Fired for health reasons

[TamaraL]

What is the name of your state? Kentucky

I was fired from my employer for misuse of company time. I was expected to be at my computer working for 7.5 hours a night. This is perfectly reasonable. However, i have IBS (Irritable bowel syndrome) so when the call of nature comes i have approximately 30 seconds to make it to the bathroom before i have to change pants, very embarassing. Because of this i was up and down out of my seat a lot and often would have to spend a long period of time in the restroom. I've been working with my doctor to identify what foods or situations (stress) trigger this and thankfully now it is under control. I was let go the day after my 30 day food evaluation which is very unfortunate. Also, besides not technically working the full 7.5 hour shift, the amount of work and quality of my work was superb and often well over that my co-workers.

I'm going to try and file for unemployment but i have no objections to working and i've rejoined the temp agency that got me this job 4 years ago and hope to find something permenant there.

My question is, i feel that my employer let me go unjustly, is there anything at all i can do about it? I'm also fairly confident i can receive unemployment in the mean time between jobs, do you think there is any reason that i would be denied? Thanks so much.

**Also a friend told me that it is illegal for an employer interviewing you for a position to ask if you were fired from your previous job. Is this true? I'm afraid that if i tell them my health problem, although it's not a problem any longer, that i will not be hired.

 

[cbg]

i feel that my employer let me go unjustly, is there anything at all i can do about it?

That depends. Did you at any time explain the problem and ask for an accomodation? Do you think there is something the employer could have done that would have allowed you to perform your duties?

do you think there is any reason that i would be denied?

That is too state- and situation-specific to be answered here, and in any case would only be an opinion that would not be binding on the unemployment office.

Also a friend told me that it is illegal for an employer interviewing you for a position to ask if you were fired from your previous job. Is this true?

No, it is not true. What's more, it is not illegal for your previous employer to say why you were fired. Your friend does not know what s/he is talking about/

There is one exception to the above which MAY apply here, but we won't know until you answer my question in the first paragraph.

 

[TamaraL]

i feel that my employer let me go unjustly, is there anything at all i can do about it?

That depends. Did you at any time explain the problem and ask for an accomodation? Do you think there is something the employer could have done that would have allowed you to perform your duties?

*I explained the situation to my manager. I was performing my duties, i had no problem reaching the required amount of work per night just like every other employee...i saw no way for me to be logged into the computer for 7.5 hours a night and still cope with my IBS and she didn't have any suggestions for me either.

 

[TamaraL]

I filed for unemployment today, i'm very worried about what my previous employer will say. I was truthful on the claim in that i was let go because i DID violate company policy, however the reasons for why this happened were a bit out of my hands.

I am awaiting your follow up reply CBG.

 

[cbg]

I'm sorry, Tamara. I must have missed your initial response.

A prospective employer may ask any questions they choose. A former employer is restricted from answering any questions regarding any medical information they may have on you, or any information regarding a disability.

What is not clear is whether your medical condition qualifies as a disability under the American's with Disabilities Act. I tend to think not, and even if it did, by your own admission there was really no accomodation your employer could have made. So I seriously doubt that you have any legal action you can take. It's possible that you may have omitted factors that would make a difference to the answer; you are free to check with the EEOC to see what they say.

Your employer may not tell them specifically why you were fired since it relates to a medical condition. They MAY say it was because you were away from your desk too often.

Post back and let me know what response you get from unemployment. If you are declined, I may have some suggestions for you.

 

[TamaraL]

I haven't heard anything back about unemployment yet, but i have another question. I've been applying for jobs (20+) i'm either over qualified for or for jobs doing exactly the same thing as i was doing previously...and no one has called me back for an interview. I've been very honest that i was let go for health reasons and i feel this is causing employers not to want to hire me. I'm very close to lying and saying i put in my 2 weeks and left on amiable terms. I just want a job do i have to lie to get one??

