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I was fired for being "late to work." I have been diagnosed with Narcolepsy; and the company's new health insurance cut my medi
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About 12 years ago I was diagnosed with Narcolepsy, and have subsequently tried various medications over the last decade.
I live in Pennsylvania and about 1.5 years ago was terminated for "being two minutes late to work." I was relocated from one location to another... the latter a commute of nearly an hour each way. Around the time that I endured a change in my commute, the company I worked for also changed health insurance companies. The new health insurance company would only allow me to receive 30 tablets of my medication when I was receiving 60 tablets with the old company. I feel I was discriminated against for having a disability as no one in my management even wanted to hear my explanation as to why I was late.
You might have a case here. There are a couple of considerations, however. First, was the company on notice that you have a disability? If they truly have no idea whatsoever, then there cannot be discrimination, however, if they knew (directly or indirectly) or should have known, then this may have been a result of your disability. Another consideration is whether there was any discussion of accommodation. The role of the insurer in your case is also interesting; why did the insurer only permit 30 tablets? Was that change against medical advice ("AMA")? Also, was there communication between the employer and the insurer? Finally, when did this occur? The statute of limitations for these matters run quickly; depending on the size of the employer, in Pennsylvania, the PHRC requires you file within 180 days of the adverse event.
In sum, I would certainly recommend speaking to a lawyer about this and, at a minimum, find out your rights and get an honest opinion as to your chances of success. As an aside, moreover, this may impact any filing for unemployment compensation, so I would suggest that you consult with counsel sooner rather than later.
