Legal Question in Employment Law in Pennsylvania

threats

I work for a nursing facility; when I was hired I spoke openly to the Director of Nursing and told her I had chronic respiratory problems. Since I have been there in a year I have called off, but twice I was in the hospital--they wrote me up for call offs/and threatened to suspend or even fire me if I continue to call off. I have pneumonia again and under Dr's care...missed 2 days so far..and I do have a Dr's slip. Corporate claims they do not accept Dr's excuses because they are easy to make on the computer. My Dr is the medical director at the nursing facility...so they know I am not lying. Can they actually fire me because I am frequently ill?

Can I sue them and collect unemployment if they do?

I don't think that is very fair?


Asked on 3/10/09, 2:46 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: threats

Because you have a chronic condition, if you can perform the essential functions of your job with or without accomodation, you will be ok - either by virtue of keeping your job or having a solid lawsuit. How you live while the lawsuit is being litigated is another matter altogether.

Keep getting the dorctor's slip anyhow. Ask her if she can mail a letter to the big boss at work. Slip the office manager a $20 and tell her to send it certified if need be.

Some employers are asses. They will be made to look such in front of judge and jury should litigation ensue.

Good Luck.

TV

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Answered on 3/10/09, 4:14 pm


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