Need advice

[alice255]

I'm posting this for a family member. For the sake of this thread I will call her Jane. She is disabled but functional and able to work a desk job, in her 60s, with a stage IV slow-progressing cancer. She is concerned she is going to lose her job or worse. Confused and any advice will be greatly appreciated.

This is the situation, in brief:

1. Jane has been working a desk-job for a company for about 2 years. Not part of a union. No write-ups, excellent attendance.
2. About a month ago, Jane missed a few days of work (used vacation time) and returns with a medical note requesting for accommodation for her disability. Her disability does not interfere with her work, so it should be a reasonable accommodation.
3. She gets called into the HR department that day and speaks with Ms. X. She's asked if she wants to go on workman comp. She says no. Ms. X asks questions about her cancer and Jane answers them. The workplace does not provide the accommodation. But Jane does not complain or make any further mention of it.
4. About a week ago, HR tells Jane they are going to re-train her
5. Yesterday, she is called into HR again by Ms. X. She tells Jane: "person A told person B told Ms. X that she had overheard JANE say someone was threatening her (Jane's) life." Jane told HR she had not said such a thing and that no one had threatened her. But Ms. X said she was "very concerned" and she believes what she heard from person B because it is a "trusted source." Then Ms. X suspends Jane, states multiple times that Jane is "extremely upset," and escorts her out of the building. Jane was shocked and confused, but was not "extremely upset" as HR had stated.
6. Jane has to meet with HR tomorrow. Ms. X and a manager who is a good friend of Ms. X will be there. Jane has asked if a trusted co-worker can be present, but has been told absolutely not. Jane is concerned that 1) she is going to be fired and 2) HR may accuse her of being "extremely upset" again, and/or accuse her of saying something else that she didn't say. She says she was treated very rudely by Ms. X as she was told to "go home."

She's very confused as to why this is happening all of a sudden when there had been no work issues before, and does not know what she's supposed to say or what to expect at tomorrow's meeting. I am concerned because losing this job will be catastrophic because of Jane's age and medical condition. It is very odd that this sudden "incident" occurs just a few weeks after Jane brings in a disability note. Jane also does not understand why HR does not believe her and instead believes person B, who heard it from person A, who claims to have overheard Jane. Also, why are they suspending and getting upset at Jane if they truly believe person B that someone made a death threat against Jane? So much does not make any sense at all and this whole situation seems ridiculous and confusing.

 

[armstrong1988]

Thank you for this thread and sharing your story.

 

[eerelations]

Thank you for this thread and sharing your story.

Wow, you're real helpful, aren't you?

OP, how many employees does Jane's company have within a 50-mile radius? And has Jane worked at least 1250 hours in the past year?

 

[alice255]

OP, how many employees does Jane's company have within a 50-mile radius? And has Jane worked at least 1250 hours in the past year?

Her workplace has about 200 employees. She's definitely worked over 1250 hours in the past year (8 hours a day, 5 days a week).

 

[eerelations]

Then she's entitled to FMLA leave. This is a job protected unpaid leave, which means they can't fire her for taking/asking for it. Her employer is probably afraid she's going to ask for it, hence all the smoke and mirrors about workers' comp and death threats.

Jane needs to go straight to HR and say "I need intermittent FMLA leave. Please provide me with the paperwork so that I can take it to my doctor right away. Thank you."

Jane should also stop thinking/worrying about the death threat nonsense - as I said, it's just a smokescreen. She should not talk about it unless someone else asks her directly about it, then she should just play puzzled.

Come back and tell us what happens to Jane after she asks for her FMLA paperwork.

 

[ESteele]

OP, Jane should follow the above substantive advice. She should also consider contacting a local employment law attorney to discuss her situation. It appears her employer is retaliating against her for requesting a disability accommodation. The death threats-suspension stuff truly appears bizarre. However, the lengths some individuals will go to in order to deny someone else his or her employment rights under the law can frequently be breathtaking.

Accordingly, Jane would be well served to consult with an attorney who may advise and advocate on her behalf. She should not have to navigate these ADA and FMLA issues entirely alone.

With that said, she does not have a right to have a trusted friend with her at the upcoming meeting. She should take copious notes. (I doubt management will allow her to tape record the meeting.) If this manager misrepresents what she says during the meeting, Jane can rely upon her notes to counter any false assertions.