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Thanks for the advice everyone, his plan is to speak with his ADA counselor and go from there. They kept insisting they want him to stay. His boss called him and asked him to come back to work next Saturday and Sunday, so we really aren't sure WTF this is all about now. If he's such a ****ty employee he has to be suspended why are they asking him to work. I just don't get it. He also feels they are just trying to shake him up or something. Luckily we have savings but this still sucks.
TNFF- I do agree this is being used an excuse, we both feel as if they are making a mountain out of a molehill. Again, I worked in that industry for 5 years, finding dead mice randomly is very common. When my husband returned from work last May all the PI's were so glad he was back, even sent him emails (that he's logged in and forwarded to his other email) saying that they were so glad he's back because his boss and whoever was taking over for him was doing a terrible job.
BTW I don't believe working is a privilege and not a right, my husband has a right to make a living for himself and his family. It's sad that because NOW they found out he has multiple sclerosis (we never tell employers based on the past experiences we've seen our friends deal with) it seems like since he got back end of May he can't do anything right.
My husband feels worst case scenario he will just apply for disability if they let him go, he definitely qualifies for it because he has Multiple Sclerosis and the past year he's had 2 relapses and apparently we now have paperwork from his job saying he couldn't do the job.
He should qualify for short and long term disability before applying for SSDI. It can be a long arduous 24 month process to get SSDI, depending on what state you live. MS is one of those diseases that the symptoms and corresponding disabilities are hard to track. It's the "invisible" illness where you can "look" absolutely fine (been there, done that) and still feel like crap every day. People just don't get it.
Definitely talk to an attorney ASAP. Even if he made mistakes such as missing a dead mouse, I'll take you at your word that this is a normal thing given the nature of the work. The point would be whether they are treating him differently than other employees, not whether he does everything perfectly. I had a case once where the employer tried to justify firing someone because she was late too many times - the employee felt she was being discriminated against as the only female employee in a very male dominated field. I asked the employer for the records on all their other employees and they stated that they didn't keep records on anyone else. Game, set, match, they lost because they had different conditions of employment for her than they had for all of the male employees.
Definitely talk to an attorney ASAP. Even if he made mistakes such as missing a dead mouse, I'll take you at your word that this is a normal thing given the nature of the work. The point would be whether they are treating him differently than other employees, not whether he does everything perfectly. I had a case once where the employer tried to justify firing someone because she was late too many times - the employee felt she was being discriminated against as the only female employee in a very male dominated field. I asked the employer for the records on all their other employees and they stated that they didn't keep records on anyone else. Game, set, match, they lost because they had different conditions of employment for her than they had for all of the male employees.
Game might not be quite over yet. The employer gets to articulate a non-discriminatory business reason for why they treated this employee differently than others. If for example, they are able to show that this employee has a pattern of abuse that other employees have not demonstrated, then it is perfectly acceptable to set more stringent requirements for that employee (i.e. the need to call in, if you're going to be late). A classic example is where an employer asks one employee to provide a doctor's note when they are out sick, but doesn't require it of everyone else. The question becomes, "why the difference in treatment?
It is very benevolent of you to take the OP at her word; however that may not necessarily provide an objective assessment of the problem, and therefore may not be helpful - and may even be misleading. Ïn this case, the burden would be on the employee to show that his mistakes are minor and should be dismissed.
OP;
I feel for you. My mother, rest her soul, succumbed to that dreaded disease.
Yes, get an attorney, contact the ACLU chapter if you have one in your area, and any ADA feasible angle, and do whatever you can to fight.
1} IT IS possible his performance is down. AS mentioned one's performance can vary year to year.AND he DID just spend a lot of time in the last year in the hospital.
2} IT IS possible they are setting him up to fail so they can fire him for those OTHER reasons, not because he is ill.
3} FIND A WAY to replace his income tout suite. You need to do whatever you can IN CASE he IS fired.
4} Find yourself a way to get health insurance that will cover him, as you WILL need it if he loses his, Be glad so called obamacare allows a company can't discriminate against pre-existing conditions.
5} Get him to improve whatever they say he is failing at, so they can't continue to terminate him for those reasons.
The sad reality is they're probably retaliating. Everybody keeps saying get a lawyer. Lawyers are expensive and you'll be fighting an uphill battle to prove anything. Guess you'll have to decide which option is best; seeking new employment, filing, waiting, and hoping he's approved for disability or fighting corporate america.
He should qualify for short and long term disability before applying for SSDI. It can be a long arduous 24 month process to get SSDI, depending on what state you live. MS is one of those diseases that the symptoms and corresponding disabilities are hard to track. It's the "invisible" illness where you can "look" absolutely fine (been there, done that) and still feel like crap every day. People just don't get it.
Write your congressmen. I understand senators can push SSDI through quickly and representatives are ineffective in that sense.
