Can I be fired because of a disability even though I've done nothing wrong?

[taracat]

What is the name of your state?What is the name of your state?
My state is Pennsylvania.

I decided to inform my new manager at the retail store where I work that I have fibromyalgia and sometimes I am hampered by various symptoms that come and go. I handed him a list of symptoms from a web page on Fibromyalgia so that he could understand why I don't always perform like a well olied machine {whick is what he seems to expect}.

He shoved the paper aside saying,"What's this, I don't need this". When I asked a second time that he look at it, he asked,"Should you be working? We can't have you falling over out there?" I told him I must keep working and can as per my Dr., but I just wanted him to be aware of my problems. He was very negative and confrontational and walked away before I had a chance to have my say.

Is this the proper way to treat an employee who is just trying to be honest?

Can I be let go even though I have nothing negative on my work record? I am very confused as to my rights in this matter.

Please give me some insight or info on where I can find information on just how he can treat me.

Thanks

 

[cbg]

Having a disability does not excuse you from performing to standard. Insisting that he take and look at a list of your symptoms was not even close to the best way to handle the situation.

ANY employee, including those with disabilities, need to be able to perform the essential functions of the position with or without a reasonable accomodation. What is considered reasonable varies with the employer and the position.

If you need an accomodation in order to perform your duties, the correct way to handle it is not to force a list of your symptoms on your manager, but to sit down with him at a time that has been agreed upon, explain the need for an accomodation under the ADA, and engage in an interactive process with him to determine what kind of accomodation will allow you to perform your duties. He does not have to give you the accomodation you want or even the one that your doctor recommends; only one that will work.

Once that accomodation is in place, you are responsible for seeing that you perform up to the same standard as an employee who is not disabled. They are NOT required to allow a lower standard of work and they are NOT required to allow you to violate tardiness or attendance policies (unless such are specifically included in your accomodation).

Also, he cannot discriminate against you because of any qualifying disability, but that doesn't mean he has to be happy about it.

 

[taracat]

You suggested that I needed to participate in an interactive process with my boss. I tried to talk to him several times prior to asking, not demanding, that he look at my symptoms. I thought if it were there in black and white he might read them out of just curiosity. He is extremely unapproachable and consistently walks away without engaging in any interaction at all. He just doesn't want to be bothered. He walked out of the office while I was still trying to talk to him this time. How can I keep him from doing the same again?

As for my work standard, as stated, I have a higher standard and loyalty to the company after 8 years than most of the people who come and go. I have a great customer relations reputation, and have never had anything negative entered into my record. Shouldn't I be afforded a bit more respect?

As for accommodations, as per a Dr.'s excuse, the only thing I need is a stool handy to rest my buttocks on for short periods of time during the day. This allows me to perform at my best.

Just where do I go from here except for performing at my best possible level?

Taracat

 

[cbg]

I still think you are taking the wrong tactic. Clearly it is not working, in any case.

He doesn't need a list of your symptoms. That's irrelevant to an ADA request in any case. What he needs is to know what kind of help you need in order to get your work done. Your symptoms don't give him that information. That comes across as a plea for sympathy and/or leniancy whether you intended it that way or not. If all you need is a stool, tell him that. Don't go all around Robin Hood's barn to explain what symptoms you have making a stool necessary. That's irrelevant to the problem.

If he absolutely refuses to listen to you, perhaps you should be talking to someone in HR instead. They'd have to be involved eventually in any case. If you don't have an HR department, talk to your boss's boss. If your boss is the owner and there is no one over him, come back here for more suggestions.

Certainly every employee deserves respect. But what you describe as disrespect is not illegal.

I'm not saying that you will never have any recourse. But you have not even begun the process you need to go through before you will have enough to go outside the internal process.

It is incumbent on YOU to make it clear that you are not asking for sympathy; you are asking for a reasonable accomodation as is your right under the Americans with Disabilities Act. For the record, just knowing that you have such a condition is NOT enough to put the employer on notice that you need accomodation; in fact, HR managers are taught that to assume an accomodation is needed without being asked for one can be seen as discrimination right there. ("How dare you assume I can't do my job without help?" etc.)

BTW, the ADA ONLY is applicable if your employer has 15 employees or more. (You do have some recourse available at the state level if there are 4 or more employees.)

Start with this, and let me know what else you need.

 

[taracat]

Hmmmmmm..........I'm afraid in my posts I wasn't able to make things clear to you. I already have a stool which came along with me from another store where nobody had a problem with it. This is the only thing I need.

I transferred to this store a few months ago because it is 15 miles closer to my home. There was a change of managers just recently, and one day my fibro fog clicked in and it took me a few seconds longer {and I mean just seconds} than usual to come up with the number I needed to open the drawer for this new manager. He embarrased me in front of a customer and another employee by loudly saying, "Come on, what's the matter with you? You have a customer waiting". Because of his overreaction to this small incident, I thought it was a good idea to inform him of my situation to avoid future problems. Fibromyalgia is not something that is easily explained, so I thought the list was a good tool to enable him to know what situations might arise with me. I knew he would never give me the time to speak.

I am a self supporting 63 year old lady who has worked full time for 43 years, and I remember when jobs were fun to go to and employees were treated with respect. For 20 of those years I was a supervisor with a region of anywhere from 50 to 60 stores for a company that treated its employees well. Things sure have changed!!!!!!!!!!!!!!!!!!!!!!!

Thanks,
Taracat

 

[TamaraL]

I'm not a lawyer, far from it so feel free to delete this if it is inappropriate, but i was in a similar situation that you are in now. I wish i had gone to HR with my problem. As it was, when i was let go for IBS no one but my manager had knowledge of it. Afterwards, as my HR representative was helping me to my car with 2 boxes full of things evicted from it's desk, she told me if i had just come to her things likely would have been totally different.

 

[cbg]

Tamara, I remember your post and unfortunately that's probably true.

taracat, the fact remains that trying to force this information on him is not doing the job. What you might want to try, however, is taking that information to HR and see whether or not they can see if they can ease things for you.

 

[taracat]

Thanks to both of you. I will contact HR if things get worse.

I did ask my boss for the name and number of the HR person, and his answer was, "What's that? I don't knnow what you're talking about". I had to ask twice before he gave me than information. I did not know it because when I changed stores, I moved to a different division.

I'll let you know how things proceed.

Thanks,

Taracat