Discrimination or not?

[els]

What is the name of your state (only U.S. law)? Wisconsin

I worked as a RN in a large hospital for 12 years as a float nurse, no benefits but great pay. I caught Lyme Disease last summer and became paralyzed from the Lyme bacteria in my spine. When my LOA ran out I was still in a wheelchair recovering and couldn't do my job as a floor nurse. My job fired me stating I had no more LOA and couldn't physically work. Since then people have been asking me if I'm going to sue, including my bankruptcy lawyer. They are all surprised when I tell them no. I don't think I'd have a case since I couldn't physically perform my duties, besides being in a wheelchair I had horrible tremors, memory problems, lots of pain and on many meds including narcotics. I couldn't apply for unemployment because you have to look for work to get paid, so I went on disability. Like I said, I don't think I'd have a case to sue, but others do, what is your opinion on this matter?

 

[Ozark_Sophist]

Have you applied for disability?

The ADAAA requires employers to individual evaluate an employee's request for reasonable accommodations. If you did not request an accommodation, there is nothing at this point to file a complaint about. A reasonable accommodation in you circumstances may not have been possible given your professional ethical obligations. Even a job transfer to a position suitable to your current needs may not have been possible, particularly if you have or are looking at filing for disability (a different position with less pay would lower future disability income, for example.)

 

[swalsh411]

Here's the bottom line.Is there "reasonable accommodation" that would allow you to perform your job? If not then your employer can legally fire you.

 

[commentator]

Most people in our country really don't know how bad it could get for someone who is unable to work due to health issues untl it happens to them. Once the required mandatory Leave of Absence through FMLA is over (twelve weeks) they can and will fire you with no legal repercussions. If you had been injured on the job and become paralyzed, the situation might have been different. It's not really surprizing that even your attorney wouldn't know this. Most people assume that the health care and disability sytem in this country is much more protective and adequate than it is. No, you cannot receive unempoyment benefits if you are out of work due to health reasons and unable to work without restrictions. .

We assume that your disability was your social security disability. This is about the best alternative for you right now. Hope your recovery continues.

 

[las365]

What is the name of your state (only U.S. law)? Wisconsin

I worked as a RN in a large hospital for 12 years as a float nurse, no benefits but great pay. I caught Lyme Disease last summer and became paralyzed from the Lyme bacteria in my spine. When my LOA ran out I was still in a wheelchair recovering and couldn't do my job as a floor nurse. My job fired me stating I had no more LOA and couldn't physically work. Since then people have been asking me if I'm going to sue, including my bankruptcy lawyer. They are all surprised when I tell them no. I don't think I'd have a case since I couldn't physically perform my duties, besides being in a wheelchair I had horrible tremors, memory problems, lots of pain and on many meds including narcotics. I couldn't apply for unemployment because you have to look for work to get paid, so I went on disability. Like I said, I don't think I'd have a case to sue, but others do, what is your opinion on this matter?

You are 100% right. You understand the issues. You could not have done your job. From your description of your condition, there were not any reasonable accommodations that would have allowed you to perform the essential functions of the job, so you weren't even in a position to request accommodations.

Many people (even lawyers who don't know about employment law) believe that it is illegal for an employer to fire someone who can't work due to illness. That's a vast, overly broad oversimplification of existing law.

I hope your recovery is progressing well. Lose no sleep over the idea that you should have pursued a wrongful termination claim.

 

[els]

Thanks everyone, I thought as much. Yes, I'm getting disability right now and I'm working hard to continue improving. Hopefully I can soon apply for part time work in a less physical and stressful atmosphere, like hospice. That's my goal anyway. Thanks again.