ADD and Termination

[McOwnage]

What is the name of your state?What is the name of your state? CA

1st my Employer knows I have ADD.
2nd my Supervisor knows I have ADD.
3rd my Team Leader Knows I have ADD.

Here are the symptoms I have
Lack of focus
Disorganization
Restlessness
Difficulty finishing projects (sometimes)
Prioritizing.

Here is what was put on my termination Letter

"(my name), among the core competencies required for your position are: Priority Setting, Timely Decision Making, Time Management, and Customer Focus. As noted above, these are areas that you continue to struggle with; requiring constant supervision of your daily assignments. As a result, we have concluded that this position is not a job fit for you. Therefore, we are terminating your employment, effective today, February 23, 2005."

Also I felt like an outcast by my peers, and team leader, which I told my supervisor 2 times, and it did not stop. Everyone (including the Temps we sometimes have) had a flexible schedule my "flexible schedule" was 8am to 4:30pm I asked many times if I could come in occasionally from 6am to 2:30pm, 7am to 3:30pm, 9am to 5:30pm or 10am to 6:30pm at. All I got was "Well let’s see."

Is there anything I can do to make sure this does not happen to others with ADD at my former employer?

 

[cbg]

No, there isn't. You can't affect what they do to other employees.

Regardless of how many people know you have ADD, even under the ADA you still have to be able to perform the essential duties of your position, with or without a reasonable accomodation. A reasonable accomodation is one that will allow you to perform those duties. I am not unfamiliar with ADD and I can't see how working a flexible schedule would help you with the duties you have listed. If, for example, your ADD makes it difficult for you to prioritize and your job involves prioritizing, how is working a different schedule going to change that? You're still going to have to prioritize, regardless of what hours you work.

The employer is not required to give you the accomodation you want.

And if there is no reasonable accomodation that will allow you to perform the essential functions of your position, and there is no other open position for which you are qualified, your employer is allowed to terminate you.

 

[McOwnage]

No, there isn't. You can't affect what they do to other employees.

Regardless of how many people know you have ADD, even under the ADA you still have to be able to perform the essential duties of your position, with or without a reasonable accomodation. A reasonable accomodation is one that will allow you to perform those duties. I am not unfamiliar with ADD and I can't see how working a flexible schedule would help you with the duties you have listed. If, for example, your ADD makes it difficult for you to prioritize and your job involves prioritizing, how is working a different schedule going to change that? You're still going to have to prioritize, regardless of what hours you work.

The employer is not required to give you the accomodation you want.

And if there is no reasonable accomodation that will allow you to perform the essential functions of your position, and there is no other open position for which you are qualified, your employer is allowed to terminate you.

Hmm I was wondering so basicly your telling me that ADA has no issue here?

on http://www.usdoj.gov/crt/ada/q&aeng02.htm they have Q&A's one being
Q. What are some of the accommodations applicants and employees may need?

A. Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that o effectiveness, i.e., whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

I would ALSO like to say that prioritizing is part of my disability I can prioritize but sometimes it slips. I can and have Functuioned there for the last 14 months all this started when a "new" Supervisor was hired. because the old one transfered (bother the old and new knows I have ADD)

 

[rmet4nzkx]

Did you actually request ADA accommodations?

 

[cbg]

Restructuring a job does not have to include the removal of any essential functions; nor does it mean arbitrarily changing schedules. You have provided no evidence that putting you on a flexible schedule (which is NOT what restructuring a job means) would do anything to help you perform the essential functions of the job.

I was using prioritizing as an example, but since you ask, if your job requires you to be able to prioritize, that doesn't mean that as long as you can do it some of the time means you're in the clear. If you can't do it as the job requires, and if there is no accomodation that will allow it, the employer does not have to leave you in the job.

You seem to be under the impression that having ADD means you don't have to do anything that's difficult for you and that the employer has to accept a lesser standard from you than he would from other employees. That is not the case.

I have no idea whether your employer did everything they could do, or even what they were required to do. What I am telling you is that there is nothing in your post that indicates your employer has violated the ADA. If you have more details as to what you think they should have done and how it would have helped you do your job that you would like to supply, I'd be happy to look further.