my 87 yr old mom got "released" from job

[towashook]

What is the name of your state? Indiana

My 87 yr old mother was asked to quit her job 3 days ago. She said she would not quit, so her superviser said she would have to "release" her from her employment.

Mother has worked over 10 years for a Respite program, she sits for handicapped people while their family caregiver takes a break or goes shopping. Mother has passed the CPR certification every year for 9 years, this year her doctor said that she could not do CPR on the mannequin because it was too strenuous.

Mom had a hard time last year, her heart started beating irregularly, after they got that fixed she fell and broke her arm. She was on disability for 8 months, every day looking forward to getting better so she could go back to work. As soon as she gained her strength she went back to work. They told her she needed to renew her CPR certification and she went to the class but felt that she could not work on the dummy that day. Her superviser told her to get a letter from her doctor and she did. She took in the note and 3 days ago they told her she was fired.

They didn't give her any advance notice. They told her the only accomodation they would give her was to move the dummy from the floor to a table. They said they get money from Medicaid and that all had to get CPR certification. I asked them to let mother go speak to her doctor before taking any action against her.

I want to know if, since this is a public agency funded by MediCare and Medicaid, would mother have a case and controversy?

I looked over her employee handbook and they didn't follow any of there regulations for letting her go. Also, since they work with people with disabilities and provide services to them and a workshop in many different counties in the region, if they shouldn't also follow the Americans with Disabilities Act and Due Process principles.

If she has a case, do attorneys take these cases on a contigency basis?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Indiana

My 87 yr old mother was asked to quit her job 3 days ago. She said she would not quit, so her superviser said she would have to "release" her from her employment.

Mother has worked over 10 years for a Respite program, she sits for handicapped people while their family caregiver takes a break or goes shopping. Mother has passed the CPR certification every year for 9 years, this year her doctor said that she could not do CPR on the mannequin because it was too strenuous.

Mom had a hard time last year, her heart started beating irregularly, after they got that fixed she fell and broke her arm. She was on disability for 8 months, every day looking forward to getting better so she could go back to work. As soon as she gained her strength she went back to work. They told her she needed to renew her CPR certification and she went to the class but felt that she could not work on the dummy that day. Her superviser told her to get a letter from her doctor and she did. She took in the note and 3 days ago they told her she was fired.

They didn't give her any advance notice. They told her the only accomodation they would give her was to move the dummy from the floor to a table. They said they get money from Medicaid and that all had to get CPR certification. I asked them to let mother go speak to her doctor before taking any action against her.

I want to know if, since this is a public agency funded by MediCare and Medicaid, would mother have a case and controversy?

I looked over her employee handbook and they didn't follow any of there regulations for letting her go. Also, since they work with people with disabilities and provide services to them and a workshop in many different counties in the region, if they shouldn't also follow the Americans with Disabilities Act and Due Process principles.

If she has a case, do attorneys take these cases on a contigency basis?

My response:

I don't understand what your problem might be. You said - -

"They told her she needed to renew her CPR certification and she went to the class but felt that she could not work on the dummy that day."

What if that "Dummy" was a real human being? Should that dying person be told, "Hey, I can help you if you jump up on this table." C'mon, get real.

Simply, your mother is too old, fragile, and incapable of doing the NECESSARY, and excitable, task of saving a life. That capability is not only necessary, but is probably a huge part of the job requirements.

It's time to put Mom out in the pasture.

IAAL

 

[towashook]

What a cruel and sad world you live in IAAL.

 

[I AM ALWAYS LIABLE]

What a cruel and sad world you live in IAAL.

=======================================


My response:

Why do you say that? Because you can't, or won't, grasp the reality of your mother's health and her lack of ability to continue to perform her job functions? Because you don't like it when people agree with her doctor, and the Program Director?

How do you think that dying person would feel?

IAAL

 

[tigger22472]

The bottom line of what IAAL was saying is that your mom can not perform the duties that are required for her for that job.

I want to point out that I work in a nursing home for one and for two my grandparents are in their late 70's and early 80's themselves. I see senior citizens often. None of my grandparents are in nursing homes and are self caring however I wouldn't leave them alone with someone that couldn't take care of themselves and they haven't had the problems that your mother has.

The company is within their legal rights to release your mother for several reasons... one being she can't perform the duties and two is that she herself is a liability to them.

 

[nextwife]

Poster, do you understand that her employer has a huge LIABILITY and legal exposure if they send someone who is known to be unable to assist in a medical emergancy as required by her job? That they can get their A***s sued big time if there is an emergancy to which the employee they have sent is unable to respond?

Look, there is nothing harder than facing our parents dealing with limits on their lives. I was about 22 when I had to take my dad's car keys and, thereby his independence (he was 52 at the time and suffering a brain tumor, and had been the most independent of men) away from him, which broke both his and my hearts. Sometimes our loved ones have trouble facing their limitations.

The employer made a responsible decision.

Perhaps you could help her find a less demanding volunteer position at a nearby hospital? Or a reading buddy at a nearby elementary school (my daughter had a volunteer "Grandma" the first half of the year who read with her once a week to help her get extra reading help)