posted
I've been down this road with my current employer twice; Missing days of work, being late because of treatment, and not being the most efficient I could be. My question is whether or not I can get fired for having a pre existing condition? I am planning on giving them the FMLA (Family Medical Leave Act) form, but is that enough? I feel like I am pushing myself way too hard for them to go behind my back and complain that I am not at work enough, that I'm replacable. Do they not believe that I am sick, I'm just over it and over people thinking that I am trying to get away with something. They have to understand that this is the last thing I want for myself or anyone else that is going through this. Sorry for the rant but it hasn't been the best Monday so for. I'm just looking for some input on this topic and wondering if anyone has gone through the same thing. Thanks!
Posts: 15 | From New York, New York | Registered: Mar 2005
| IP: Logged |
posted
I know several here who WERE fired for being ill. Probably depends upon which state you are in.
I'm bringing this to the top for those who have experienced this!
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96222 | From Texas | Registered: Feb 2001
| IP: Logged |
lymebytes
Frequent Contributor (1K+ posts)
Member # 11830
posted
I would check with your state laws regarding this.
Here in CA we have a governmental division called Fair housing and employment, (maybe you have it in NY?) if you were fired for an illness you could file a complaint and they fight your case as discriminatory.
I was fired many years ago for being pregnant and missing work due to morning sickness. It was pre-existing, I was pregnant before I started the job (very early) I wasn't showing and didn't tell them I was pregnant.
They were in huge trouble for firing me, Fair Housing and Employment took care of a complaint and settlement against them and charged me nothing, the laws covered me.
It is a form a discrimination if you are fired, check the laws.
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
-
You do need to speak with a specialist.
If something like the agency above does not pan out, contact your local bar association for the name of someone who can answer a few questions regarding the ADA (Americans with disabilities act).
All before '93 - I was fired - so very many times - not so much for being ill, but not being able to do the job because of illness (brain fog - bad memory - to the max and "inablity to handle the stress related to this job" was mentioned over and over.
I was always a go-getter and worked long hours, but I would not concede that I was ever unable to do my job -- it was my body that wouldn't help !! I kept passing out at one point - and that was not on my job description.
So, a decade or more later, this is my understanding:
You have to be able to do the job. However, if you declare with your personnel manager (human resources) that you have a disability and need special accommodation in order to effectively do you job, if such accommodation can be reasonably provided, it must be provided.
This could be a change in schedule, a quiet place for naps, replacement of florescent (sp?) lights with regular desk lamps, etc, etc.
I say consult someone knowledgeable about the ADA in regard to chronic illness before you notify your employer.
Once you notify your employer of your disability and request for accommodation, they are not supposed to be able to fire you IF you do your job. Bottom line: the job still has to get done somehow. There is some leeway in how that is achieved.
And, is there another position that might work better for you? The company can offer you another position as accommodation. Be prepared for that - it might work well or not - but think of where else, how else, this might be better.
Also, if you do declare a disability and request accommodation, be VERY clear with personnel how that will be handled among coworkers.
I knew of one person who had to take two 30-minute naps a day in a separate room at work. Her co-workers harassed her to not end. Her dx was Chronic Fatigue Syndrome. Everyone was just cruel.
So, be aware of how word will spread and get the phrase just right before moving on. If you have a structural problem, say an inner ear dx, nap time can be called "vestibular treatment" as it will rest the inner ear to be in dark, quiet.
If you need to work different hours, or maybe part-time or share the job with another, are there distinct physical things such as carpel tunnel, neck strain, etc.
You might also ask about a leave of absence. Remember, though, before discussions, consult a specialist and then DECLARE the disability BEFORE any discussions.
Again, the job still has to get done somehow. How that happens is open for negotiation.
and KNOW THE LAW ABOUT YOUR PRIVACY ABOUT THIS.
Also, remember that if they say you cannot do the job, you need that in writing. It would help as you would move to the next step. Keeping a professional relationship in spite of all this may mean you could return or get a recommendation for your qualities.
randibear
Honored Contributor (10K+ posts)
Member # 11290
posted
i was a federal worker and was treated very badly because of my lyme. my manager asked for documentation which i provided and he still went after me.
my coworkers thought i was shirking and made horrible nasty remarks. it was ok for them to do it, but not me....
our manager in washington put out a note that anyone who took more than a certain number of hours was going to be put on notice and had to have washington's approval to take leave.
it got so bad i just retired...the constant harassment was too much and made me worse...it's not worth it.
-------------------- do not look back when the only course is forward Posts: 12262 | From texas | Registered: Mar 2007
| IP: Logged |
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
-
IMO, documentation for lyme will do no good at all. They will look up what the IDSA says about it being short term and not that big of of deal - and then you will be seen in a bad light.
