QUESTION
Is it legal to fire someone who has a medical condition but can do the job hired for?
Asked on Nov 08th, 2012 on Labor and Employment - Oregon
More details to this question:
I was prescribed a Fentanyl patch by my doctor. I was told that I would be able to drive, work and do normal activities while on the patch. I had a bad reaction to the patch and passed out at work and was let go. I was told by my employer that if I had to take medication daily for pain then I must be an addict. I was given an excuse from the emergency room doctor for the day and he told me that some people cannot tolerate that medication.
2 ANSWERS
You should consult with an attorney that handles discrimination cases. I suspect that the employer may refuse to permit you to work there while under the influence of Fentanyl The question is what accommodations are they required to make, as far as holding your job open. I do not know that answer You may be too late to apply for FMLA. I do not know.
Answered on Nov 12th, 2012 at 9:52 PM
Administrative Law Attorney serving Sherwood, OR
Partner at
Employment Law Professionals Northwest LLC
3 Awards
One cannot be fired for a medical condition unless it prevents them from performing the essential functions of their job or if the workforce is so small that an accommodation is not possible. The information you provided lacks enough specificity to give you a solid legal answer. You should consult an attorney.
Answered on Nov 08th, 2012 at 7:03 PM