Legal Question in Employment Law in Pennsylvania

Re: being terminated due to healthcare mistakes

You asked about a potential claim where you were terminated because you missed work due to an illness.

There are a lot of variables that could affect my answer. Generally employers must accommodate the know medical conditions and disabilities of an employee.

The main acts at work here are the Americans with Diasbilities Acts and the Family Medical Leave Act. Both specify when and what type of accommodations must be granted to employees when they have personal or familial medical conditions that must be accommodated.

An employer covered by either law (some employer's are exempt) has the right to require that an employee be qualified for a position, with or without accommodation; that the employee make known any medical condition and at the least suggest that they need an accommodation. I wrote the terms of this test so that it covers both scenarios so it is not the true legal standard, but you get the idea.

If you feel that you have been wrongfully terminated you may have a claim but would need to speak with an attorney to discuss this fully. If there is a claim you can seek your job back, back pay, front pay, potential punitive damages and possibly legal fees. Often an attorney will require an upfront fee which may be deducted from any award. This assures that the attorney has you on board with the case.

As always, your rights have a time limit and failure to exercise your rights may prejudice your claim.

Regards,

Roger Traversa

email: [email protected]

phone: 215.279.8940