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My DH has been at his job for 4 years, before that he worked at another company doing the same thing for 6 years. He moved to this company because the pay and benefits are better.
My DH also has multiple sclerosis and unfortunately earlier this year he had a very bad relapse and was hospitalized. He was out for ten weeks before returning to work. Then last week he had another minor relapse and was out for the week and returned this past Monday.
Today when I got home he showed me a piece of paper from his work, basically saying he's been suspended and listing the reasons why. The reasons why we're basically for small minor "mistakes" (that EVERYONE makes I worked in that field for 5 years, it's nothing major). My DH is always trying to please his boss so anytime he made a mistake he'd apologize and say he'd be more careful and they'd move forward. When he was out sick he was so sad to miss work, and was honestly shocked at this. He said nothing when they gave him the paper and basically left.
He did tell me ever since he's been back they have been on his case a lot, that he feels they have nit picked him while others have done terrible mistakes and haven't gotten more than a slap on the wrist. BTW this suspension is without pay, which is really hurting us considering all the medical bills we have had to deal with this year and so on...
I think we should speak to a lawyer because I think they are trying to find excuses to fire him, he thinks everything will be fine when he returns. I told him I doubt that considering if he was doing my that badly why haven't they given him some type of performance improvement plan vs just a suspension without pay?
Btw when I say mistakes, he works with animals, which he loves. He has thousands of animals to take care of (mice) and apparently they found a dead mouse he missed more than once this year. Mice die all the time and it's not always noticed right away... He does health checks only once per day, heck I'd do a health check once per day and then the next day find a dead mouse. It happens!
We think he's being retaliated against because he told me he feels his work performance hasn't changed but that since he's been back he's being treated differently. I'm terrified if we lose his income and benefits we are screwed. Yes I work but we love in a HCOLA.
What do you think we should do? He has already taken steps to be more careful but apparently it's not good enough for them.
I assume that your husband is on FMLA, so he cannot be fired for missing work. However, he can be disciplined or fired for poor performance discovered when he is out. Sounds like his company is trying to be shady.
I suspect that he is also covered by ADA as a protected class.
How to proceed would be best covered with a labour lawyer. Not just any lawyer, but one specializing in ADA, FMLA issues.
Definitely, based on what fishbrains has said.
It looks like they are setting to build a case against him, and maybe others too for all you know. Sounds like the place is having financial woes.
He works for one of the top public universities in the country, it's definitely not financial issues. I think his boss is pissed that he's been out, which is terrible considering she had wrist surgery months ago and was out for at least 2 months.
He has a disabled services counselor, I am very sure she has no clue what is going on. Though she works for the University so I guess she's not really a help to us... I will be calling her Monday and asking her if she thinks that a person who is in a protected class should be treated this way? Then I will be calling the National MS society and asking for recommendations for a lawyer, and then after speaking with that lawyer will ask them if they think a phone call to the EEOC is in order. Because I am so sure that this is all retaliation for him missing work for 11 weeks out of this year. How do you go from ZERO problems in 3 years to all of a sudden being a terrible performer? The first time he returned, they had a list of things he did "wrong" that they "found" while he was out, but the things that were wrong were all found WEEKS after he'd been gone and by that time there were at least 3 different people who had been doing his job and then my husband argued how can they say he made those mistakes when he was already out for a month by then? Since then it was all quiet and he thought things were totally fine, and then apparently they have documented issues from September and October according to the paperwork we gave them. Just because my DH is an agreeable person now he's become an easy target it seems. He told me he was so shocked at this meeting he felt if he tried to defend himself they'd basically be saying he was hostile.
What really irks me is this woman, his boss, brought in puppies from outside that were ILL and euthanized them at work, and when an employee reported her all SHE got was a slap on the wrist! But my husband does something that is not a big deal and now all of a sudden it's a huge issue and he's suspended without pay?
BTW my husband has been asking for a transfer for 2 months apparently and he's been ignored. There are multiple facilities at the university, I have a hard time believing he can't be transferred.
I'm so stressed out I can't even sleep. *sigh* All the while I'm having to tell my husband don't stress out because stress is bad for his MS!
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. That is why reviews are annual. I have seen people crash and burn, and have done so myself. It is usually because of some non-work stress, such as marital problems or ill health. I am not saying your husbands performance has tanked, just that people in general can swing from great to gruesome.
Transfers are not usually simple, even in universities. The manager in charge of whatever division has the right to hire/accept a transfer, or deny it. I have also been a manager at a large university or two (you would easily recognize the names), and any time I had an opening transfers would be presented to me by HR along with applicants from outside. I always hired the best candidate, and that was not always the internal transfer.
Don't get bosses behavior mixed up with your husbands issues. There may or may not be disciplinary action against the manager for her actions, that is not at all relevant to your husbands case. Drop it.
Is your husband unionized? Have you asked for union representation?
I would have your lawyer write a letter to university HR asking whether or not proper procedures were followed prior to suspension. You may be able to get this overturned if it gets bumped up to a higher level, as legal contact often is.
He's in a union, get in touch with the union ASAP. They might have workplace conflict or dispute resolution/mediation available. Make sure you know what your husband's obligations are to the employer, and make sure that you know the employer's obligations. Point out discrimination if you believe that's the case, early and often, don't be cowed into silence. File a grievance if there are grounds.
Location: Stuck on the East Coast, hoping to head West
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FMLA covers 12 weeks in a 12 month period. Has he missed more than that?
Regarding ADA: " Employers aren't required to provide a reasonable accommodation that would create an undue hardship: significant difficulty or expense for the employer, considering its size and resources.
Some courts have found that an employee who needs a significant amount of time off work isn't qualified for the job -- and, therefore, isn't entitled to the protections of the ADA. "
Something very similar happened to my friend's husband. He was in upper management and on chemo for cancer. He was given a termination letter until they found out that he was on chemo. They placed him on short term disability and that expired. He was supposed to be on long term disability but there is a snag somewhere in the process. Now he has no job and no insurance. They have hired an attorney but there are no guarantees. If you live in a state that allows anyone to be fired for anything at any time like ours does then it's an uphill battle. If you do manage to keep your job your employer can make your life miserable so you'll want to quit. My friend's husband feels like he's been black balled because he hired an attorney. There was a management position that opened up where I used to work that he applied for. He was never called for an interview even though the new medical director knew him and knew that he had applied for the job. If you hire an attorney, file a grievance, and stir the pot you risk being labeled a trouble maker. If you do nothing you risk being unemployed. I think I would just start looking for another job. Working is a privilege not a right. If an employer decides that you no longer fit their needs then it's time to move on whether it's fair or not.
As far as the "phone call to the EEOC", I would not even bother asking, or making the call. As a former EEOC program manager for the government (my particular agency), I can tell you that the EEOC takes an enormous amount of time to even GET to a well-documented, written case file. That is after the complaint having gone up the proper chain of authority. By that time your husband could already have been out of work for quite a while. BTW, if you are going to take any type of legal approach to the situation, you want to ensure that all aspects have been documented to the nth degree. And, the more impartial, factual evidence you have, the better. BTDT re: investigating many EEO cases.
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