quincy
Board Addict
Reged: 11/07/02
Posts: 333
Loc: pacific northwest
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I don't know if this post is in the right section, but I am really scared that I am going to lose my job because of my illness. I was hired here, at a lab in October. Two weeks later I had a miscarriage. It was very early and didn't seem to affect my health beyond the normal pain and stress an early miscarriage causes. Two weeks after that I developed an infection and had to have a D&C to empty part of the retained embryo. I missed a few days of work from that, but recovered quickly. Had the procedure Friday, back at work on Monday. Suddenly after a few days, I started having terrible pains in my legs and back, with tender point pain. I developed huge bruises all over my body with no reason and I felt like I had the flu. My joints ached and I could barely stay awake. After finding nothing on any of my labs, I was referred to a rheumatologist for a diagnosis, which he gave as fibromyalgia, plus ankylosing spondylitis. So after only a month of employment, I had to take a week off. Then it got worse and I had to take more time off. I went to work sick and my co-workers complained that I looked sick and that it "depresssed" them to have to work with me. It took all I had to drag myself to work and I got yelled at when I called in sick! What did they want??! In constant pain, sick from all of the crappy worthless drugs the doc had me on at the time and I could not make it through an 8 hour day without taking a rest. So I told a co-worker I thought I could trust that I was going to lay down for awhile. About five minutes later, my boss stormed in with hell in his eyes. She went and called him behind my back. I got in huge trouble, got wrote up and almost lost my job. Now my boss knew that I was sick, and still does.
Right now I am working 10 hour days, and I just cannot continue. It is wearing me down so much, I am missing out on raising my son. I go to work, can't cook a decent meal, and spend the rest of the night in bed. I have started to fall asleep in my chair at work, I cannot help it. Someone caught me doing that, and Im sure called the boss. Right now I take a nap on my lunch hour-I have to. The problem is my boss went and changed my schedule to where I only have a half an hour and then must float arounf the hospital campus helping out in different clinics. Physically I can't do it, so I complained. I wrote my union and am gong to the doctor in a few days to see if she can write my boss a letter stating that Ihave a chronic disease, and that I need a rest break, especially for 10 hour days. I have heard hints that I am in danger of losing my job and am terrified! Can I get fired because of a chronic disease?
Everyone thinks I just have a bad attitude, and don't want to work. Its not that, its just that I am too tired to pretend to be enthusiastic. I am not that way with patients, however. I dont' know what my boss expects-Im good at my job (lab tech) accurate, good with patients and I am not a fussy, anal type. I just feel like my illness is being overlooked. Plus my boss is listening to gossip and taking it as truth.
I just want to know if legally, they can fire you for this? Aren't they supposed to make any job accessable for people with disablilites? What if I was deaf? or had a heart condition? I bet they would take it seriously then. Im looking for work elsewhere, but I like my job here and the pay is real good. My boss suggested both a medical leave or going to part time, but neither is an option I can afford. Can anyone give me advice on how I should handle this? I dread going to work each day, wondering if its going to be the last day...
Sarah
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baddad56
Enthusiast
Reged: 10/24/02
Posts: 281
Loc: Midwest
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Send these guys an email. Americans with Disabilities Act
I believe that the employer has to make resonable accomadations.
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gdbrmk
Stranger
Reged: 12/11/01
Posts: 23
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hell no.even if you don't belong to a UNION go to aflcio.org
you can find answers and links.fibro is covered underA.D.A.
(with out unions/associations we would just be another third
world country!!
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toky20
Pooh-Bah
Reged: 03/17/02
Posts: 1347
Loc: Windy Place
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I disagree. Since you weren't 'disabled' when they hired you, and made no accommodations upon entry, you are actually an employee with rotten timing and luck. What is your 'disability', and who rated it? Yes, a doctor's letter that you need a break time could help, but it doesn't sound like it's the solution you want.
It sounds like this began within the first month of employment; a lot of places have a 90 day probation period where they can fire you for any reason whatsoever.
If this isn't the case, they can still fire you because they ARE offering you solutions: medical leave and/or part-time work. If you're not capable of doing the job for which you were hired, yes, they can fire you. They can cite tardiness, absences, and lack of productivity (sleeping). It's good you have a union rep to talk to, that's the best step to take.
I wish I had better news, but you are describing something very close to what happened to me at my last place of employment, where I requested part-time work but they said it was full-time or nothing. They knew darn well I was not going to be able to do full-time, so yes, they essentially fired me for being sick, although of course it's not worded that way.
I resigned, instead.
Good luck, Quincy, please keep us posted. PM me if my post was unclear. I wish I had great news for you, but even if you go the 'disability' route, you are setting yourself up for a host of difficulties that will make your workplace at least as tense as it is now.
