They find out I have epilepsy, and fire me for "misconduct." Discrimination??

[ejhooks]

They find out I have epilepsy, and fire me for "misconduct." Discrimination??

What is the name of your state? MN

I've been at my job for about 4 years. Until this year, I've been the top sales rep in my division, winning all the quarterly and annual awards.
I work at a large financial institution (bank) with well over 10,000 employees.

However, this year, I have had problems with my health that seriously interfered with my work performance. I went to several doctors, and was eventually referred to a neurologist.
My boss confronted me about a month ago regarding my poor work performance- such as inability to focus, blanking out, inability to code my "aux time" (every second of the work day) properly on my phone, failure to exceed all goals, and excessive sick time.

I told him that I had been referred to a neurologist, and would let him know what my condition was.
He then told me that I would need some sort of diagnosis that proved I was really "disabled," and to show what accomodations they needed to make. Otherwise, I would be fired for "misconduct." Furthermore, he told me that our conversation "never happened."

Thankful for his "heads up," I made my neurologist aware of my dire situation at work. After an MRI and EEG, he diagnosed me as having epileptic seizures and prescribed me medication.

Also, he allowed two weeks off of work (approved by short term disability insurance) to adjust to the medication.

He even wrote a letter to my boss, stating specifically my diagnosis, the effect that untreated seizures can affect my work performance - and that I am under treatment for my condition.

Additionally, I sent HR a transcript of my appointments.
All of this was done as requested by my boss, as he didn't want me to lose my job (or so I thought.)

Therefore, they are aware that I have been diagnosed with this condition, and that I'm taking medication to treat it- so no accomodations are needed on their part.

However, tonight my friend and coworker called to inform me that when I come into work tomorrow, I shall be fired.
The reason? Employee misconduct.
The only reason I can figure why they would use that reason is to deny having to pay me unemployment benefits, which they certainly would have to, if they were to fire me for exceeding my sick days, or just poor work performance- which is certainly a given.

I have looked at online legal sources and feel that perhaps I do have a case.

I did print out a few laws that do seem to apply in my case, but I am wary of making them aware that they are in potential violation of the law.

For example, my boss did demand me to provide explicit proof of whatever medical condition I might have- and after finding out, I did so. I thought this was to my benefit, but apparently not.

I tried to apply to another position within the bank, but never heard back from the other department's hiring managers.

Previously, I had gone from a 40 hour work week down to 36 - at my primary care physician's advice, before getting referred to the neurologist.

I feel I've done pretty much everything to "make it right," and yet I'm getting fired for a bogus reason, simply so they don't have to pay unemployment benefits.

However, even if they were to appeal my unemployment benefits, I would probably qualify, under MN Statutes 2002, 268.095
(which defines what they consider employee misconduct)
Subd. 6,
(b) Inefficiency, inadvertence, simple unsatisfactory
conduct, poor performance because of inability or incapacity, or
absence because of illness or injury with proper notice to the
employer, are not employment misconduct.

Yet I really wish I didn't have to go through all the flaming hoops and nonsense to fight this.

I would much rather contest the legality of the firing, or present my case to HR and see if they would rather be legal about it.

But, I'm holding off until I can talk to legal aid this morning - I don't want to take the wrong steps on this one.

I'm just glad my friend at work gave me the heads up on this development, so I can at least have my ducks in a row.

Any advice or feedback is welcome!!

 

[Beth3]

I wouldn't worry too much about UC. Poor job performance does not constitute willful misconduct under UC reg's unless the employer can demonstrate that the employee purposefully did not perform adequately. It is extremely unlikely your employer can prove that.

Frankly, it sounds like they terminated you for "misconduct" in an attempt to dodge the obvious ADA situation and UC benefits have nothing to do with it. Yes, an employee with a disability still must be able to perform the essential functions of the job and can be fired if they are unable to do so but given the series of events, I think you have a discimination complaint to bring under the Americans with Disabilities Act. At the time they decided to fire you, they knew you had been diagnosed and were being treated and there was no reason for them to assume going forward you would be unable to perform the job at your prior proficient level.

See an attorney.

 

[hmmbrdzz]

Ditto. Sequences of events sure seems to point to employers attempts to be unaccountable for a potential employee protected under the ADA. They took action against you when they knew you were being seen by a neurologist, and they even requested medical documentation to prove it, and then they fired you for something totally unrelated. Bad sequence of events for them.
If you don't see an attorney before you talk to them again, you may not want to push the issue that "because you were on medication, no accomodations were needed on their part". A doctor had already cut your hours from 40 - 36. Definitely see an attorney. If they fire you and you DO plan to see an attorney, I wouldn't say a whole lot at your termination meeting, other than you don't agree with it. If they aren't totally stupid, I think they know they are in violation of the law. Don't talk. See an attorney.

hmmbrdzz