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I think I was wrongfuly fired and discriminated against in MD Maryland

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  • I think I was wrongfuly fired and discriminated against in MD Maryland

    I have hep c I got it from a blood transfusion I am a hemophiliac got hep c as a child.I started getting sick the virus went active again my employer new a had hep c I went out for a week with doctors notes I was in a supervisory position at the company.So I decided to go on treatment.The company new that I might go on treatment.Well after I came back after that week for the doctors to asses how bad the liver damage was they demoted me saying that people where afraid of how they could catch hep c also that I was bieng mean to people under me. 3 mounths before that my review said that I was doing a great job not to change a thing.Well decided to go on treatment I asked for the diability forms and was told by HR that there was no way a doctor would fill them out.Well treatment for hep c proved almost fatal in my case my white blood counts droped and was hospitalised 3 times for infections.Also on top of being a hemophiliac my platelet counts droped dangerously low and I stated to hemorage.I was not given the propper forms until about a mounth into treatment and was admited into the hospital and I was getting points for all the time I was missing at this company you have to give 48 hours notice before calling out or you get points for the first day then if you have a doctors note the rest of the days are point free but I was so sick 48 hour notice was just impossible for me to give.The doctors filled out the forms for me and I got on dissability my treatment lasted for 6 mounths but was told that after 3 mounths that I had to come back to work or that they could not hold my job so my doctor released me to go back to work on light duty and I went back I had 3 more mounths of treatment to go.Well they expected me to go back at it full swing and I was still sereously sick I could not and was still missing alot of time my manager told me as long as I showed up he could exuse the points if I left early.Well then I found out that treatment also caused pancreatitis and gallbladder trouble I was in sereouse pain most of the time.so my platlet count low bieng a hemophiliac I cant just be cut on which is what the doc told me had to happen surgery.It has to planed out mounths in advance.So still sick and I was keeping my employer informed of what was going on they said the same thing just show up if you dont feel well you can leave with no points.Then about a week ago I had a coversation with my manager and told him that the work was getting to me I was having a hard time standing for 8 hours he said that people where starting rumers about me also he told me he would try to find a place they could put me other than the area I was in to help me out but that the company could not keep me on the payroll if I could not do the job.When I came back to work the next monday I was fired and told there was no where else to put me and that I could not do my job.They are saying that I told them I would not do my job but I never told them that I told them it was getting difficult and felt bad because I was leaving early alot and I was not able to perform like I used to I was told not to worry but then I was fired!!!!Now I have lost benifits and can not get the surgery I absoluty need pancreatitis can cause death I am only 34 years old!!!!!!!I have a wife and four children THIS IS NOT FAIR can someone give me advice on what I can do legally?

  • #2
    I'm sorry to hear that you are having such serious health problems.

    You are entitled to 12 weeks of unpaid leave (disability is how you get paid while you are on this leave) per year with job protection under the Family and Medical Leave Act if all of the following are true:

    1. You've worked for the employer for more than one year.
    2. You've worked more than 1250 hours in the past year.
    3. The employer has 50 or more employees within 75 miles of your job site.

    It sounds like the employer gave you the 12 weeks to which you are entitled.

    The next question is whether a reasonable accommodation under the Americans with Disabilities Act would have helped you to keep your job. It's possible that moving to a position with less standing might have helped. Additional leave might have helped, although it's not always considered to be a reasonable accommodation (the goal of ADA is to keep people on the job, not on leave). The best thing we can suggest is probably to contact the EEOC to determine whether or not your rights under ADA have been violated.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Even under the ADA they (your employer) are only required to give you a reasonable accommodation & one that does not work a hardship on the employer & other employees. It seems you were terminated & told there was no place else to put you. They don't have to make up a job for you when none is available. Also, even with an accommodation, you have to be able to do your job & leaving early, taking days off & not being able to do your job like you used to could be a hardship to the employer.

      However, you can certainly run it by the EEOC & let them investigate.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        I have a copy of the ADA act

        Actualy the act states and I qoite
        A qualified employee or applicant with a disability is an individual who,with or without reasonable accommodations, can perform the essential functions of the job in question. Reasonable accomodation may include, but is not limited to:

        -Making exsisting facilities used by employees readily accessible to and usable by persons with disabilities.
        -Job restructuring, modifying work schedules, reasighnment to a vacant position.
        -Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

        Comment


        • #5
          The accommodations you list have to be reasonable & not a hardship to the employer though. For example modifying a work schedule can/may be a reasonable accommodation such as allowing time off from work but after a certain period of time, it can/may become a hardship to the employer. What you list *may* be a reasonable accommodation but also may not be.
          ---------
          & you still have to be able to perform the essential functions of your job "satisfactorily" with or w/o an accommodation.

          Talk to the EEOC.

          I did want to add that I wish you well with your medical problems.
          Last edited by Betty3; 03-01-2009, 07:57 PM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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