Employers

[xoxava]

employers

Any advice on what I could about an employer who is discriminating against me bc she found out about my crohns??

 

[rottengut91]

Exactly what is she doing? I'm sure there definitely is something you could do legally. Other than contacting an attorney for your options, I'm betting someone will know.

 

[xoxava]

She is not letting me work scheduled shifts and saying I am unreliable and making me look bad infront of a client when I have never missed a day of work without advance notice and medical documentation. She's really pissing me off!!!

 

[Cat-a-Tonic]

Document everything you can - make copies for yourself of voicemails, emails, memos, etc. Write down dates & times and specifically what she says. If she's really harassing you, you'll need as much evidence as you can get if you decide to take any kind of action against her.

In the meantime, is there a human resources department you can talk to about this situation? I know the job market is crap right now but you may want to start looking for a new job.

 

[xoxava]

Yeah I've already started looking! I told her today I was taking time off bc I couldn't take her treating me that way anymore. Thought she would be understanding esp when she has a son with disabilities!!! But not sure about HOUR. She owns her own business so I'm not sure who to contact.

 

[Lisa]

She is not letting you work...what is she telling you? Not to show up for work?

Document, document, document....there could be grounds for libel/slander.....

Not sure what field you are in, but do you have any type of employee assistance organization?

 

[rottengut91]

Hey maybe some anonymous brownies to the ole boss, do they still make chocolate exlax? Just a thought.

 

[glum chump]

My human rights work has been in the Canadian context, but talking to a friend of mine, she said that in the American context, there are federal and state laws prohibiting discrimination in the workplace due to disability. Here are a few pieces of information I gleaned from her:

Any charges need to be filed with six months from when the discriminatory incident(s) took place;

Based on disability, an employer has to make "reasonable accommodation" of your disabilities around issues of accessibility (physical worksite), modification of work schedule, job restructuring, providing additional unpaid leave, etc.;

Discrimination can include employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals with disabilities.

To file a complaint or find out more information, there is a 1-800 number to call: 1-800-669-4000. This number, apparently, is for queries and information on federal laws.

Hope this helps!

 

[TMos]

How many employee's does your employer have? That's probably going to have the biggest effect on what your options are. You'd really need to talk to an attorney though.

Is it like a daycare for handicapped kids? I'm not sure what a paraprofessional is.

You also have to understand your employer's point of view. She probably has everything she owns wrapped up in her business and doesn't want it to fail. Some people have a hard time dealing with the risk and responsibility and turn, well, bitchy.

 

[Babs1957]

I'm really sorry this is happening to you. It sucks that we have little to no protection under US employment laws.

Employment laws in the US generally favor the employer. Even though you've given your boss advanced notice and medical excuses for absences, she obviously feels she can't rely on you. Employers, especially in small businesses, count on their employees to be at work.

I'm guessing this is a small business. Too bad, because FMLA is only available to employees who work for companies with 50 or more employees.

Regarding reasonable accommodation, flexibility is built into the reasonable accommodation obligation under the ADA for the employer. For example:

1. employers can choose among effective accommodation options and do not always have to provide the requested accommodation,

2. employers do not have to provide accommodations that pose an undue hardship,

3. employers do not have to provide as reasonable accommodations personal use items needed in accomplishing daily activities both on and off the job,

4. employers do not have to make an accommodation for an individual who is not otherwise qualified for a position, and

5. employers do not have to remove essential functions, create new jobs, or lower production standards as an accommodation.

Reality is that some jobs require an employee's physical presence at specific hours. Alternate hours and working from home are often not an option and there is no 'reasonable accommodation' for that.

Check to see if NC is an employment-at-will state, which gives the employer the right to fire an employer for any legal reason.

Unfortunately, it is up to the employee to prove that the firing was illegal - it is rare that they are illegal. Cruel, immoral, unethical perhaps, but not illegal. Unless you can get an attorney to take your case on contingency, it is very expensive to retain one to fight these types of cases.

Good luck!

 

[Jessica]

Babs covered a lot of what I would've posted. Just make sure to document everything, like everyone else is saying. You might not think that you would press charges or turn this into a big issue. But, when you do, you don't want to be left empty-handed.

I wish you luck. This is something I've had to deal with partly in the past. Definitely not a good feeling. Keep your head up!