Wrongful Termination !Please Help!

[iblaine]

Hello All,

I apologize for posting this in support as well as my story I just need 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

 

[Jennifer]

A lawyer would be able to help you with any questions you may have so I'd start there. Unfortunately I don't know any lawyers over there but I'd at least start calling around and asking them if they do these types of cases, how many they have done and won and if they don't, do they know of anyone you could contact. IBD is covered as a legit disability under the Americans with Disabilities Act (ADA) so you cannot be terminated because of your disability.

From the ADA:

"a physical or mental impairment that substantially limits one or more major life activities of such individual"

"a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions." http://www.crohnsforum.com/wiki/Disability-and-Crohns-USA

 

[GutlessWonder86]

Call CCFA. You are protected by the Disability Act of 1990. They can NOT fire you due to your illness. Call their main HQ in NY city. Ask to speak to someone there for information on wrongful termination due to Crohn's.

I had the boss from hell too and was written up due to my having a DVT in my leg. I worked in the OB dept. at a local hospital and I was an inpt. there!! My female boss was a witch and wrote me up stating that I wasn't performing up to par even though months before I got a good review. Go figure.

Anyway, if you go to CCFA.org. you will find tons of information. Also, find a local CCFA chapter where you are. See if you can talk to some of their members. There may be one who is a lawyer or a legal expert in what you are going through or someone who went through what you are going through and can guide you on what to do. That is what I did and it really helped talking to folks who were in the same situation I was. I had a lawyer from my local chapter tell me what to do and I managed to get a transfer to another dept. where it was much better.

Seriously, call the local CCFA chapter and national. good luck.

PS: be sure to document EVERYTHING your boss told you and keep copies of everything he sends to you so you have proof.

 

[GutlessWonder86]

here is the information to save you time. Don't know where in CT you live so I copied everything they listed.

Connecticut Chapter

P.O. Box 34
New London, CT 06320

Mary Beth Fecteau
Community Development Manager
Phone: 646-499-0159
E-Mail: [email protected]

Craig Comins
New England Regional Director
Phone: 1-800-314-3459 x 13
E-Mail: [email protected]

Kristin Armstrong
Regional Education & Support Manager
Phone: 1-800-314-3459 x 21
E-Mail: [email protected]

Danielle Whittaker
Endurance Manager, Team Challenge
Phone: 646-464-0907
E-Mail: [email protected]

 

[GutlessWonder86]

Fairfield/Westchester Chapter

CCFA - Fairfield/ Westchester
200 Bloomingdale Road, 2nd Floor
White Plains, NY 10605
Phone: (914) 328-2874
Fax: (914) 328-2946
E-mail: [email protected]

Serving Fairfield County Connecticut & Westchester, Rockland, Putnam, Dutchess & Orange Counties New York

Russell P. Girolamo, Jr.
Board President

Jeff Love
Endurance Manager - Team Challenge
[email protected]
(914) 328 - 2874 Ext. 1

Daniel Vincent Marinoni
Administrative Coordinator
[email protected]
(914) 328 - 2874 Ext. 4

Jennifer Paley
Executive Director
[email protected]
(914) 328 - 2874 Ext. 2

Sergio Seijas
Regional Education and Support Manager
[email protected]
(914) 328 - 2874 Ext. 7141

Wendi Silverman
Walk Manager - Take Steps
[email protected]
(914) 328 - 2874 Ext. 3



HERE IS NATIONAL'S NUMBER IN NY CITY TOLL FREE:

Phone: 800-932-2423

PS: talk to an attorney after talking to someone at CCFA. even though the labor board said one's not needed, still talk to a lawyer. I don't trust your boss or the owner of the company. If they are anything like my ex boss, they will be out to screw you. Be prepared ahead of time. The law is on YOUR SIDE.

 

[GutlessWonder86]

http://www.ebosswatch.com/


Rate your boss. Nobody should have to work with a jerk. I rated my ex boss so nobody has to work with her. It's done anonymously and anyone applying for your old job can look up the name of the company and company head to see what others have to say about them.

 

[AndiGirl]

This isn't about a patient with CD, but it should help.

http://msactivism.org/2010/11/30/me...lace-and-the-americans-with-disabilities-act/

 

[toml99]

I am furious about this. This is ridiculous and it isn't how we, as a "caring" societry, are supposed to treat people. The whole point of the ADA was to give us protection against jerks. Go get'm, iblaine!

 

[Kev]

Same thing happened to me. I went to a number of lawyers; but was getting very mixed messages about the chances of winning a better settlement than my company offered me. One outfit was absolutely certain that, if I fought it.. with their help.. on a contingency basis, they could win a much larger payout from my employer. This was the sole lawyer who was CONVINCED that fighting was a guaranteed windfall. I thought about it a while. In the end, I decided that it would be best for me to concentrate my resources on Crohns and fighting it; rather than using my time N energy to punish my old boss. So, I took the company settlement, and got on with my life N fighting Crohns.
Well, time passed... and the lawyer who assured me that fighting was my best choice was charged with stealing/with-holding settlement money from his clients, and had his license taken away. He is currently before the courts facing criminal charges stemming from what he was doing behind the scenes. I've often thought that, if I had listened to him AND fought; how much time/energy (that I didn't have to spare) I might have spent in pursuit of a payoff that he apparently had no intention of splitting with me anyway. I don't know if your circumstances are similar; if your employer is offering a settlement or not. If not, you've nothing to lose. If there is an offer; then weigh it carefully before making any decisions. And consult with a lawyer (or several) before doing anything, OK?