You don't need the underlying diagnosis, just the doctor's report of that, due to physical limitations, this or that needs adjusting.
posted
When I went to my employer a couple months ago and told them I had a relapse with the Lyme they were more than understanding. They even suggested that I go down to a 4 day work week.
This is why I don't understand why they are going behind my back saying that I am not in the office as much as I should be.
Unfortunately I cannot go to my human resources person as she is part of the problem and talking about me.
The complaint that I heard is, "Why are we accomodating an administrative assistant?" Great, kick me while I'm down. The only reason I am still at this company is because of the health insurance, and more than ever I need it.
Posts: 15 | From New York, New York | Registered: Mar 2005
| IP: Logged |
Keebler
Honored Contributor (25K+ posts)
Member # 12673
posted
-
They ask: "Why are we accomodating an administrative assistant?"
Answer: because it's the LAW (as long as the work still gets done).
If the work is not getting done, then it's the law for them to work with you to explore other options for improvement.
Even if you and the personnel director do not get along, you must, BY LAW, declare the need and request for accommodation to someone in your company's hierarchy and get that into your personnel file.
If you don't formally declare this, you have zero protection under the ADA.
However, you said you've received accommodation before - so this should be noted in your file - but it may not be. And, simply discussing it may not be the same as "declaring" it.
It's tricky asking for a copy of your personnel file, but you are entitled to do so anytime.
An attorney or someone at the bar association might be able to answer a few questions over the phone or send you the law.
Perhaps they could refer you to an ombudsperson or an advocate. I think this requires professional advice and it would be helpful to have a third party bring you all together in a helpful manner.
randibear
Honored Contributor (10K+ posts)
Member # 11290
posted
I worked in the civil rights office and I know they can make your life a living hell. and yes i knew all the laws about discrimination and it didn't help me one damn bit.
I don't care what the LAW says.. they will find ways to make you so utterly defeated that you give up....the constant harassment, the phone calls at home, the snide remarks,,threats of being fired, being denied leave, pushing all the work on you, ad infinitum....
again, not worth it for me...
and i was white with a hispanic manager, and two black coworkers....
i had NO support in the local office or in washington....so i gave up....
-------------------- do not look back when the only course is forward Posts: 12262 | From texas | Registered: Mar 2007
| IP: Logged |
disturbedme
Frequent Contributor (1K+ posts)
Member # 12346
posted
This happened to me.
I started my job mid January 2007. Unfortunately, I fell very ill with this on January 2, 2007, ended me in the ER, etc. Right before I was to start my career, this disease decided to come out to play.
I fought it and started going into work and some days were okay and others not so much, but enough that I was able to go in and do my work.
A few months later the sickness got worse and I couldn't even get in to work. And I called off a lot. At the time, the management at my work was very understanding and very caring about it. After a while of calling off and not being able to make it in or only making it in a few times a week, I called and asked if working at home would be a possibility at all (it's all work that can be done on the computer).
I was MORE than lucky that they agreed (the HR at the time said her mother had lyme disease and was very sick from it, so she understood) and I worked from home for about a year.
A little over a year and a couple months, I was called up (by an entirely different management)and told that due to some changes being made, they had to terminate my at-home position and that if I didn't come back into the office to work, then basically I'd be out of a job. They just up and called me and told me right then and there. They could have given me 2 weeks notice or some sort of notice. They also knew, by my telling them, that the reason I was allowed to work at home was because of my illness. He said that he could sympathize but there was nothing he could do.
I needed to make money, I needed a job, so I tried to go into work at the office. It didn't work out so well. The entire one day I was at work I felt like a zombie. I was dizzy and just felt like I was out of body and then when I got home my entire body was aching. It was obvious I couldn't handle it.
So what happened is I went on unpaid leave for 12 weeks and during that time they would hold my position.
After the 12 weeks were up, we got together and talked and he said that they might have some part time positions available if I'd like to do that. I said yes. I think part time would have worked out. But in the end, he got back to me and said that no, there was not openings for part time, sorry.... yeah, thanks a lot, buddy....
In the end, I had to step down.... They basically didn't "fire" me but they pushed me into leaving, and that was just last month. So I've been actively looking for another job, something I could do at home.... which is definitely not easy to find.
It's getting really hard because now the finances are really getting low and we're struggling.
It's sad because the reason this all happened was because new management took over the office. My boss and HR (the ones who were kind enough to let me work from home) and a few others actually resigned as soon as this new guy came and took over.
