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Can I get fired cuz of a medical condition? Wisconsin

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  • Can I get fired cuz of a medical condition? Wisconsin

    I've recently been diagnosed with a panic disorder and that makes it very hard to work and I often have to leave work early.
    Can I get fired from this?

  • #2
    Probably. I find it hard to envision a position where a reasonable accomodation under the ADA, even if the ADA applies (which has not been established yet) would be to allow you to leave work whenever you like.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      cbg, WI's Fair Employment Act has a much more stringent definition of "disability" than does the ADA; same goes for what constitutes a reasonable acccommodation. (There's some employer adverse ERD rulings in this State that would make your eyes pop. )

      That said, I agree that even in WI, a reasonable accommodation almost certainly doesn't require your employer to allow you to leave work whenever you feel the need, particularly if it happens often. There definitely are medications you can take that may significantly improve your condition. If you haven't discussed those with your doctor (or he/she hasn't referred you to a psychiatrist for medical management of your condition), you certainly should do that right away. A reasonable accommodation for your employer would be to allow a reasonable amount of absence time while you are adjusting to your medication(s).

      BTW, you should also talk to your employer about applying for intermittent FMLA.

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