Can you get fired/laid off for your condition?

1) absolutely never tell an employer you have any medical condition

2) there was a thread several years ago which I believe it was stated that UC is a protected condition under federal law ie you can't be fired under most circumstances for having it. I could be remembering that wrong.

I was (WAS) a teacher and had a severe flare up and my principal threatened to fire me because I had missed too many days. She followed all of the protocols of "disciplinary action", but basically I wasn't doing the job she hired me to do (through no fault of my own). She did not fire me, but allowed me to apply for short term disability. I agree with the others that I would absolutely NOT disclose your illness to your employer, but you should educate yourself and be prepared.

1) I agree with other posters NEVER disclose you have medical condition prior to being hired

2) I'm not sure but doesn't it vary from state to state? I know the state I live in is an "At Will Employment" which means people can be fired or let go for no reason whatsoever. Of course suing is always an option after that. I'm just not familar with the legalities of this issue, but I wanted to point out that there was an employee at my work that was eventually let go because she couldn't perform her work duties due to a autoimmune disease - wasn't UC. But she missed a lot of work, went through short term disability, then after all that the company did let her go, so I guess it could happen.

Somedude, you are fortunate to have a job with the gouverment and so do I. It is about the only kind of job we can tell before being hired about any physical conditions or medical conditions.

But any other work place is not going to pick an employee with a cronic medical condition.

I would keep this from my employer, I mean don't give more information than what you are asked for.

And yes, sometimes it is better to take a longer sick leave rather than missing 2 times a week for a long period of time. If you get one medical leave, it looks better than taking a lot of days off. First it is easier for an employer to replace you for 3 months than having you there and not be able to count on you 1/2 the time.

In anyways, once you are hired it safer to talk about if you get sick. They know you, they know how good you can work ect... If they fired you because you have a cronic medical condition you might be able to fight it, depending on the protection and laws where you are.

most states are employment at will, and only reason you can't fire is protected civil-rights class. unless you can qualify under Disabilities Act, you can be fired any time you miss too much work.

larger employers do have to offer unpaid FMLA time, but smaller employers do not.

try to get on with larger company, with good group insurance. there are no longer pre-existing exclusions, but high copay sucks, and good plans with good drug coverage are golden.

It is discrimination to fire you due to a disability in every US state. A chronic disease is a disability. But, any employer can fire you at any time for any reason. It's what happens afterward that is different. If you have a case you could sue and collect damages. If you don't have a case then you don't. I wouldn't tell any employer ahead of time that you have this disability. Even though it is against the law to not hire you due to a disability you would have to prove that is why they didn't hire you, which would almost be impossible. It would take years to win a settlement if you sued for discrimination. Once you are hired there may be times where it was best to tell them and times where it wouldn't. Every situation is different. But, they haven't discriminated against you by firing you for missing too much work if they didn't know you had a disability. So, it can sometimes be a double edged sword.

Tornado6 said...
There have not been pre-existing condition exclusions on employer plans since the 90s. Your employer plan is covered by HIPAA.

Yes, I meant that if one had to go to the individual market, it is now more of an option because no pre-existing.

Group plans have had that advantage for some time, but I know a guy with colon cancer who got what was supposed to be a temp ostomy. He was fired from a small company because other employees worried that the premiums would go up if he had his reconnect surgery.

In the US it can be hit-n-miss making a UC is disability case. Not every illness is a disability. You need to get a good lawyer and stress the lifelong relapsing remitting aspect. B ut since social security does not always grant UC disability claims, it can be hard/expensive to press a disability related termination suit.

I don't know anything about Canada. A quick google search returns this advice: http://www.theglobeandmail.com/report-on-business/careers/career-advice/what-are-the-rights-of-a-worker-on-indefinite-sick-leave/article4098877/

so if you can afford to not get paid, then it seems you can likely "keep" your job.