My employers are trying to terminate me from my position, due to the fact that I have END Stage renal disease.

Reach out to some employment lawyers. End stage renal disease is serious. Unfortunately, all employees still bear the burden of proof. Once you establish that you are protected AND able to perform the essential functions of your job, with or without accommodation, the employer will allege what it claims to be a legitimate, nondiscriminatory reason to let you go (it might allege that you are an essential employee or that you have exceeded the maximum leave times bearable by this sized employer in its industry, without creating undue hardship to it).

This is where it gets tricky. If you need an accommodation you should ask for one with your physician's support of course. Then you will participate in a back and forth with your employer about how you might perform with or without accommodation. If the employer alleges undue hardship you may discuss alternatives. Most employers are careful enough to document these interactive process discussions. If no accommodation is available, for example medical experts cannot reasonably anticipate your return to work date or that date is too far out, that could result in termination. Remember that everyone, unfortunately even those most ill, must work or be trying to work. Social security disability recipients can have discrimination claims for part-time work but they are still working. Don't quit, make sure physicians keep providing return to work dates, and continue regular communication with HR. "At will" employment is what it sounds like. Good luck! Call some employment lawyers to discuss more than legal conclusions. We all need facts and search for strong ones.

posted by V Jonas Urba  |  Nov 3, 2022 3:13 PM [EST]