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Multiple Sclerosis Community
Who works for disabilities in AR-lori/aryiona
by lorettagrace, Nov 28, 2008 09:27PM
I was just recently fired from my job after 9 years...after being diagnosed with ms in july! What can I do about this?
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Wlecome to this forum - can you fill in a few more details about being fired? If it was based on your having MS, that is in direct violation of the ADA laws if I understand them. We have a great member, LBradley, who is well versed in diability laws. She may not be around this weekend but she will definitely be checking in. She should be able to help with some more information.
Until then, be well,
Lulu
IT’S THE LAW
Understanding the American with Disabilities Act a publication of United Spinal Association. This is a very good downloadable 32 pg. document.
UNDERSTANDING ADA pub of United Spinal Assoc.
www.unitedspinal.org/pdf/understanding_the_ada.pdf
1)Were you employed by the local, federal or state government? If so, which state?
2)If you were employed in the private sector, how large was the company? Did it employee 100 employee's or 5,000 + employee's? Was this a national, international or locally owned company?
3)Did have any written verbal or written warnings? If so, did they follow the company policy (in your employee handbook) concerning any disciplinary action?
4)Did you ever contact the HR dept about any issues concerning your job?
5)Did over extend your sick/annual leave time? If so, how many times? Did you follow company procedure for calling in sick and requesting time off?
6)Do you have any written letters or emails from the employer that refer to your disability? Do you have copies of Dr. excuses from each Dr.' s appt?
7)Did you ever make a request for any job accommodations?
Since you are no longer with the company, it will be very hard to prove discrimination.....unless you have documentation, documentation from your doctors written to your employer concerning your needs/limitations or witness's willing to speak up about seeing the discrimination directed towards you.
At this point, your best thing to do is contact Disability Right in your state and request to speak to an advocate that deals with discrimination in the workplace. The advocate will take down your information and will forward to the lawyers who specialize in discrimination in the workplace.
The next step, contact the labor board and file a complaint with them. They will also inform you of the laws, such as is your state a "right to work state".
If you were working for a state agency and you have followed the policy& procedures of your job, contacted HR, have documentation from both Dr's and the employer...you might have a chance at a discrimination law suit.
**The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. This law makes several significant changes, including changes to the definition of the term "disability,"
In your case, you would fall under the 2008 Disabilities Act of 2008 laws.
To protect yourself you need to keep a journal of your daily work activities, any conversations with management, use a small voice recorder to record any meetings with supervisors or management ( keep it hidden in your pocket - Sony has a mini recorder that records 140 hours, and the files can be downloaded to your home computer - it is $35.00 + tax), document any past incidences with your employer even if you don't know the date, keep exact times of breaks and lunch break, time you arrived at work and the time you left.
If you have any written warnings, were you given a copy and it is your option to sign it and you are allowed to write a rebuttal to go along with the write up.
Have you provided your employer a letter from the doctor indicating what your limitations are, such as the maximum amount of weight you are allowed to pickup, how long you can stand. Have you requested job accommodations?
Read all the questions in the post to lorettagrace because they also apply to you. You need to contact you HR dept file a grievance, call Disability Rights in your state.
I 'm assuming you are still employed, it is your right to file paper work for the Family Medical leave Act - I will post the forms for you. Fill the paperwork out from Dec 1, 2008 to Dec 31, 2008. You don't have to be off work to file FMLA paperwork, but what it does is protect your job if you have to be off (even if it's one day) this if you have no sick/annual leave time. As of Jan1, 2009 refill out the paperwork for the whole year. Also ask your HR dept if you have catastrophic leave and what are the requirements.
Correspond with your supervisor through email if you work at a computer, such I'm taking my 15 min break, do the same when you return, do it for lunch breaks, and for question that might would have usually asked in person. It doesn't matter if they reply, then go to your sent file within the email and make a folder of every email you have sent...then send it to your personal email address. Don't forget to back to the sent file and delete the email you sent to your self and any personal emails.
Make sure there is no person information on your computer. Go to program manager (if you are using windows) right click on on properties, a box will open click the view button..I believe it is at the bottom of the box- this will show you small boxes of old trash on your computer. Place a check mark next to each box that a number next to it. If you have never done this clean up it might take awhile. Then click ok.
This is a cleanup that everyone should do on their computers weekly or monthly. If you have downloaded any programs - Call me and I will will walk you thru a full clean up.
I'm telling you this because they will do anything to discredit you. So start now getting your files/computer free of anything that is not business.
*** Watch who you talk to at work about your problems!
Keep excellent records/recordings of all conversations and this will make your case stronger. There is no charge if the Disability Rights lawyers take your case.
Contact your ADA person. If you work in the private sector the ADA person will be a state employee, I personally would call the Governor's Office and ask to speak to someone on the Governor's Commission. Most all Governor's have a commission that take complaints from the public...if you are state and have ever had any problems you should see changes quickly. At least it happens that way in AR. I know this is alot- so send me a private email if you want more information or not sure what I told you to do with cleaning of the computer. It's a basic clean up-nothing illegal.
Lori
The MS Forum health page was created by Lulu to inform everyone with a disability of their rights, agencies (local and national) and to help inform you of what is available. Everyone needs to read this page, and if you find a new resource...PLEASE, PLEASE, PLEASE post it.