My husband thinks they just wanted to get rid of me, maybe because of the illness. There's no reason they couldn't have given me a part time job especially since they offered it and then last minute decided not to. There's no reason I couldn't have worked from home. The guy said it was because he was trying to get more productive and more output. Well, if you'd let me work from home where I'm comfortable and can do my job better, you'd get more output from me there than at work. A lot of things he said just didn't make sense when you thought about it.
So then I realized that, you know, if people resigned (or were made to) when he was brought in as new management, it's obvious something fishy is going on. So even though I'm still upset about them doing this to me, I feel better that I won't have to work for that kind of a person and management.
-------------------- One can never consent to creep when one feels an impulse to soar. ~ Helen Keller
My Lyme Story Posts: 2965 | From Land of Confusion (bitten in KS, moved to PA, now living in MD) | Registered: Jun 2007
| IP: Logged |
posted
From my experience in the business world, I have realized that the question "can my employer fire me for ____" is moot one. If an employer is determined to get rid of a person, they will be gotten rid of.
Posts: 32 | From Massachusetts | Registered: Sep 2007
| IP: Logged |
SLEEPING AT WORK -- MORE OF US ARE DOING IT By Maya Dollarhide - June 10, 2008 CNN.com
STORY HIGHLIGHTS
* Survey: One-third of workers reported falling asleep on the job
* Some companies offer workers a nap room or free fruit
* Tired workers cost $100 billion in lost productivity, health care costs, absenteeism
*.To sleep better, have before-bed routine, cool bedroom, avoid caffeine after lunch
EXCERPTS:
. . .
Serenity now
Recognizing that on-the-job sleepiness can affect the bottom line -- the Sleep Foundation puts the annual cost at $100 billion in lost productivity, health care costs and employee absences, among other factors -- companies are coming up with novel ways to boost employees' energy levels.
Watch how sleep loss can harm the brain (video link)
"You would be surprised how many companies are providing nap rooms," says Sara Mednick, a sleep researcher with a doctorate in psychology from Harvard University and author of "Take a Nap! Change Your Life." "Although it is still somewhat of a stigma for some companies, it's a growing trend."
Maureen Lippe, founder of New York public relations agency Lippe Taylor, doesn't offer just one nap room for her tired employees. She has three. "We call them serenity rooms. I put one on each of the three floors," she says.
Outfitted with large sofas, blankets and comfortable chairs, the rooms are phone- and BlackBerry-free zones. "A lot of people nap in our serenity rooms, even me," Lippe says.
Other companies forgo beds and blankets and focus instead on creating an environment that emphasizes wellness and relaxation, reasoning that such a setting will keep employees refreshed and alert.
OPNET Technologies, a software company with headquarters in Bethesda, Maryland, provides a "Zen computer garden" with plants, Internet access, couches, lounge chairs and other amenities where staff can enjoy downtime.
The Fruit Guys, a San Francisco fruit-delivery company, doesn't have a nap room, but its employees enjoy unlimited fresh fruit.
Mednick says that although meditation, fresh fruit and other healthy benefits are great, naps should be part of the equation.
She encourages companies to create a workplace napping policy. "Napping doesn't have to happen just because you are not getting enough sleep," Mednick says.
"There is often a dip in your body, physically, in the afternoon when your concentration is low, and a nap can increase alertness." Mednick suggests that companies provide dark, isolated rooms where people can stretch out horizontally.
. . .
A 'Band-Aid' solution?
While some people favor napping on the job, others are skeptical.
"I think that napping at work is a Band-Aid solution. It's trendy for companies, it makes it seem like your employer is concerned, but it doesn't really go to the heart of the real problem, which is that people are not getting enough sleep," says Dale Read,
president of the Specialty Sleep Association, a nonprofit trade and industry group representing manufacturers and retailers of air, foam and other types of beds.
Although Read isn't against napping, he compares a 20-minute nap to "drinking a shot of sugar soda" -- it wakes you up in the moment but doesn't equal good nutrition in the long run.
Naiman disagrees. "There is ample data confirming that naps are refreshing, improve mood, enhance performance and lower blood pressure. Naps are an important part of the solution to our sleep-deprived culture.
. . . . - full article at link above.
LifeWire provides original and syndicated lifestyle content to Web publishers. Maya Dollarhide, a Brooklyn-based writer, has written for Yoga+Joyful Living magazine.
The Lyme Disease Network is a non-profit organization funded by individual donations. If you would like to support the Network and the LymeNet system of Web services, please send your donations to:
The
Lyme Disease Network of New Jersey 907 Pebble Creek Court,
Pennington,
NJ08534USA http://www.lymenet.org/
UBBFriend: Email this page to someone!
![[cussing]](graemlins/cussing.gif)
![[shake]](graemlins/shake.gif)
Printer-friendly view of this topic