contract not renewed because medication side effects
Is there any case where the employment contract was not renewed because the employee had an inappropriate interaction with other people at work - raised his voice inappropriately according with other people around him- while this employee was on prescribed prednisone - a steroid- that can have side effects like mood swings, depression and even psychosis. Can the employer just look at the effects of this drug and not renew the contract without considering that the drug can cause that? Any cases like this in California or any other state?
1 answer | asked Jan 9, 2010 12:43 AM [EST] | applies to California
Answers (1)
Hello.
The leading federal case on this issue is Humphrey v. Memorial Hosps. Assn. (9th Cir. 2001) 239 F.3d 1128, 1139-40, where the court stated that conduct resulting from a disability is considered part of the disability, rather than a separate basis for termination. Another court held that failure to consider the possibility of reasonable accommodation for such disabilities, if it leads to discharge for performance inadequacies resulting from the disabilities, amount to discharge... because of the disabilities. Borkowski v. Valley Cent. School District (2nd Cir. 1995) 63 F.3d 131, 143.
However, one of the challenges in your specific situation is that you were an employee for a specific term, so you were not really terminated. The employer simply didn't renew the contract that they were at perfect liberty to not renew anyway.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com
posted by Arkady Itkin | Jan 9, 2010 02:12 AM [EST]
The leading federal case on this issue is Humphrey v. Memorial Hosps. Assn. (9th Cir. 2001) 239 F.3d 1128, 1139-40, where the court stated that conduct resulting from a disability is considered part of the disability, rather than a separate basis for termination. Another court held that failure to consider the possibility of reasonable accommodation for such disabilities, if it leads to discharge for performance inadequacies resulting from the disabilities, amount to discharge... because of the disabilities. Borkowski v. Valley Cent. School District (2nd Cir. 1995) 63 F.3d 131, 143.
However, one of the challenges in your specific situation is that you were an employee for a specific term, so you were not really terminated. The employer simply didn't renew the contract that they were at perfect liberty to not renew anyway.
Thanks,
Arkady Itkin
San Francisco Employment Lawyer
http://www.arkadylaw.com
posted by Arkady Itkin | Jan 9, 2010 02:12 AM [EST]
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