Search This Site.

Literally sick of work. Is my condition considered a disability under the ADA?

by Dave
(Florida Unemployment Compensation)



Since gaining my previous position, I became aware of an inability to stay awake while driving long periods; later this was diagnosed as narcolepsy.

I took this job on the ability to work around a school schedule, which has worked out well in terms of scheduling for school. What it has not done, however is allowed my body to get the breaks it needs. I have become sick increasingly over time. I was strained enough that I became injured on the job recently.

On return, was put back into more physically demanding work. Almost died from not being able to stay awake. Over the last few months, employer was less and less tolerant of being sick, I would often throw up 4-5 times a week minimum.

After returning and almost falling asleep at the wheel and throwing up 4 times in a day I was in rough shape. The job did not ever seem to allow me to function, and for health sake, I had to quit, awaking up in vomit was too much; the job wasn't worth dying over.

I know this was voluntary, but I didn't want to not have the job, but I couldn't choose between it and my health anymore.

What can I do?


Response to: Literally sick of work. Is my condition considered a disability under the ADA?


Hi Dave,

My short answer is: I think you need to speak with a Florida attorney.

This is an interesting question and it prompted me search by asking this question: Is narcolepsy considered a disability under the ADA?

The search returned a lot of information
that I think you should read. It's also why I think you're looking in the wrong area for help.

I receive a lot of questions that are simply beyond of the scope of can I collect unemployment and your question is included as beyond the scope.

Often, people look at the quick fix unemployment may provide when they should be investigating whether their rights have been stomped all over on and by an employer.

Although I may be able to detect a potential problem, I by no means am qualified to answer.

Your statement of "Over the last few months, employer was less and less tolerant of being sick" leads me to believe the employer was aware of your condition and therefore I suggest you look into consulting with a Florida employment attorney. The disability issue is important because effective 1/09 the ADA was amended to actually do what it was intended to do instead of allowing courts to limit it's scope with precedent decisions that were saying someone wasn't sick enough.

By the way, Florida does allow unemployment due to a workers illness or disability, but what also plays an important part in determining whether a person will collect unemployment are the actions of each before the separation occurs.

For unemployment benefit purposes .. when someone quits their job .. good cause is established through their efforts to first preserve their employment when possible and some other reasonable person would think that too.

I know .. not very definitive, but that is just the nature of laws .. there always seems to be two opposing arguments.

Chris

Click here to post comments

Return to Ask Florida Unemployment Questions.

} }