For people with disabilities.....their is no one to tell you what is available. We all have to keep helping each other and there are alot of non-profits and state agencies that receive Federal Money each year for this purpose.
Remember you have to become your own Advocate when you a disability.
Thanks Lulu for creating this page you have done us all a great service by getting it started. I will post the Family Medical Leave Act forms today.
Lori
I wanted to welcome you also, and let you know we are glad you found us.
I look forward to talking to you and hearing more about what is happening with you.
Take Care,
doni
I have spoke with my mngr., she appears to be very cool about everything, states I am an excellant employee and wants to do wverything possible to keep me working.
I am a respiratory therapist, I was working 12hr shifts, for anyone that doesnt know what a Respiratory Therapist does heres a little info. We work in every dept in the hopital, er icu, surgery, recovery, out pt surgery, endo, radiology, as well as all the pts floors. Luckily the hospital I work in is a small 175 bed hospital, we see alot of pts in the er, so its alot of going from up on the floors down to the er. Were reaching the busy time of year where we become so busy we barely have time to use the bathroom. We have to respond to every stat call in the hospital. I have learned that when I get a chance to stay with a pt during thier breathing treatments I can sit for about 5mins.
I worked yesterday for 8hrs, took the 300mg of gabapentin, it helped some, I didnt bring the med to work with me so it had wore off 1 1/2hr before my shift was up. My feet hurt (pins and needles and burning when I stand still). I do know that I will be able to increase the dose. I'm going to wait for instructions from my neuro, before I do that.
The only accomidations I have asked for is 8hr shifts instead of 12hr. They have a 8hr therapist there everyday, they are just our prn therapist versus full time therapist. I have spoke with my mngr to let her know I will be flexible, come in and work 7-4, 11-7 or whatever would work best for the whole dept. as the work load increases. She is seems very willing to work with me.
I guess I'm thinking I need to wait and see what HR does after they receive my disability papers from the dr. Hopefully all will work out well
You might ask one of the Physical Therapist what types of stretching and exercises you do to help keep down your tone (spasms) and if they have any ideas as to how to make your job easier. I think everything will work out for the best and if they continue to give you problems....ask your doctor to call the hospital administrator.
(PS) Don't hold it...go to the bathroom. All that stagnant urine sitting in your bladder just causes UTI's. I had to get a letter for job saying that I had to go to the bathroom frequently. I have currently had a UTI for over 1 month and and the Dr.'s can't seem to cure it. I'm sure you don't want to be working with a patient and have an accident. It's really embarrassing...i know from experience unfortunately.
Lori
I have been terminated already.
I was off for a broken collar bone-had to have 2 surgeries..while I was off I was diagnosed with the ms. Well, word got around about that-not from me. In july I went to HR and told them I had to have another surgery on collarbone..asked HR if I should come back to work in July or go ahead and have the 2nd surgery....it wasn't healed properly-doctor said it could re-break in a week or a year..but I needed to have the steel plate put in at some point.
HR called the main HR guy in TN-he said to go ahead and have the surgery-things were slow and by policy I could have 2 yrs off....so I went ahead and scheduled surgery.
Had surgery in August. On November 7th I went to the Dr and he said "One month of physical therapy..then ok to go back to work" I called HR and told her that my return date was for Dec7th....she said that was a Sunday, but she would see me Monday the 8th....I said okay. Two weeks later I got a LETTER(pretty tacky, huh?) saying I had been put on terminated status for extending my Leave time.
This was a Saturday....I called her at home...all upset and asked her what happened to the 2yrs her and Pete said I could have.....She didn't remember that conversation. I asked her how she could forget @ us talking to Pete on conference call....she said all she remembered was us talking to Pete @ a 90 day leave. I asked her why I would be in her office after being off 9 months. She gave me his # in TN to call him.
When I called him he said he was under the impression that I had worked there longer...policy says if your there over. 15yrs you can have 2yrs off. Well, where he works in TN-they have been opened that long...but our AR fascility has only been there 11yrs.I told him this...he said all he knew was that I worked there when he started 8yrs ago.
None of this makes any sence....all I can think of is word got out @ me having MS and they don't want to deal with it. They hear MS and think I'm fixing to be walking@ with a walker tomorrow. My mom told a few people that I was diagnosed....small town.. that was all it took. I never went to HR and told them anything. Didn't have a reason to, really I wasn't even back at work yet.
Pete did say that my HR had been in touch with me and advised me I needed to return to work.....that never happened. I called her as I left Dr.'s office on November 7th--she said "See u on the 8th"
I was shocked when I got the letter...they had told me 2 yrs. Thought about calling the main place in IL---but my husband works here also. Don't want any retaliation against him.....covered up retaliation, of course! But we got kids to raise and support.....I can't even draw unemployment after being off 1yr for broken collar bone.....it's all a dirty mess! I never seen it coming!! I believed them. Some of my co-workers told me they thought policy was only 1 year--but I counted on HR to know more @ it than anyone else.
So...knowing more @ this than I....what would u do?? The place in AR employs 125people...we have other branches that are bigger. I had worked there over 9 yrs. I am 33yrs old...so that place is @ all I know. I was not in any kind of trouble at all whan I left..no write-ups or anything. Thanks1
Loretta,
Since you live in the state of Arkansas, I might can help you. I sent you a private email. Please call me at work on Monday.
Lori