Fired and rehired within 5 minutes???

[dangelicgirl]

What is the name of your state? Florida

My 90 day probation period is up with my company tomorrow and yesterday I was sat down in the presidents office (with the door open so everyone could hear) and told that "my work wasn't up to his satisfaction" and that I was being fired...BUT, I was then told that I was hired back under another position, for another 90 day probational period, but still doing the same job. This was to ensure that I wouldn't quit and draw unemployment. I was then told that my job performance was poor because he felt that I have ADHD and he knew this because his son has it and I exhibit the same traits and I was also suffering "depression or something" and that I should seek counseling and get on the appropritate drugs for my condition. I could either do this or "add this job to my previous list of disasters". Please take note that I have never discussed my personal life with this man or brought any of my personal issues to the table with this job. I am very much to myself and do everything that I am told. I think that they may be trying to force me to resign. The girl who had this position before is very close with the president and left for a "better opportunity". She has been calling quite a bit latley and rumor has it that she is "very bored with this position". Is there any advice on what my rights are or what I should do? I really don't know how much longer I can hold on without just walking out...any advice is greatly appreciated.

 

[Beth3]

There is nothing illegal about the CEO firing you because he thinks you're doing a poor job and then rehiring you immediately. It's bizarre but it's legal. As to the personal comments, they were inappropriate to the extent of detail he got into and assumptions he made but they weren't illegal either.

Rather than just walk out (which would disqualify you for UC benefits), I suggest you start looking for a new job where you'll be happier and quit this one when you accept an offer.

 

[SuzieWahoozie]

Although I usually agree with Beth, in this case I think she's missing something.

If your boss perceives that you have ADHD and/or "depression or something," he may be perceiving you as disabled. Many times, (but not always), ADHD, depression, and other mental illnesses or learning disabilities are covered under the ADA. Perception of disabilities is also covered.

The fact that your boss made those statements regarding your potential disabilities makes him legally obligated to enter into an interactive process with you to determine what accommodations, if any, can be made to help you do your job.

I agree that he can fire and rehire you as he did. As Beth stated, that's weird, but not illegal.

And whether you are "disabled" as defined by the ADA or not, he can hold you to the same performance standards that he would any other non-disabled employee. BUT if you are disabled, he needs to work with you, and possibly your doctor, to determine if your poor performance could be a result of the disability. For example, is the ADHD causing you to lose focus? If so, can more frequent breaks, more varied work, additional training, etc. help your work to improve? These are the types of questions that can only be answered through the interactive process.

The first thing you need to do is talk to your doctor and see if you are, indeed, suffering from ADHD, depression, etc. If so, you need to talk to the doctor about any steps your employer might take to help you perform up to standard. Then you need to present those ideas - and your diagnosis - to your boss. Give him a chance to review your diagnosis and the suggested accommodations to see if there is something that can be done to help you perform better. Mind you, he doesn't have to make the accommodation you ask for - he can accommodate you in some other way, but giving him some suggestions might help.

I would NOT go running to the EEOC or a lawyer or anything like that. Try to work it out internally first. How many employees does the company have (maybe they aren't even required to adhere to the ADA)? Your boss may be ignorant of the law (not that that is an acceptable excuse), and maybe once you enlighten him, he'll shape up. You should at least give him that chance.

I think you have a potential ADA claim here, but Beth (or cbg) will come back and correct me if I'm wrong!

Oh yeah...and as Beth mentioned, walking out on the job is a bad idea. Don't do it.

 

[Beth3]

I did consider that before I responded, Suzie, but IMHO, having ADHD (whether real or perceived) very likely doesn't qualify as a disability under the ADA. Even if she does have it or the CEO thinks she does, I don't think it can be considered to "significantly impair a major life function."

 

[SuzieWahoozie]

Initially I never thought so, either, but at a previous employer, we had an employee ask for a reasonable accommodation due to ADHD. As part of the interactive process, I called both the EEOC and JAN and was told ADHD is, in many cases, legitimately a "disability".

It was explained that ADHD is a learning disability, and as such, impairs your ability to learn, and "learning" is a major life activity. We were also told dyslexia would probably also be covered.

 

[Beth3]

Suz, good point and I agree. I still think there's no ADA angle here though. The CEO didn't fire her because he believes she has a disability. He did it because he felt her job performance was substandard. Even if she has a disability or he thinks she does, that's perfectly legal.

As it is, I think his comments are stupid, albeit likely well-intentioned.