 

[cbg]

In the current market, at least in the area where I live, it might be necessary to send out 50 resumes or more before you get even one call for an interview. Jobs are not exactly plentiful just now. I keep hearing that it's turning around and the market is easing, but I sure haven't seen any signs of it.

In any case, there's no sense in making the process any more difficult than you have to. You are under no legal obligation to give a prospective employer any reason why you are in the market at this stage of the game. You don't have to lie, but you don't have to tell them why you left your last job before you even get called for an interview either. Plenty of time for that when you're right in front of them and they can see for themselves what the situation is.

 

[TamaraL]

Yay! Exactly 2 hours after i posted that i got a call for an interview next Monday. From what it sounds they are fully prepared to give me the job but just want to meet in person, which is understandable. They did not ask the conditions why i left my previous job. I'm assuming they will call my ex-manager for some kind of reference though, i can only hope that they allow me to tell the unique circumstances surrounding it before resending the job offer.

 

[cbg]

Good for you, Tamara! Good luck and let us know what happens.

 

[TamaraL]

Good for you, Tamara! Good luck and let us know what happens.

I went to the interview and things went very well, plus they didn't even ask why i left my previous job or for any references. I have the last interview this thursday and was told by my interviewer i'm a for sure hire but i'm still so nervous.

And regarding my UI claim, someone from the office called me today to add some more information to my claim. She asked me if i had given a statement from my doctor to my manager about my illness, i said no i hadn't. Then she asked if my manager had ever asked me for one, again no she hadn't. I wanted to ask if my claim had been disputed but she sounded very busy and abruptly ended the call - probably it has been disputed but i'm not sure.

 

[cbg]

probably it has been disputed but i'm not sure.

Not necessarily. UI notifies you if there's a dispute.

The last time I had a UI claim, the fellow who was supposed to be handling things at my former employers was extremely overworked - he was handling his entire job plus all of mine (I'd been laid off when a major investor withdrew their funds without warning and the company had to cut their payroll in half to stay in business). UI had asked them for some information and he'd simply been to busy to respond. So they called me and asked me for it instead. My employer wasn't disputing my claim; they simply were being unresponsive.

It's possible that your employer is either not responding to the claim, or the UI office is just trying to get all their ducks in a row.

If they don't respond, that's good for you.

 

[TamaraL]

I had my last interview today and i got the job!!! I explained the situation that I was terminated for and my interviewers were very understanding. Luckily I was very qualified for the position and was offered the max salary allowed. The 7 week training classes don't start until July 11th but still no word on if i will qualify for UI benefits until then. I feel like i'm spamming up the board with my saga, I promise the next post will only be about UI benefits.

 

[cbg]

Good for you! Congratulations.

If you have not received a notice that your benefits are being contested, it's a pretty sure thing that you'll get your UI. I don't know how long your state gives employers to respond but in mine it's only ten days, and my state actually gives employers longer to contest than many states. Unless you hear VERY shortly that your employer is contesting, it's a pretty safe bet that they aren't.

 

[TamaraL]

In the mail yesterday was a letter titled "Notice of Determination" and some of it I can't make any sense of. There is a "Findings" section where basically it says i was fired because i didn't perform my job and it was proven that i was fully capable to do so. The "Rulings" part is where i'm totally lost.

Rulings:
The claimant is disqualified from 05/29/05 and until work is performed in covered employment in each of ten (10) weeks and has earned ten (10) times the weekley benefit rate.

The employer: In accordance with KRS 341.530 (2) (3), benefits paid will constitute a valid charge for the reserve account of this employer because the protest was not received within the period prescribed by Kentucky administrative regulations.


I think what that is saying is, the company didn't dispute in time so i will be paid although i technically do not qualify for benefits?

 

[pattytx]

Not exactly. It did say that your employer will get charged with any benefits (affecting their reserve ratio, and thus the tax rate they pay in the future) paid to you because they didn't respond in a timely manner.

They are saying, however, that they will not be paying UI benefits from 5/29 foward until you earn the required wages and may have to file another claim.