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ADHD smackdown

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unixserv

Junior Member
What is the name of your state? Georgia.

One day after working hard all day (1/26), my recently hired manager accused me of not doing much work for the past two days. He decided that I was suspended without pay for three days.
During my three days I thought about what in the world could have brought him to such a point that he would accuse me of something so ridiculous, I’ve never been accused of this before. I figured out that this had to be the result of resentment he built up because of my numerous questions and frequently importune approach. I recalled many times he said I didn’t focus and wasn’t organized. This all made me revisit a decade and a half old diagnosis of ADD. An online survey result spurred me to set an appointment and find out what I could do.
When I returned to work (2/1), my manager wanted to talk about the benefits of my suspension and I played along. I mentioned that his criticisms reminded me that I had been diagnosed with ADD several years ago and I believe that this is at the root of the current situation. He asked, “you were diagnosed with ADD?” and I confirmed that yes I was. I informed him the next week that I was prescribed medication at my doctor visit (2/7). The next day (2/8), he gave me the written Employee Warning Notice with the false accusation and on the remedy section he wrote, “Suspended three days with no pay. Discussed benefits of suspension. Mentioned medical condition, will seek confirmation.” I asked that this statement not be there because I didn’t feel it was relevant to the accusation and he said he would let me go if it wasn’t there.
On 2/11 I was laid off due to lack of work, though three employees who I am senior to are still working and no one else is laid off.
Is this fair or have I been discriminated against?
 


Beth3

Senior Member
Your manager was free to discipline you for inadequate job performance, regardless of your ADD diagnosis. Among other things, he didn't even know about it at the time. Even if he had, that wouldn't require your employer to allow you to perform under standard levels.

Whether you were discriminated against because you were selected for layoff is unknown. We have no idea on what basis you and others were selected. No laws require that an employer use seniority as the criteria. If the others were better performers, were multi-skilled, were more flexible, etc. then it's legal.

When seniority isn't used to reduce the workforce, it's not uncommon for those with recent disciplinary actions to be the first to go.
 

unixserv

Junior Member
Beth3 said:
Your manager was free to discipline you for inadequate job performance, regardless of your ADD diagnosis. Among other things, he didn't even know about it at the time. Even if he had, that wouldn't require your employer to allow you to perform under standard levels.

Whether you were discriminated against because you were selected for layoff is unknown. We have no idea on what basis you and others were selected. No laws require that an employer use seniority as the criteria. If the others were better performers, were multi-skilled, were more flexible, etc. then it's legal.

When seniority isn't used to reduce the workforce, it's not uncommon for those with recent disciplinary actions to be the first to go.
The manager was not on site more than 30% of the time. Three other people, one a manager, who were in my proximity the entire time have stated that I was singled out and that I did not perform under standard levels but in fact overcame obstacles (not provided needed equipment) to perform at a high level.

No one else was selected and there is no lack of work. I have a strong history of high performance, the proven highest diversity of relevant skills (certifications, training presentations, demonstratable knowledge, higher sales figures than the manager, etc.) in my office and was extremely accommodating. Does the realization of the diagnosis have no legitimate bearing on a retrospective look at the issues involved in his build up of resentment at my importune behavior; the real reason for the discipline? I claim and can prove that the discipline was unwarranted for the reason specified. He even stated that his decision was based on a build up of small issues regarding my communication style; not related to performance.
 

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