can i be sacked from my job because i have started having seizures?

[doihaveepilepsy]

can my employer terminate my contract because i have seizures.
i have been off work for 5 months now. although thats because they wont let me go in i would gladly go back on monday if they would let me.
i have a feeling that i am going to be sacked due to the seizures and the amount of time i have been off sick.

does anyone no if i can be sacked?

 

[tinasmom]

How long have you been employed there? Would your doctor fill out a form for Family Medical Leave? You should be able to check into your state laws also regarding medical leave. You might want to do some research to see what your rights are. You can check the federal laws also. Unless you know an attorney personally or someone that has been in a similar situation, you have to educate yourself.

 

[Bernard]

I would recommend contacting the Epilepsy Foundation's legal department for those kinds of questions.

 

[skillefer]

I agree with Bernard and Tinasmom...I would imagine that what your job is, and the length of time you've been off would be the only things that they could legally sack you for. I'm a teacher and have had seizures in the classroom. The school district has no issues with me working in the classroom. But your state and job duties might be completely different.

 

[brain]

Yes, No, and Maybe ...

Answer:

YES

NO

and

MAYBE

It all depends on your job, State Laws,
and if you were compliant to your
Employer's Policies. Failure to be in
compliant with your employer's policy
can result termination.

Another option that Bernard and Tina
didn't offer is ... Contacting your State
Unemployment Office's EEO Supervisor
IN PERSON!

The State EEO has a history database
of every Company and their track
record. They also know in turn what the
Company's policies is in turn, so could
be of advisory right there if you have a
case or not.

The reason why for my 3 answers above
are:

YES - they can terminate you for various
reasons (sometimes it can be quite
unfair - but it applies to everyone even
it impacts normal people as well) if they
have a valid Company Policy / Policies
and you signed the Legal Forms - that
you agreed to it (which would mean you
would not be able to file lawsuit against
them or do anything to them or even
file a complaint). And all of this is legal.

NO - they cannot terminate you if you
complied to all of the Company policies
and you have all copies to sustain proof
and thereon. (That is why it is important
to have a copy for yourself at all times)

You may be eligible in hiring a Lawyer
if this applies and if this is the case
and issue.

MAYBE - 50/50 coin toss - it all depends
on the situation, if the Company is not
a safe place and is a OSHA hazardous
place for specific people with handicap
per OSHA (Federal) Laws. Then they
can RELEASE YOU but not TERMINATE
YOU - If it's an OSHA issue, you can
contact your Company and agree to a
NEUTRAL GROUNDS - where being
fired will not tarnish your employment
record and they agree not to disclose
the long term leave of absence, in
other words - mutual agreement.

If they refuse to that due to OSHA,
you can turn to the EEO Office and file
a formal complaint in spite of the
Company's Policies, if you were never
diagnosed with Epilepsy until recently,
the Company's Policies can be
overridden and the EEO Supervisor or
assigned Case Worker will then handle
the matters from there - and may even
order the Company to pay you anything
from workman's comp to lump-sum
compensation for releasing you.

You may be eligible in hiring a Lawyer
if this applies and if this is the case
and issue.

Your State may have a Employment Law
of Double Jeopardy, and the only
way to find out is via the EEO Office.

 

[doihaveepilepsy]

well i live in the uk so i am not really sure i have googled it lol to see if i can find out anything useful, but its all if's but's and maybe's nothing concrete really.
i work in a school as a teaching assistant for childen with social emotional and behavioural difficulties, i have been employed for 14 months now at the school.
i have adhered to my sikness and absence policy as required for example giving them regualr updates as to where i am with a diagnosis and handing in sick notes from my doctor to certify my absence. i have been off for 5 months now in total.
i have emailed my boss and asked about if i am going to be sacked or not, and she didnt email back, which got me thinking.
because i wasnt diagnosed as having a seizure disorder, (which is looking very likely that it is epilepsy according to the epi dr) when i started the job, then if she sacks me is it classed as disability discrimination.
it worries me because my boss is extremely clever when it comes to getting what she wants, even though i dont think she really wants to sack me i think that she may feel its her only option.
i love my job, and i really dont want to loose it.

 

[tinasmom]

I think that your best option is to talk to a lawyer. Is it possible for you to get some free legal advice?

 

[brain]

I didn't realize you lived in United
Kingdom - your best bet would be
to click on the LOGO BELOW and
they would be of better assistance:

 

[skillefer]

I'm a teacher and used to work with kids with behavioral issues. Now, I work with kids with special needs. My aide also has epilepsy. We've been fortunate in that the district we work in has no issues with our having epilepsy. I've had several grand mals in class. So now, each year starts with a short discussion on epilepsy and what they should do if I have a seizure in class. The funny thing...after I had my first in class seizure, my kids got REALLY protective of me....that was back when I was teaching the special needs and behavior issues class. My kids were called "The Dirty Dozen". I was the only one that could get them to do anything....and you should have seen how they reacted when my then fiance, future hubby, came to visit my class. *eye roll* You could practically smell the testosterone oozing through the air. Have faith, and check out the link that Brain suggested.