Hello,
I am newly diagnosed with Post-Concussive Syndrome stemming from a MVA on 9/27/11. For a couple of months it seemed my main symptom was having an extremely hard time getting out of bed at my usual time in the morning. As time went one, I had infrequent (since 9/27 about once every 2-3 weeks lasting 15-30 minutes) periods of impaired conscious or a brief loss of consciousness. It never affected my work performance except during those 15-30 minutes once or twice a month. I was put on forced medical leave my my employer where I gathered all necessary documentation regarding my diagnosis and the symptoms surrounding it and what to expect. Before and after receiving doctor documentation, they have regarded my brief losses of consciousness as a "Behavioral Workplace Issue" citing I was "sleeping at my desk." This last episode on 12/14/2011 I was terminated for "lack of alertness" during work hours. They would not allow me to make a rebuttal on my memos or "write-ups" nor did they change their tune after getting multiple doctors sending in documentation citing specific diagnosis' and what my employer could expect from these syndromes. It almost seems equivalent of firing a patient with documented epilepsy who has a seizure at work and was unable to fulfill their job requirements during the periods of the seizures, which was the only time I was unable to fulfill my job requirements. The rest of the time, I was an overachieving employee going over ever goal they set for me and receiving a specific certification that same day I was terminated which I studied for while on forced medical leave and under extreme stress due to them having me run around town getting multiple doctor's documentations because each one I got wasn't good enough even though it was exactly what they asked for. Is this legal? It doesn't seen like it would be.