We fired an employee 18 months ago for not meeting sales goals and for sleeping on the job. 6 months ago he contacted us about returning to the job, we decided to give him a second chance with the stipulation that if he was caught sleeping on the job he would be fired. Last week he was fired after being caught by a manager sleeping at his desk (which he denied). The day after he was let go he claims to have gone to a doctor and "may" have a medical condition causing the sleeping on the job.... (now admitting he was sleeping on the job when caught). Does he have a case for wrongful termination?

Rita Risser replies:

He would only be protected by ADA if he had notified you before termination of a disability. In addition, he must be able to perform the essential functions of the job, and surely one of the essential functions is staying awake. It sounds like you are getting set up for a lawsuit. Stick to your decision. If he files with the EEOC, get a local lawyer. Good luck.