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View Full Version : IL-Fired for placenta previa-company would not accomodate


tmstandish
02-22-2006, 01:51 PM
I worked at Blockbuster video and was diagnosed with placenta previa. I asked to work sitting down to accommodate doctor directive. I was fired. I know I'm entitled to back pay as well as what would be covered under the medical insurance. I filed a claim and it is in with the Dept of Labor. Is there anything else I would be legally entitled to?

ElleMD
02-22-2006, 02:03 PM
Whoa! Lots of details missing that make a huge difference.

1. Are there 50 employees within a 75 mile radius, have you worked there 12 months and at least 1250 hours?

2. Was being alllowed to sit throughout the remainder of your pregnancy feasible and are other employees with temporary medical conditions allowed to do so? Did you provide medical documentation of this request?

3. Did you take COBRA coverage? Was it offered?

4. Is there any other reason aside from your medical condition that could have caused or been a reason for your termination? What reason was given?

Start there.

tmstandish
02-22-2006, 02:13 PM
There are more than 50 employees within 50 mile radius. I only worked there for one month. There are no other employees with any type of accomodations. I presented a memo stating my doctor's request. I offered to supply my medical records or submit to a physician of their choosing. Only verbal issuance of termination and reason being I could not sit down. I followed with a letter (handed directly with witnesses) stating how happy I was that they liked the job I did, that I would like to continue, and asked them to reconsider termination due to medical condition. No reply was given to letter.

ElleMD
02-22-2006, 04:03 PM
Unfortunately, given your short tenure there, your employer was not obligated to offer you leave or other consideration. No law mandates that an employer offer light duty and the only one that even comes close to requiring them to reasonably accommodate you does not apply to temporary conditions.

I'm not sure where you are getting that they are responsible for your medical bills from here on out, but that is false. Were you offered COBRA? How long ago were you terminated? When did your benefits run out?

tmstandish
02-22-2006, 06:43 PM
Thanks for the perspective. The Illinois Department of Human Rights stated on the phone to me that it was descrimination due to pregnancy and found that they should have made reasonable accomodations. I could have performed the job just as well on a stool as I did standing in front of a register. It is through their information that I found out I was entitled to back pay and medical that would have kicked in had I remained employed. I was interested in knowing if civil damages could be sought, but I'm pretty confused considering your commentary conflicts with what I was told.
Thanks though for trying to help.

cbg
02-23-2006, 06:11 AM
Then they must be looking at a state law because it would not qualify under the only Federal law that requires accomodations.

ElleMD
02-23-2006, 07:39 AM
You can not be treated differently due to pregnancy, but you are not afforded any special accommodations because you are pregnant either. I'm just guessing but perhaps whomever you spoke with felt that the accommodation you sought was so minor that the only reason not to grant it was pregnancy discrimination. I don't know. A lot of this is fact specific and depends on whether others are accommodated this way, if there was a stool or chair that would have allowed you to sit and still perform your job, and a host of other issues. For example, are you as cashier also required to perform any other job functions such as stocking shelves, accompanying customers throughout the store, light cleaning, or other tasks that can not be done while sitting? Exempting you from those tasks may not have been reasonable.

Since you have conflicting opinions, and the one that matters way more than the free advice you get on the internet tells you you have a case, I'd at least consult with a lawyer in your area. Most will do a free initial consultation. Truly only someone with all the details and who knows the courts in your area can give you a good idea what to expect.

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