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Old 10-24-2015, 10:08 AM
 
Location: broke leftist craphole Illizuela
10,326 posts, read 17,359,171 times
Reputation: 20327

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Quote:
Originally Posted by fishbrains View Post
I have a few thoughts, mostly only tangentially relevant.

It is quite possible for an employee to be exemplary one year, and terrible the next.
Sometimes but more often when an employee gets great reviews year after year and then gets terrible ones it tends to be a case where the manager is trying to get rid of them for personal or financial reasons especially if the employee gets a new manager.

 
Old 10-24-2015, 10:22 AM
 
Location: broke leftist craphole Illizuela
10,326 posts, read 17,359,171 times
Reputation: 20327
We had a really nasty case here in Chicago where teachers at a school who got pregnant suddenly got negative reviews and fired. I imagine that will cost CPS a lot of money to settle.
 
Old 10-24-2015, 10:44 AM
 
1,858 posts, read 3,093,176 times
Reputation: 4238
OP acknowledges there are performance deficiencies, but minimizes them by saying her husband apologizes and says he'll do better; the mistakes are no different than the ones others make; claims that since the mistakes weren't found until her he and had been out for a month, they can't pin them on her husband; or points out something irrelevant the manager did. None of this matters.

To me, all of these rationalization so suggest the University may be justified in their actions. When addressing the problem, they must determine whether it is a performance issue (which would be addressed through a performance improvement plan) or conduct issue (which would be addressed through disciplinary means). Since their choice was to suspend him, it appears they think your husband is being willfully noncompliant.

I am not sure how his disability factors in. He was granted his FMLA entitlement. Employers are not required to lower their standards in order to accommodate an employee's disability. The only argument he could make is that he is being treated differently from similarly situated non-disabled individuals. In doing so, he would have to articulate how others have exhibited the exact same behaviors at your husband, but we're dealt with differently. Remember, the circumstances have to be exactly the same often they are not. OP hasn't given us enough information to help sort out whether that is the case or not.
 
Old 10-24-2015, 11:07 AM
 
1,153 posts, read 1,042,696 times
Reputation: 4358
That's really sad. One of the large builders that my company subs for just had a guy out with cancer for a year and a week while he did chemotherapy and all the associated medical activities with that. The guy looks 10 years older, but he's a good hard worker and energetic again (after working out those kinks and stretching a bit)

We all make minor mistakes. They are also always corrected. Even when people make major mistakes...those get corrected too, and we learn from them. People matter and you don't just get rid of what should be a company's most valuable asset (it's people) for light or petty reasons. It's hard to see why your "dh" was treated so poorly.
 
Old 10-24-2015, 12:01 PM
 
Location: Brentwood, Tennessee
49,932 posts, read 59,662,538 times
Reputation: 98359
Quote:
Originally Posted by dmills View Post
OP acknowledges there are performance deficiencies, but minimizes them by saying her husband apologizes and says he'll do better; the mistakes are no different than the ones others make; claims that since the mistakes weren't found until her he and had been out for a month, they can't pin them on her husband; or points out something irrelevant the manager did. None of this matters.

To me, all of these rationalization so suggest the University may be justified in their actions.
That's what I thought as well.

It's easy to be shocked when you only see the situation from YOUR POV.
 
Old 10-24-2015, 01:48 PM
 
399 posts, read 405,056 times
Reputation: 1480
Your husband wouldn't be having these issues if he wasn't making those mistakes, however minor you claim them to be. Seems to me that the easiest and most effective solution is for him to stop making mistakes.
 
Old 10-24-2015, 02:22 PM
 
12,654 posts, read 8,875,450 times
Reputation: 34610
There are significant regulations that cover the care and treatment of lab animals, with recent Congressional interest even in rats and mice. If anything happens to the animals, the university faces significant risks for investigations, losing their license to maintain the animals, which then ties into experimental programs and major research dollars.

It's just not something they can afford mistakes in. I'm not saying they are or are not discriminating against your husband; only that performance issues in the care and treatment of lab animals would be an easy one for them to use.
 
Old 10-24-2015, 02:46 PM
 
Location: Central IL
20,726 posts, read 16,237,058 times
Reputation: 50368
Quote:
Originally Posted by tnff View Post
There are significant regulations that cover the care and treatment of lab animals, with recent Congressional interest even in rats and mice. If anything happens to the animals, the university faces significant risks for investigations, losing their license to maintain the animals, which then ties into experimental programs and major research dollars.

It's just not something they can afford mistakes in. I'm not saying they are or are not discriminating against your husband; only that performance issues in the care and treatment of lab animals would be an easy one for them to use.
That may be...but in thinking about another industries which supposedly have very rigorous regulations and inspections - NURSING HOMES and FOOD SERVICE - you can see for yourself the online ratings and the many, many violations that occur with countless chances to fix them...and the worst they see is a fine here or there. VERY RARELY are they shut down and those are for truly egregious violations like someone dying. So in theory and on paper the university may be very much at risk, clutching their pearls and all, but in reality they probably just need an excuse to get rid of someone costing a lot on healthcare costs.
 
Old 10-24-2015, 02:46 PM
 
2,845 posts, read 5,995,571 times
Reputation: 3749
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.
 
Old 10-24-2015, 03:50 PM
 
Location: Denver, Colorado
544 posts, read 1,436,551 times
Reputation: 605
I have MS too. Terrified of anyone at work finding out. People don't get how badly people with disabilities are actually treated by their employers.

http://www.nationalmssociety.org/Nat...le-with-MS.pdf

It's even worse if you're trying to find a job. There are accommodating employers out there but few and far between.

I worked with a girl 20 years who had MS. She was admin assistant to a bank VP. When she was off sick from MS, a girl I worked with who had to cover for her would always B**** and complain that she wasn't that sick...that was long before I had issues and was diagnosed.

Get an attorney.
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