I just lost a job because I fell asleep at work (I'm a programmer).  The company did not even give me an opportunity to respond to the accusation / explain why it happened.  Does anyone here know if OSA is covered under the ADA?  Does anyone know of any good attorneys in the Columbus, OH area that handle this type of case?

Thanks.

Wish I could help, Newb, and I hope someone here has some good solid information for you.

The whole ADA thing is complicated because, as I understand it, it doesn't say that a company can't fire a person who has a disability. It says a person can't be fired because he has a disability. That would be discrimination. But I believe the law does allow for an employee to be fired if behaviors that result from a disability can be shown to be a danger to anyone. Now, as a programmer, I don't know how your falling asleep would cause danger to anyone so maybe you could argue that. But, I'm not a lawyer and only guessing.

Best of luck to you with this. What has happened to you is something I fear could happen to me and I'm sure many others are concerned over it as well.

....



Last edited by another_guest on Tue Oct 31, 2006 10:36 pm; edited 1 time in total

Newb wrote:

I just lost a job because I fell asleep at work (I'm a programmer).  The company did not even give me an opportunity to respond to the accusation / explain why it happened.  Does anyone here know if OSA is covered under the ADA?  Does anyone know of any good attorneys in the Columbus, OH area that handle this type of case?

Thanks.

Hi,

You were diagnosed with OSA some time ago. Are you using cpap ? Did you have surgery ?

Your case sounds like a summary dismissal, which I believe is illegal in most of the developed world. Dis you not receive any advance warnings ?

Please post back.

Daniel.


_________________
The untreated Sleep Apnoea sufferer died quietly in his sleep.......
Unlike his three passengers who died screaming !!!!!!

(Anon)

Daniel wrote:

Newb wrote:

I just lost a job because I fell asleep at work (I'm a programmer).  The company did not even give me an opportunity to respond to the accusation / explain why it happened.  Does anyone here know if OSA is covered under the ADA?  Does anyone know of any good attorneys in the Columbus, OH area that handle this type of case?

Thanks.

Hi,

You were diagnosed with OSA some time ago. Are you using cpap ? Did you have surgery ?

Your case sounds like a summary dismissal, which I believe is illegal in most of the developed world. Dis you not receive any advance warnings ?

Please post back.

Daniel.

No, no advance notice was given.  I was not even told that anyone was accusing me of sleeping on the job.  I was contracting thru a third party and the client simply told the contracting company that they did not want me anymore because I was sleeping on the job . . . no notice to me whatsoever.

Daniel wrote:

Newb wrote:

I just lost a job because I fell asleep at work (I'm a programmer).  The company did not even give me an opportunity to respond to the accusation / explain why it happened.  Does anyone here know if OSA is covered under the ADA?  Does anyone know of any good attorneys in the Columbus, OH area that handle this type of case?

Thanks.

Hi,

You were diagnosed with OSA some time ago. Are you using cpap ? Did you have surgery ?

Your case sounds like a summary dismissal, which I believe is illegal in most of the developed world. Dis you not receive any advance warnings ?

Please post back.

Daniel.

BTW:  I have been using the CPAP since 06/2001.  Strap is all stretched out now, mask broke but repaired it, still using CPAP.  Cannot afford a new mask at this point but still trying, although there are some nights where I can't get any air thru my nose (sinus problems as well) that I go elsewhere to sleep.

Newb,

Does this mean you are still working through the third party as a type of temp by chance?  If you were working as a contract service, then I don't think you do have much recourse.  I've worked in this capacity before and they can decide from one day to the next if they want to keep you on because you aren't technically their employee. Also, because you weren't their employee they may have handled the situation the way they did because of that fact.  

It sounds like you need to get a handle on your OSA.  IF you are falling asleep at work, then your treatment is no longer working for you.  You can fix your strap with some new elastic and a little sewing.  IF you can't use the mask because of your sinuses, then maybe you need a full face mask.  If it's your mask, then do you have insurance so you can get a new one?  If you can't afford to buy a new mask, go to your DME and see if they can put together a "used" mask for you and see how much that would be.  If that's still too expensive, check eBay.  You need to get at the root of your problem...is it the mask or is your pressure not working for you.  Until you get this fixed, you'll continue to fall asleep at any new position you do get.

Melinda

i dont know about ohio.but in washington state sleep apnea is covered under the americans with disabilties act.but if you have or are getting proper care that is suppose to help you maintain a semi normal life.like cpap or surgery i dont think there bound by the american disabled act anymore.if i was you id consult a lawyer n see where it goes.when i was on night shift my sleeping at work was much worse when i had nothing to do as long as i stayed active im pretty much okay on days. if your do get your job back and win in court id consult your doctor about possibly using provigil for on the job alertness.as boring as programming is at least ive heard it is no wonder ya fell asleep.but sleep apnea is a disabilty n shove it in there faces...dave j

dave j wrote:

i dont know about ohio.but in washington state sleep apnea is covered under the americans with disabilties act.but if you have or are getting proper care that is suppose to help you maintain a semi normal life.like cpap or surgery i dont think there bound by the american disabled act anymore.if i was you id consult a lawyer n see where it goes.when i was on night shift my sleeping at work was much worse when i had nothing to do as long as i stayed active im pretty much okay on days. if your do get your job back and win in court id consult your doctor about possibly using provigil for on the job alertness.as boring as programming is at least ive heard it is no wonder ya fell asleep.but sleep apnea is a disabilty n shove it in there faces...dave j

Consulted 2 attorneys AND the EEOC, all tell me I have no recourse because the company was not notified prior to the incident that I had SA.  I didn't even know it COULD make me fall asleep at work and therefore I did not notify anyone.  Cannot seem to get anyone to understand it's a disability either.

Harold.