Terminated for Going on Long-term Disability

[Bunsen11]

I am employed in Massachusetts (or was employed as it were).

Today I finally received confirmation that my long term disability claim was approved then subsequently I was informed by my employer that I would be terminated from my position and if I wanted to return back to work I would have to go back through the application process. Um, what? How does this make sense? You're sick so we're firing you???? Ugh!

Beyond that, I have been trying since April to get accommodations for PTSD but they were largely uncooperative. They did the bare minimum and "considered" my requests but overall what they were willing to provide prevented me from being able to return to work. Namely, my supervisor was aggressive and they refused to provide another supervisor or to provide me an occupational coach to help me to work with her. Other things they refused were providing an electronic organizer to help me deal with short-term memory problems, facing my desk so my back isn't to the door (this allows me to better deal with hyper-vigilance), and some other things that I felt were reasonable. From my perspective, I feel that their lack of cooperation, in effect, prevented me from returning to my position because adequate accommodations were not provided. It just doesn't seem fair that I should lose my position because they won't cooperate and honor the needs of my disability. Is there anything I legally can do both about being terminated and about my accommodations not being provided? Their defense is that my requests aren't reasonable but they didn't even consult any mental health professional or other authorities on PTSD. Help!

 

[OHRoadwarrior]

You can make all the requests you wanted. If you did not properly execute requests for accommodation, they are not required to provide any.

 

[ajkroy]

I am employed in Massachusetts (or was employed as it were).

Today I finally received confirmation that my long term disability claim was approved then subsequently I was informed by my employer that I would be terminated from my position and if I wanted to return back to work I would have to go back through the application process. Um, what? How does this make sense? You're sick so we're firing you???? Ugh!

Beyond that, I have been trying since April to get accommodations for PTSD but they were largely uncooperative. They did the bare minimum and "considered" my requests but overall what they were willing to provide prevented me from being able to return to work. Namely, my supervisor was aggressive and they refused to provide another supervisor or to provide me an occupational coach to help me to work with her. Other things they refused were providing an electronic organizer to help me deal with short-term memory problems, facing my desk so my back isn't to the door (this allows me to better deal with hyper-vigilance), and some other things that I felt were reasonable. From my perspective, I feel that their lack of cooperation, in effect, prevented me from returning to my position because adequate accommodations were not provided. It just doesn't seem fair that I should lose my position because they won't cooperate and honor the needs of my disability. Is there anything I legally can do both about being terminated and about my accommodations not being provided? Their defense is that my requests aren't reasonable but they didn't even consult any mental health professional or other authorities on PTSD. Help!

If you used up all of your 12 weeks of FMLA (if eligible), then it is perfectly legal to fire you. How long are they supposed to keep your position open? Indefinitely?

 

[Bunsen11]

Did you even read the post?

I'm saying that they refused to provide the accommodations I needed to return to work for a disability. You clearly aren't educated on the subject or qualified to be responding. I understand that they can't hold the position indefinitely but they can't also have it all their way. I TRIED to go back to work. I was fully transparent on what I need IN ORDER to go back, and they didn't provide it. That's the only reason I remained on disability, their failure to provide the need accommodations so that I could return to work. They basically forced my termination by not complying with ADA.

 

[Antigone*]

I'm saying that they refused to provide the accommodations I needed to return to work for a disability. You clearly aren't educated on the subject or qualified to be responding. I understand that they can't hold the position indefinitely but they can't also have it all their way. I TRIED to go back to work. I was fully transparent on what I need IN ORDER to go back, and they didn't provide it. That's the only reason I remained on disability, their failure to provide the need accommodations so that I could return to work. They basically forced my termination by not complying with ADA.

The word reasonable comes into play here.

 

[OHRoadwarrior]

I'm saying that they refused to provide the accommodations I needed to return to work for a disability. You clearly aren't educated on the subject or qualified to be responding. I understand that they can't hold the position indefinitely but they can't also have it all their way. I TRIED to go back to work. I was fully transparent on what I need IN ORDER to go back, and they didn't provide it. That's the only reason I remained on disability, their failure to provide the need accommodations so that I could return to work. They basically forced my termination by not complying with ADA.

Who determined what accommodations you needed to return to work? While you may request a change for a medical condition, this request does not mean that the employer is required to provide the change. The request for reasonable accommodation is the first step in an informal, interactive process between the individual and the employer. If you actually needed these accommodations, your doctor should have been able to reinforce your need. A pen and a piece of paper is just as functional as an electronic organizer. An occupational coach is indicative that you are not capable of doing the job, not that you need an accommodation. They are not required to change the nature of the job. Your psychologist,, sending a note about the need for your desk to be turned, would reinforce this as a valid need.

I suggest you consult a therapist trained in EMDR. It has been proven to be particularly effective with PTSD.

 

[Zigner]

I'm saying that they refused to provide the accommodations I needed to return to work for a disability. You clearly aren't educated on the subject or qualified to be responding. I understand that they can't hold the position indefinitely but they can't also have it all their way. I TRIED to go back to work. I was fully transparent on what I need IN ORDER to go back, and they didn't provide it. That's the only reason I remained on disability, their failure to provide the need accommodations so that I could return to work. They basically forced my termination by not complying with ADA.

Alrighty then!

 

[Antigone*]

Who determined what accommodations you needed to return to work?

