Can someone be fired from work because of Asthma?
February 7th, 2010 | by admin |
aes011 asked:
Can someone be fired from work because of Asthma? Or would it be covered under the American Disabilities Act?
Can someone be fired from work because of Asthma? Or would it be covered under the American Disabilities Act?
10 Responses to “Can someone be fired from work because of Asthma?”
By BRUCE ALMIGHTY!!!!!!!! on Feb 10, 2010 | Reply
ONLY IF IT WASNT DISCLOSED BEFORE THE JOB WAS TAKEN!!!!!!!!!!!!
AND IF IT WASNT ASKED ON THE APPLICATION FORM THEN IT IS OK!!!!!!!!!!!!
BY THE WAY FOR THE PERSON THAT GAVE ME THE THUMBS DOWN!!!!I I EMPLOY 460 PEOPLE SO WHAT DO YOU KNOW THAT I DONT!!!!!!!!!
By city girl on Feb 12, 2010 | Reply
You can’t be fired because of an illness, but they can figure a way around it
By st.patricks sunshine on Feb 15, 2010 | Reply
no because my day has asthma and he cant get fired
By Veon on Feb 18, 2010 | Reply
And, if your job is causing you asthma attacks, then you should quit.
By Maria V on Feb 20, 2010 | Reply
no, we call that a discrimination which that’s again the law!!
get a lawyer!!
By Dave on Feb 22, 2010 | Reply
if your asthma directly affects your work performance and you did not tell them about it during your interview then yes, they have every right to fire you. but if it doesn’t affect your performance, and if you told them about it to begin with then it would be wrongful termination.
By Justin M on Feb 22, 2010 | Reply
no they cant
By hr4me on Feb 23, 2010 | Reply
1. Did they disclose the illness and request any kind of an accommodation with the company?
2. Can they perform the essential functions of the job?
3. How long have they worked for the company? Is the company large enough to be covered by FMLA?
4. Is the job something that can be done with this condition or does the job or its surroundings cause the asthma to be worse?
These are a couple of key questions that need to be answered and will make a difference. Yes, the illness itself could be covered under the ADA act but there are some restrictions as to what is covered and how a disability is covered. It’s not just automatic.
By yallerose on Feb 25, 2010 | Reply
Not directly, but there is always the old “you have missed to many days of work” reason if the condition prevents the employee from doing their job.
By richard t on Feb 26, 2010 | Reply
I don’t think ADA covers it.I have asthma………….
if you are in a cotton mill or coal mine………………and you have asthma.yes…………..
if you don’t get it treated yes