20 years ago I had to have an emergency surgery and was out for 6 weeks - FMLA. I wasn't supposed to go back so soon but I loved my job. They were surprised to see me back so soon and I got a promotion. I had to have a follow up surgery a year later and after 6 weeks I was back again. I made an effort to be the best I could be and got more accommodations, handshakes and congrats than my boss could stand. He went out of his way to make my life hell. He was putting snarky comments in my performance reviews and I had to confront him about it. I basically told him what was what and he stopped.
I worked for a very large and well known university in a TS environment. I changed jobs after a few years as the guy made it all but unbearable. My co-workers were some of the best I ever had; the boss sucked.
Lawyers are expensive and want to be on retainer so you can pay for their new cars. Those cases can drag out for 5 years or so; retainer turns into buying a lawyer. I had enough of the runaround and retired.
Write your congressmen. I understand senators can push SSDI through quickly and representatives are ineffective in that sense.
20 years ago I had to have an emergency surgery and was out for 6 weeks - FMLA. I wasn't supposed to go back so soon but I loved my job. They were surprised to see me back so soon and I got a promotion. I had to have a follow up surgery a year later and after 6 weeks I was back again. I made an effort to be the best I could be and got more accommodations, handshakes and congrats than my boss could stand. He went out of his way to make my life hell. He was putting snarky comments in my performance reviews and I had to confront him about it. I basically told him what was what and he stopped.
I worked for a very large and well known university in a TS environment. I changed jobs after a few years as the guy made it all but unbearable. My co-workers were some of the best I ever had; the boss sucked.
Lawyers are expensive and want to be on retainer so you can pay for their new cars. Those cases can drag out for 5 years or so; retainer turns into buying a lawyer. I had enough of the runaround and retired.
Good luck.
I'm one of the lucky ones, I was approved within 3 months. I think it had a lot to do with my age as well (56). Never had an issue, didn't know I was sick until I fell down a flight of stairs almost 3 years ago.
BTW I don't believe working is a privilege and not a right, my husband has a right to make a living for himself and his family. It's sad that because NOW they found out he has multiple sclerosis (we never tell employers based on the past experiences we've seen our friends deal with) it seems like since he got back end of May he can't do anything right.
I understand where you're coming from but you have to look at it from your employers point of view. They are running a business. The market is full of unemployed younger workers that don't have health issues and can be hired for a smaller salary. No one has the right to expect loyalty in this market. You are privileged if you are hired, and employers will fire you just as fast if something better comes along. I watched our manager get the shaft years before he was ready to retire. I've seen it with a black coworker that was let go because some else wanted their friend to be hired instead. They made up some bogus excuse and fired her even though they knew her husband was out of work. It's just the way it is in this market. No one owes you any special privileges. I decided to quit my job after my manager left because the new manager said that I had to comply with working the 12 hour shifts. My old manager let me slide for a year and a half and I was the only person regularly working the pm shift in the whole hospital. I in turn compromised with a double shift on nights a couple of times a month. It really was all I could physically handle. The new manager wanted me to work one 12 hour shift a week. I respectfully declined and quit. I did not harbor any bad feelings towards her, as a matter of fact we are Facebook buddies and have had some fun conversations. Was I disappointed? Sure. I loved working there. Do I understand her position. Absolutely. It is what it is in this market place. I'm years away from collecting social security but I have prepared as we all should do if the day came that my income would cease. I never expected that any employer owed me a living and chose to be self sufficient in that area. Yes your husband has the right to make a living, but not at the employers expense. We all have to be an asset or we're gone regardless of personal problems.
Game might not be quite over yet. The employer gets to articulate a non-discriminatory business reason for why they treated this employee differently than others. If for example, they are able to show that this employee has a pattern of abuse that other employees have not demonstrated, then it is perfectly acceptable to set more stringent requirements for that employee (i.e. the need to call in, if you're going to be late). A classic example is where an employer asks one employee to provide a doctor's note when they are out sick, but doesn't require it of everyone else. The question becomes, "why the difference in treatment?
It is very benevolent of you to take the OP at her word; however that may not necessarily provide an objective assessment of the problem, and therefore may not be helpful - and may even be misleading. Ïn this case, the burden would be on the employee to show that his mistakes are minor and should be dismissed.
Actually, he doesn't need to prove they are minor, he needs to prove that others make the same mistakes at a comparable rate. If that's true, and they have not been subject to discipline or termination, then he has a strong argument that he is being treated differently from other employees and that the discipline from these mistakes may be a pretext for illegal discrimination due to his disability.
I don't know if that's the case, but it's at least a possibility. Which is why the OP's husband needs to consult with an attorney who can get more details, conduct their own investigation and then determine if there is a valid case and how to proceed.
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