Wrongful Termination Please Help!

[iblaine]

Hello All,

I am looking for all the help I can get, I'll start from the beginning.

Over one year ago I was diagnosed with salmonella poisoning, which was so bad it gave my ulcerative colitis, ever since then I have had all kinds of stomach issues mainly pain and severe diarrhea. My Dr. had me go through an MRI and the week of the 30th I received the horrible news that I had Crohns disease, I had a flare up that week as well and I was unable to go into work until that Friday, June 3rd, which I had a Dr.'s excuse for those days, and still was given a warning for my "absences" prior to this warning I told everyone at my workplace (supervisor, coworkers, and the owner of the company), all verbally,that I had Crohns disease, the owner actually sat down and reassured me that I would be OK and the medicines will help. That following Monday I had another flare up and I called into work saying, "I will be into work an hour or two late, but I'm not exactly sure", due to the fact that I do not know when the pain will subside or when I will stop going to the bathroom. I received a call at 11:30 (which I was asleep, because it is the only way I can deal with the pain) from my supervisor telling me to call in before I came into the office, so I did and she informed me that i was terminated and they were going to send me my paycheck and insurance info if I was going to keep the insurance. I immediately called unemployment and scheduled a hearing, the owner of the company contested the unemployment, saying that he never knew I had Crohns and this was the first time he heard of it. I ended up losing the case and I am in process of appealing. I also filed a complaint to the labor board of CT, which they said I probably will not need a lawyer. Basically I want to know if I'm heading in the right direction and if anyone new a good lawyer to speak to or if I should contact any other state officials or departments. Reason being I devoted all my time working way more then 40 hrs a week, and way under payed and I want him too pay for what he has done to me. Please any advice is greatly appreciated I am completely exhausted mentally and physically from this fiasco. Thank You.

iblaine

 

[David]

While I don't have any advice, I just wanted to welcome you to the forum and say that I hope you're able to get this settled in as beneficial way you can. Take care and good luck!

 

[RFarmer]

When I read that title, I immediately thought of execution. :S

I actually have no sound, adult advice, because I'm not a sound adult... But I wanted to welcome you It sucks that money is such a big issue for us Crohnie's. Without this disease I'd travel the world, and sleep in a tent. 'Cept I have to pay damn medical bills >

Anyways, nice to meet you! Good luck with your appeal!

 

[xJillx]

I wish I had some advice for you, but I sadly don't. However, this is just wrong. It's too bad you did have anything in writing (email or text message perhaps?) that could prove your employers were aware of your diagnosis.

You mentioned you can still keep your insurance you had though your employer? For how long? This will be needed; unfortunately, Crohn's isn't cheap to treat. I sure hope you can find justice.

 

[LOSTnut]

Wow, that sure sounds familiar and I am sorry that they treated you that way.

Here's what I did -- so far:
Here in AZ we have something called the Lawyer Referral Service where they put you in contact with a lawyer specialized in the field that you need. It cost $35 and you get 1/2 hour to talk to that lawyer, present your case and get info whether you have a case or what steps to take.
Since I was hired and the employer knew that I had Crohn's at that point I went to the EEOC for Disability Discrimination. I filed a complaint and am waiting on the form that I will have to sign and send back for the EEOC to start an investigation. However, the EEOC told me from the get-go that MY chances are pretty low because there hasn't been another case where somebody was sick for a long time and retained as opposed to be terminated. I was told that I was pretty much a precedent but for the wrong side, meaning that all the employees now have to watch out and not get sick because they could get fired based on my experience.
The other thing you might want to check out is FMLA rules and how they apply to your company. Mine was too small and I didn't work there 12 months, therefore I was SOL on that issue.

Hope that helps a bit -- good luck and go get them, especially when the bastards just let you go (like me) without any severance or 2 week notice and the paycheck coming with it.