Toky
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bhamdave
Threadhead
Reged: 01/11/02
Posts: 958
Loc: U.S.A.
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Read this:
Find Law Employees / Employers Rights
http://biz.findlaw.com/states_new.html
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AIDS
It's not YOUR problem (I hope that)
It's not MY problem (I know that)
But it is still OUR problem and WE know that!
Edited by bhamdave (04/30/03 08:25 PM)
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gdbrmk
Stranger
Reged: 12/11/01
Posts: 23
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toky
you have some good points...quincy the answer is some where in
between check out the links and sites that where all
mentioned.quincy hope fully you are registered voter
contact your state rep..the dept of labor as an agency
called J.A.N(job accomadations network) i am know attorney
just a "foot soilder in the war on corporate greed"
best of luck to you,god bless...and do your 'homework"
research,research,research
gar
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robnanna
Journeyman
Reged: 04/01/03
Posts: 74
Loc: North Carolina
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I'm sorry to say, but I had something like this happen except worse. I had to go to the doctor, which was approved. I told my boss that I may have to have surgery on endometriosis and that I would call him from the office to tell how the visit went. Well the visit went worse than expected and I was rushed to have emergency surgery. I did call and let him know everything that was going on and he said ok, good luck. I was only going to be out of work for two weeks and I had already worked there for a year. Well on the day before I was scheduled to come back to work he called to say that they were firing me. I called the labor board, and they said that now employers are able to fire without cause. Good luck, sweety.
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Live life to the fullest extent...but how do you get past the pain?
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needinfo
Enthusiast
Reged: 03/19/03
Posts: 259
Loc: South East USA
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Right Post, BadDad.
ADA is Federal Law and is pretty broad when it comes to all things related.
GL&TC.
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The older I get the more I NEEDINFO.
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gdbrmk
Stranger
Reged: 12/11/01
Posts: 23
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hi all,
i am not trying to get into a pissing contest over this
issue,all i am saying is your condition(disability) has to be covered under the a.d.a. Law. examples:stroke,chronic
pain(fibro)...robnanna I really feel for you,but your
condition is not covered under the a.d.a. and as far as calling the labor dept if don't have a union or are not
covered under a law such as the a.d.a....you can be fired at will.................by now any one following this post
knows i am union guy not a thug or a gangster just a family
man with 3 kids and a great wife!
good nite and good luck i will not respond or post to this thread again i was only trying to help.
gar
p.s.AMERICA REALLY WORKS BEST WHEN THE WORKING CLASS SAYS
UNION YES
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quincy
Board Addict
Reged: 11/07/02
Posts: 333
Loc: pacific northwest
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Thank you all for the info. I am going to remind my employers about ADA. I talked to my boss last week, and he basically does not like me. I am a good worker, but I have issues. I have a chronic condition, I am a single mother, and I have court issues with a custody battle, all which force me to take time off of work. I try not to call in sick-I haven't in awhile.
I think that part of it is my illness, and part of it is my boss listening to gossip, and petty tattle tales. I float around as a lab tech to different offices, and one office manager hates me all of a sudden. She calls my boss daily complaining about everything from my dress, my shoes, drinking coffee, the phone- etc. She put down a bunch of petty rules...like I cannot mingle with her office staff or wander through the office. Stupid stuff. She has already ran off two great lab techs from my company who could not stand to work there. When I asked to be removed, I was denied and I complained and wrote a letter to the union. My boss didn't like that. Also, one of my co-workers must really have it in for me because he/she as been reporting that I take 2 and 3 hour naps (I take a 1hour lunch break nap) that I leave early, have a bad attittude, etc. Apperently my boss beleives them. I wrote him a really kiss-Best if kept off the board letter along with the letter from my Dr. explaining that I needed the one hour rest period. I haven't heard back yet. I appologized for my "resentfulness" at the situation with the office manager who is still tormenting me. I don't mean it, but I need this job, and I guess I'll have to bite the bullet and kiss-up-somthing I hate to do. But I can't help feeling that I am on the verge of being let go. In our chat on Friday, he mentioned me staying on "long-term" as if I didn't want to. I just need a break from 10 hour days. I don't know what will happen. I know that today my boss and the office manager met and words were exchanged, but I don't know what was said. Hopefully, I will know tommorrow. And I will definetly check into the ADA and into our unions policy.