Shoot, I really need a massage whilst sitting in my humble work abode. My boss said no. I'm suing

 

[Bunsen11]

I provided the accommodation requests in writing, and based them off of suggested accommodatoins I found for people with PTSD on the "Job Accommodation Network" website. My therapist also sent them a letter supporting the accommodations but they still refused to even try to provide almost all of the requests.

In regards to some of the rude and ignorant replies, this forum is meant to be helpful, not to make fun of those with disabilities. If you don't have anything to add and only want to make a mockery of my life then kindly keep your opinion to yourselves.

 

[Zigner]

I provided the accommodation requests in writing, and based them off of suggested accommodatoins I found for people with PTSD on the "Job Accommodation Network" website. My therapist also sent them a letter supporting the accommodations but they still refused to even try to provide almost all of the requests.

In regards to some of the rude and ignorant replies, this forum is meant to be helpful, not to make fun of those with disabilities. If you don't have anything to add and only want to make a mockery of my life then kindly keep your opinion to yourselves.

So they DID provide accommodations.

 

[Bunsen11]

As for the coach, this was only because my supervisor is a severe trigger for my ptsd because she is extremely aggressive, negative, and critical in a non-constructive way. Because they refused to change the supervisor, I asked for the coach as an alternative to help me transition back into working with a high-trigger environment. I feel it's reasonable and necessary but they just flat out invalidate my perceptions of the supervisor and say that they don't find her behavior to be a problem. But because I have a disability, it is a huge obstacle for me. I was asking for help to overcome that.

Nobody has still offered an advice on what I can do if I have taken the time to discuss the accommodations with the employer and the talks have gone nowhere. What now?

 

[sandyclaus]

...I have been trying since April to get accommodations for PTSD but they were largely uncooperative. They did the bare minimum and "considered" my requests but overall what they were willing to provide prevented me from being able to return to work. Namely, my supervisor was aggressive and they refused to provide another supervisor or to provide me an occupational coach to help me to work with her. Other things they refused were providing an electronic organizer to help me deal with short-term memory problems, facing my desk so my back isn't to the door (this allows me to better deal with hyper-vigilance), and some other things that I felt were reasonable. From my perspective, I feel that their lack of cooperation, in effect, prevented me from returning to my position because adequate accommodations were not provided. It just doesn't seem fair that I should lose my position because they won't cooperate and honor the needs of my disability. Is there anything I legally can do both about being terminated and about my accommodations not being provided? Their defense is that my requests aren't reasonable but they didn't even consult any mental health professional or other authorities on PTSD. Help!

They aren't required to provide you with another supervisor that you like better. They aren't required to provide you with an electronic organizer (but you could have obtained one for yourself). They WERE being reasonable in denying these requests for accommodation because the requests WEREN'T reasonable.

What else did you ask them to do that you feel they unreasonably rejected? If your requests were disruptive to their normal course of business, then again, YOU may have been the one making things impossible. Your employer isn't required to change the way they conduct their business just because it doesn't suit you.

 

[Zigner]

As for the coach, this was only because my supervisor is a severe trigger for my ptsd because she is extremely aggressive, negative, and critical in a non-constructive way. Because they refused to change the supervisor, I asked for the coach as an alternative to help me transition back into working with a high-trigger environment. I feel it's reasonable and necessary but they just flat out invalidate my perceptions of the supervisor and say that they don't find her behavior to be a problem. But because I have a disability, it is a huge obstacle for me. I was asking for help to overcome that.

Nobody has still offered an advice on what I can do if I have taken the time to discuss the accommodations with the employer and the talks have gone nowhere. What now?

So, you expect them to hire a personal assistant/companion for you because you don't get along with the boss? That really does NOT sound like a "reasonable accommodation"

 

[Bunsen11]

The main "accommodation" they provided is that I no longer had to delegate to a male employee that made sexist remarks if I asked him to contribute to work area cleanliness. Things like "F$%^ that! I'm not sweeping, that's a woman's job". I had brought this to their attention for months prior to no avail. In fact, I was blamed for not taking ownership in the situation. Only when I requested it as an accommodation for my disability was it honored. It's just a really messed up situation. But it doesn't seem like anyone agrees.

And no, a pen and paper isn't as effective when you have severe anxiety and memory problems. Papers become overwhelming, get lost, get wet in the lab etc, etc. An electronic organizer is searchable, easier to organize, etc. They also regularly provide these to other employees with in the organization without a disability being present. They're a multibillion dollar a year pharmaceutical company so they can't claim "undue hardship" in providing me with an organizer.

 

[OHRoadwarrior]

As for the coach, this was only because my supervisor is a severe trigger for my ptsd because she is extremely aggressive, negative, and critical in a non-constructive way. Because they refused to change the supervisor, I asked for the coach as an alternative to help me transition back into working with a high-trigger environment. I feel it's reasonable and necessary but they just flat out invalidate my perceptions of the supervisor and say that they don't find her behavior to be a problem. But because I have a disability, it is a huge obstacle for me. I was asking for help to overcome that.

Nobody has still offered an advice on what I can do if I have taken the time to discuss the accommodations with the employer and the talks have gone nowhere. What now?

Again, the ADA does not require they change the bosses job to accommodate you. This is a clear statement you were unable to perform your job. I am sorry for you. I honestly am. I am on FMLA now and have been off work since late August. I am still trying to figure out a way to go back to work.

I just put together you are a chemist. How do you think chemists functioned before the invention of electronic organizers? Yeppers, the old Lab Notebook.