My question involves labor and employment law for the state of: Illinois
This is regarding an animal shelter where they perform veterinarian related tasks, primarily spaying and neutering of the animals. The employee has been employed at two veterinarian offices at the same time as a vet tech. One for 9 years and the one in question for 8 months with previous stints of volunteering her time at the shelter in question as a vet tech. She has had an on-going issue of passing out for 2 years; the doctors are calling them pseudoseizures or psychogenic nonepileptic seizures (PNES): PNES are psychological (i.e., emotional, stress-related) in origin.
This shelter is a smaller shelter and knew of her condition prior to her volunteering as a vet tech and prior to employing her as a vet tech. When the employee passes out she has a feeling about it that comes on before it happens. The employee passed out once at the shelter before being employed, her condition has not affected her work performance in any meaningful way. This employee passed out in her kitchen last Thursday night. She hit the side of her face extremely hard and her family found her on the floor several hours after passing out.
The employee went to work on Friday with her face bruised because scheduled surgeries would have been canceled, as she's the only vet tech, the shelter then sent the employee home. Monday the employee received a phone call from the director of the shelter saying that the employee needed a doctor's note. Originally the director said that the doctors note had to say that the employee wasn't going to pass out ever again. I was recently informed that the director revised her request and requested a doctor's note stating that the employee is capable of doing and performing her tasks as a vet tech without passing out.
If the employee can't attain a note stating the she won't pass out, basically ever, it looks like she will be terminated. What ground does this employee have with the employer having known of the employees health condition, said health condition hasn't affected work performance in any meaningful way, and is now facing termination of employment due to said health condition?
Thank you for all of your help with this.
This is regarding an animal shelter where they perform veterinarian related tasks, primarily spaying and neutering of the animals. The employee has been employed at two veterinarian offices at the same time as a vet tech. One for 9 years and the one in question for 8 months with previous stints of volunteering her time at the shelter in question as a vet tech. She has had an on-going issue of passing out for 2 years; the doctors are calling them pseudoseizures or psychogenic nonepileptic seizures (PNES): PNES are psychological (i.e., emotional, stress-related) in origin.
This shelter is a smaller shelter and knew of her condition prior to her volunteering as a vet tech and prior to employing her as a vet tech. When the employee passes out she has a feeling about it that comes on before it happens. The employee passed out once at the shelter before being employed, her condition has not affected her work performance in any meaningful way. This employee passed out in her kitchen last Thursday night. She hit the side of her face extremely hard and her family found her on the floor several hours after passing out.
The employee went to work on Friday with her face bruised because scheduled surgeries would have been canceled, as she's the only vet tech, the shelter then sent the employee home. Monday the employee received a phone call from the director of the shelter saying that the employee needed a doctor's note. Originally the director said that the doctors note had to say that the employee wasn't going to pass out ever again. I was recently informed that the director revised her request and requested a doctor's note stating that the employee is capable of doing and performing her tasks as a vet tech without passing out.
If the employee can't attain a note stating the she won't pass out, basically ever, it looks like she will be terminated. What ground does this employee have with the employer having known of the employees health condition, said health condition hasn't affected work performance in any meaningful way, and is now facing termination of employment due to said health condition?
Thank you for all of your help with this.
Getting Fired: Termination Pending Due to Known Medical Issue
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