FL: Can an employer fire you for a pre existing medical condition you have documentation for, that he knew when he hired you 6 months ago?

Update:

My employer had a no facial hair policy, but with documentation from a doctor (which I have had on file since hiring), and as long as the beard is short and neat(under 1 1/2in) N-95 masks seals (mine always is and does) they would allow it. Today I was informed the policy has changed and I would have to shave or most likely be let go. I have to talk to HR within the next few days. Can they fire me for this? What are my options? Because if I do shave the mask won't seal due to folliculitis bumps.

10 Answers

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  • 3 weeks ago

    Florida is an at-will state. There doesn't need to be a reason to terminate an employee as long as the employer is not discriminating against a federally-protected class. Your situation does not put you in a protected class.

    • A Hunch
      Lv 7
      3 weeks agoReport

      All states are "At Will" and everyone one of them has limitations on that doctrine besides protected class discrimination.  If what he says is true (very doubtful) then he is may be covered under the ADA since his condition impacts his ability to hold a job. 

  • 3 weeks ago

    Generally, yes.

    If it qualifies as a disability AND you are capable of performing the essential functions of the job (with or without reasonable accommodations), then no.

    If it is not a disability, then yes.

    If you can't perform the essential functions of the job, then yes.

    If you need accommodations that are not reasonable, then yes.

  • Judy
    Lv 7
    3 weeks ago

    Yes. And you have no protection under FMLA since you haven't been there a year yet.

  • hamel5
    Lv 7
    3 weeks ago

    Unless you're in a union or have a contract - they can fire you for wearing the wrong color socks.   As long as it isn't because of race, gender, ethnicity or age - you can be canned on a whim  

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  • 3 weeks ago

    It seems odd that the mask will seal with facial hair but not with your usual skin texture. 

    We don't know your job and whether something else has changed to make no facial hair a requirement.  I can think of so things that could have happened that said.

    I can't envision a situation where the company would let you go for this without reviewing other types of options, like full face mask or something.  But if there is a reason that only the N95 works, you really have to be clean shaven, and the mask doesn't seal, then they can let you go. I hope you/they figure out other options.

    • A Hunch
      Lv 7
      3 weeks agoReport

      i.e. told you what razor to use, shaving cream/after cream, etc = your note isn't going to fly.  If after having this treatment, you still can't get the mask to fit, OSHA requires a full face mask which should eliminate the problem. 

  • 3 weeks ago

    There are NO medical conditions the require wearing a beard.

    There are NO masks that will seal over a beard, but not over "folliculitis bumps".

    The beard IS NOT medically required and you have no legal argument.

    • Bruce3 weeks agoReport

      You’ve obviously never met someone with skin conditions then, even the military makes accommodations. The mask will seal with less than 1 1/2 inch official air

  • martin
    Lv 7
    3 weeks ago

    If the employer did that, he would have to prove that due to some changes, that medical condition suddenly was a disqualification. Otherwise, it would be a discharge without "just cause" entitling you to unemployment compensation.

  • Greg
    Lv 7
    3 weeks ago

    If it is preventing you from performing your work, yes.

  • abdul
    Lv 7
    3 weeks ago

    Sure, if it interferes with the operation and the work doesn't get done.

  • Anonymous
    3 weeks ago

    Depends where you live and what legal rights protect you.  Not enough information.

    Companies change policies all the time, I don't think you have a leg to stand on.  Talk to an employment attorney where you live.

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