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Old 07-22-2017, 03:04 PM
 
Location: Passed out on the trail to Hanakapi'ai
1,657 posts, read 4,071,386 times
Reputation: 1324

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A little history. I worked at a large company that went through some lean financial times.
As a contractor, you are always the first to go. I know that, and it's fine.

At one point the company had 81 contractors. Slowly but surely they let them go. When there were about 8 of us left they asked us to work part time. They said they needed to cut costs.
I told them, No. I need to work full time, I had expenses and I couldn't do it.
By the time they were at their worst they were down to 2.5 contractors out of the original 81. (One guy agreed to the 1/2 time)

The company recovered and they hired people back and hired new people.
I had worked at that company for three years. They moved people around in the building and ended up with a crappy chair with no back support. So I went to my manager and told her I needed a special chair due to having minor scoliosis (Its about 5%. Its not a big deal, but no back support can throw my back out. If I throw my back out its minor PT and I can be using a cane for two weeks)

I never got the chair. And two weeks later they let me go. No reason given.
In my exit interview my boss said she was sorry to see me go. I asked why and she explained that to replace me they will have to hire two people. Seems I could handle twice the work of the average contractor.

The timing of asking for a new chair and disclosing my scoliosis with being let go seems more than coincidental.

Can someone in HR tell me if they let me go because of the potential liability?

I ask because I was just diagnosed with 'encapsulated capsulitis'. Which means in about 6 months I'm going to have very limited use of my left arm for about 4-9 months. (Another name is 'frozen shoulder' because your shoulder locks up) Then it will get better.

This is a good company that I enjoy working for. Every year they give me a promotion and a salary bump. This is something that just isnt done for contractors. People have been there for 12 years with no wage increase.

So they like my work. But if I tell them about my encapsulated capsulitis will they let me go?
Is there something in HR where its too high a liability to keep disabled people around?


The ADA does absolutely not protect independent contractors. No 'reasonable accommodation' needs to be made. Its only for employees.
And if I was an employee I'd be on disability for 4-9 months.

Thoughts?

Last edited by Tenzo; 07-22-2017 at 03:15 PM..
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Old 07-22-2017, 03:15 PM
 
Location: Passed out on the trail to Hanakapi'ai
1,657 posts, read 4,071,386 times
Reputation: 1324
Oooops, this should have been in the "Work & Employment" General category.
Mods, please move.

Thanks
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Old 07-22-2017, 05:22 PM
 
12,108 posts, read 23,286,271 times
Reputation: 27241
No one can tell you why you were fired except the people who fired you. Didn't you ask? All you are going to get here is speculation and the usual HR bashers.

We buy special chairs and keyboards for people; it is just part of doing business as far as we are concerned.
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Old 07-25-2017, 05:53 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,585 posts, read 81,206,701 times
Reputation: 57821
Quote:
Originally Posted by joe from dayton View Post
No one can tell you why you were fired except the people who fired you. Didn't you ask? All you are going to get here is speculation and the usual HR bashers.

We buy special chairs and keyboards for people; it is just part of doing business as far as we are concerned.
Same here, for employees. Contractors are required to be able to do all duties of the job and to be there every day, or we ask for someone else. That's the advantage of a contractor to an employer when they don't have the work for a full time permanent employee. They can keep trying until they get the best person they can. Unfortunately, that's the disadvantage of working as a contractor.
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Old 07-25-2017, 09:08 PM
 
13,130 posts, read 21,001,609 times
Reputation: 21410
Just to be clear, you were an independent contractor and not a contracted employee? Did you ever check to see if you were missclassified under the regulations?
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