 

[Thalesin]

I worked over 5 years for my last employer. Scored high on every review I was given. I have been diagnosed with CD from age 24. Every time I tried to address this with my Employer I was given run around told they wanted medical documentation. I informed them that NH law requires the employer to bear the burden and cost of obtaining any medical related items and as it cost money to obtain records from hospital, I gave them full permission to obtain said records. They did not follow through and never obtained records and continued to not even discuss reasonable accommodations I was trying to ask for. This all came to head on February 2nd when on a overnight scheduled at work by myself I collapsed and was taken to the hospital. The er was a can of worms that still needs to be addressed but one step at time. I was forced at hospital to give a urine test for controled substances and tested clean. Went back to work next day and worked 3 more weeks until I was terminated for "Controled substance - policy violation" again I had and still can test clean for any illegal or controled substances. During the 3 weeks prior to me firing my employer demanded medical forms related to incident in order to return to work. After several trips back to hospital I got a simple return to work from doctor. But at this point they also had the er medical report and my file which lists CD as a past medical history. I applied for unemployment and my employer still tried to have me denied benefits. My case worker told them that my urine test was clean at time of incident and therefore no proof and my firing was basically unjust. My former employer is now appealing it (appointment on 16th for hearing), but am at my wits end and I feel that my employer had a strong role to play in agravating my condtion and also may have run afoul with ADA issues as I never even missed a day off from work except twice both of which I was extreamly ill. Any thoughts?

 

[Ya noy]

I don't really have any advice, but wanted to wish you the best of luck in pursuing your suit. Please remember that the ADA only applies to employers with 15 or more employees, so as long as you weren't working for an extremely small company, hopefully you should have a good shot.

I wish you all the best

 

[nogutsnoglory]

This is horrible and I hope you will be able to rectify the situation. They are in their right to fire you if they can make the case that you were unable to fulfill the obligations of the job. ADA only states they need to give reasonable accommodations. This is vague but coming in a little later as long as you get your work done is reasonable.

Did you document your disability with HR? Print out any email exchanges about your illness with staff. You need a paper trail to back up your case.

 

[Thalesin]

I only asked for really 3 accommodations A set schedule (after I had proven myself after a year) then my rights to health insurance by working forty hours+ a week on regular basis. Lastly a little consideration when was having bodily issues and not act like I am making it up. I told them I would give permission to get my medical records. The Laws in NH states that an employer must pay any related medical expense when it pertained to work and records cost money, my finale "return to work "note cost me 345$.

 

[mickey]

previously having run an H.R. and Legal Department, I can tell you that MANY people try to use ADA as their ace card; thinking that it covers any and all issues they may have. It does not. As an employer, there were quite a few staff members who would literally say, "you can't do anything about it; I am covered by ADA." I would remind them that they still have to comply with the rules/regs relating thereto. This caused much employee dissention when they saw ADA employees trying to be desceptive. Not all, but there were quite a few and what a waste of time for all parties.

It was a shame that so many ruin it for others by acting as though they are owed by their employer. An employer also has the responsibility to treat each employee fairly and try to assume the employee's innocence of not abusing the system before terminating an employee. It is a tough situation for both parties. As employees we have to remember we are at a company to perform a service and get paid and are now owed a job...as an employer they have to remember that employees may have complications that may temporarily cause issues in their employment.

I would suggest reading the ADA rules/regs and highlighting where the employer missed following it and how it relates to your employee handbook. It can be tricky. While an employer is trying to be sure the work gets done and make accomodations possible, they still have to follow the law. Make sure they did and contact a lawyer if you think otherwise.

I am not taking either side, but trying to highlight that employers also have their issues. And, as an employee, we have to understand the ADA guidelines to know how it benefits employment. Not an easy thing when you are getting ill sporadically and remission does not happen overnight.

 

[Ya noy]

I only asked for really 3 accommodations A set schedule (after I had proven myself after a year) then my rights to health insurance by working forty hours+ a week on regular basis. Lastly a little consideration when was having bodily issues and not act like I am making it up. I told them I would give permission to get my medical records. The Laws in NH states that an employer must pay any related medical expense when it pertained to work and records cost money, my finale "return to work "note cost me 345$.

The laws regarding ADA are very tricky. Having worked in personnel, and addressing each one of the accommodations you requested,

1. Granting permission to obtain medical records. That wouldn't be considered an accommodation unless they asked you to provide your medical records, and you told them that you would give permission for them to obtain them, providing they paid the cost, but that you were not willing to pay the cost yourself, which they would have no reasonable right to expect from you anyway. The question on this one is whether you have any documentation to show as evidence?

2. Set schedule. Whether that would be considered reasonable depends on what type of industry you work in, and what position you held. In a service related industry/position, that might not be a reasonable request if staffing needs fluctuate and/or they are unable to grant the same to other employees who hold similar positions, and/or there are no set schedule positions available.

For example, it wouldn't be reasonable for an employer to allow 1 person to take the day shift, Monday through Friday, when others are required to work evenings, weekends, and holidays. Or if they are not able to offer a set schedule to others. It would not be fair to the rest of the employees, who, at minimum, would develop very hard feelings, that would effect their job performance, creating a disruption in the workplace.

3. Health Insurance. That's a tricky one. Businesses with less than 50 employees are not actually required to provide insurance, and even businesses that are required to provide insurance, well only to employees who are considered permanent and full time. Businesses have been getting around that one for years by having employees punch out for 1/2 hour lunch breaks, and then only work 37.5 hours, and not the required 40 to be considered full time, or by reducing their hours for part of the year, and then claiming they're not actually permanent, full time employees. Or by hiring through temp. agencies. Some businesses may even elect to pay the penalties rather than offer any insurance, if the tax penalty is the cheaper option.

Please don't take any of this to mean I agree with any of these business tactics, because I don't.

You shouldn't have a problem winning your case for unemployment, but making an ADA case may be more difficult, but I sincerely hope you prevail.