Sarah
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damienboy
Newbie
Reged: 11/17/02
Posts: 25
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I feel for you Sarah. Suggestion? Apply for disability. You sure have enough wrong with you to be unable to work. I have no idea how well situated you are in the finacial area but if you can, get a lawyer and let him handle everything. Sometimes it could take up to a year or more to get approved but there's plenty of good lawyers who specialize in just that field who could get you approved in a few months. I'm telling you this from experience. I was getting panic attacks if rated on a scale from one to ten, I was a twelve. Either I did something about it or I was going to get real sick so I had a choice to make. Left a Best if kept off the board good job too but nothings worth your health. This lawyer I hired got me on in 4 months with no rejections at all. Cost me a grand when it was over but it certainly was worth it. As for that snitch, I would find a way to set her up and I'm not an evil guy but she sounds like a real bitch. I wish you the best and hope everything turns out well.
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Do you know what channel your on today?
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damienboy
Newbie
Reged: 11/17/02
Posts: 25
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Replying to myself. There's a sentence in my reply that I didn't write. (a Best if kept off the board?) Haven't a clue where that came from and I haven't taken my meds yet! 
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Do you know what channel your on today?
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537
Threadhead
Reged: 12/08/01
Posts: 771
Loc: west coast CA
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"Best if kept off the board" is a phrase that replaces swears or inappropriate words.
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quincy
Board Addict
Reged: 11/07/02
Posts: 333
Loc: pacific northwest
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I wish I could afford a lawyer. Jeez, today I just got a pay or vacate notice from my landlord, since I was sick and didn't get a full paycheck. I don't get paid a real check until the 16th, so I hope to God they will hold on that long. Then it looks like I will be out of a job and a home. I just think that this disease has basically ruined my life. It is costing me my job, thus lowering my income, which in turn makes paying rent on time hard, not to mention all of the other bills. I don't think I can take much more. Oh yeah- It also cost me a boyfriend and takes time away from my son. And my moronic rheumatologist says not to let this illness take charge of your life- "take charge of your illness." Well, maybe he can pay the rent when I am too sick to go to work and miss out on money. God I don't know what I am going to do. And I am almost out of meds....Panic is starting to set in. This is not a good time for me-everything in my life has gone to hell.
Sorry- Im just venting and need support from my DB friends. Thanks for all of the advice. Now if someone could just come and help me get my life together! 
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sara43
Member
Reged: 05/14/02
Posts: 196
Loc: Mississippi
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Hi talk to your landlord or manager and tell them you don't get paid until the 16th. The landlord or manager needs to know so just let them know and hopefully you have a understanding one! just let them know cause they have no clue unless you tell them!! sara43 
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quincy
Board Addict
Reged: 11/07/02
Posts: 333
Loc: pacific northwest
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Sara43;
I just got word that the landlord will wait for payday-thank God! That means I will be broke for another month, but its better than being homeless. Also Rather good news...I have been transfered from the office from hell and am being transferred to a new medical office. Pray these people are nice and won't get on my behind! I think my boss got sick of the office managers attitude and said-OK well I guess you don't need a lab person if you constantly keep running them off! So he said I could walk out and move to the other office. They are much more relaxed, and I have a better schedule- no more 10 hour days, which was the whole problem in the first place! Now if everything else will just work itself out...
Sarah
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P_Lane
Enthusiast
Reged: 10/24/02
Posts: 283
Loc: TEXAS-MID-CITIES
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Hey, Just short and sweet: I have the same disease!!! 3 years for me. I know and feel your pain, hang in there, it gets worse than better I KNOW!
Take care and when your body is telling you something do it!
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Sometimes what your looking for is right where you left it!
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sara43
Member
Reged: 05/14/02
Posts: 196
Loc: Mississippi
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hi, I am glad you are not getting kicked out of your apartment! I also am glad you got moved to a different office hopefully it will be better!!
sara43
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Anglwink
Veteran
Reged: 04/29/03
Posts: 605
Loc: East coast
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Let me help a little here. Get your phone book out and go to the yellow pages for a Social Security Disability lawyer. The majority of the ss lawyers do not take their fee UNTIL YOU ARE APPROVED. then they will take a certain percentage. I was lucky. After working at a job for 5 years (with a lot of traveling) and working long hours, my disability (bi-polar depression since I was 13) got the best of me. I was just ready to get on a plane for yet another trip and I had what I thought to be a heart attack. It was a panic attack...needless to say I had a nervous breakdown 2 weeks after that. I went on state temporary disability that lasted 6 months, In the 5th month of disability, I received a letter that I was being terminated! I called the labor board in my state, and they said that after 12 weeks, it is not illeagal for them to do that. Well, acually that was for the best, because after my 120 days pf temp disability ended I applied and received unemployment benefits. At my Drs. urging, at that time I applied for SSD since I knew that it would probably take at least a year to see any results. I applied in April and I was APRROVED IN AUGUST of the same year! 4 months, that is like unheard of! I didn't need a lawyer, but like I said, MOST will not take any monies from you until you are approved. So please, do yourself a favor and get your phone book out. Goog Luck, my prayers are with you! Anglwink
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"Believe"
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