QUESTION
was fired for falling asleep but believe i have a sleep disorder
Asked on Jun 21st, 2013 on Employment Contracts - Wisconsin
More details to this question:
just about everyday i have a problem with staying awake, to the point where i will fall asleep when someone is talking to me or will doze off without knowing it. the other day it happen at work and my supervisor had seen me and fired me on the spot, the day before i had fallen asleep again and my other supervisor had woken me up but did not talk to me about it or give me a verbal or written warning. i gave my explanation but it didn't matter to them and didn't offer to work with me or give me a chance. i never got it diagnosed because i didn't realize how much it was affecting me, but now i made an appointment to get help for my sleep disorder. If i am diagnosed with a sleep disorder would i be covered under the ada and would i be able to file a claim against them or sue them for discrimination?
1 ANSWER
This is a difficult scenario, but there is the potential for protection under Wisconsin law and possibly the ADA if you informed your employer of the medical condition and asked for some accommodation for it. Clemency and forbearance from disciplinary measures can be a form of accommodation. The difficult part of your situation may be that the employer already terminated your employment. You may want to consult with an employment attorney to discuss communicating with the employer immediately about the situation, asking for clemency and forbearance from discipline and consider filing a complaint of discrimination with Wisconsin’s Equal Rights Division. Don’t delay, claims of discrimination must generally be filed with the EEOC or the ERD within 300 days of the discriminatory act.
Gordon LeechAttorney/Managing MemberConsumer & Employment Law Center of Wisconsin4701 N. Port Washington Rd, Suite 101Milwaukee, WI 53212Tel. 414-431-1920Web: www.celcwi.comBlog: www.wisconsin-consumer.comEmail: gleech@celcwi.com
Answered on Jun 24th, 2013 at 5:28 PM