You Can’t Fire Me! I’m Disabled!

For years, courts have often ruled that employees cannot use last-minute declarations of disabilities to protect themselves from the potential consequences of their actions or avoid getting fired. But a recent decision suggests that employers should still take such statements seriously.

Consider this: A night-shift employee repeatedly fell asleep at work. The employer gave her repeated warnings, leading up to a suspension. Despite the discipline, she continued to sleep on the job. As a result, her manager suspended her indefinitely pending further investigation and told her that she could be terminated. A day later, the Human Resources Manager recommended that the employee be terminated, and twelve days after the recommendation, the employer followed through and informed the employee of the termination.