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Wrongful Termination?

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S

Splenda

Guest
What is the name of your state? Virginia

I was employed for seven years and was terminated on November 17. I am diabetic and began suffering from complications earlier in 2004. The kidney complications caused extreme exhaustion and my sugars were hard to control, often getting too low or too high. One morning, my sugar was 50 and my alarm did not wake me. My doctor took me out of work and I was approved for short term disability. My disability began the day I missed work. When I returned, I was written up for not contacting the office by 9am the morning I was in a diabetic coma. I did contact the office as soon as my friend entered my house (I live alone), woke me up, and gave me sugar. After being out for 7 weeks (all approved for short term disability), the same thing happened three weeks after my doctor released me for work(Nov 17). The next day I was terminated. I feel that the company targeted me due to concerns of me becoming disabled and claiming on their insurance. I have an excellent history with the company, including excellent reviews, until recently becoming ill.

Now that I will lose my health insurance at the end of the month, I am very scared. I cannot afford COBRA and a new job will not cover pre-existing conditions. What can I do?
 


Beth3

Senior Member
Yes, this could be a wrongful termination but it's not possible to say for certain. That's because the Americans with Disabilities Act (ADA) is a very vague law, leaving employers and individuals to guess at what constitues a disability under that law ("a medical condition which significantly impairs a major life function") and what constitues a "reasonable accommodation" that would allow an individual to perform the "essential functions" of the job if someone has a disability as defubed,

Given the severity of your diabetes, it seems safe to assume it qualifies as a disability under the ADA. What is an unknown is whether allowing you to be a "no call/no show" on those occasions when your condition takes a turn for the worse. Not knowing what type of job you had, the demands of your job/workplace, and how critical it is that you called in at the start of your shift to notify them you would be absent, I can't say.

I do think it is worthwhile discussing your situation with an employment law attorney however. Or you are free to contact the EEOC directly and file a complaint.
 
S

Splenda

Guest
Wrongful termination

Thank you for the response. I will start by filing a complaint with the EEOC. The position I held with the company (when I returned from STD) was in customer service and I was part of a four person team. I contributed to the development of the team structure years ago when I was in managment. The team structure guaranteed that our clients' needs could always be met even in the event that an employee had to unexpectedly be out of the office.
My doctor says that my complications can be improved or possibly eliminated with medical care. I have read about FMLA and it seems to address diabetes, but I am still not clear of the details as to what qualifies and when. If anyone has any information about the details of FMLA and diabetes, please respond.
 

Beth3

Senior Member
You can find ample information on the FMLA by doing a simple internet search. In short, it requires employers to extend up to 12 weeks of medical leave to an employee if he/she is unable to work due to a "serious health condition," as well as a number of other reasons. I didn't mention it above as it appears you were extended medical leave as required.

The particulars of the FMLA are far too extensive to go into detail on here, including which employers are subject to the law and what employees are covered. You will have no trouble researching the FMLA on the internet.
 

audster

Member
I am also a type 1 diabetic, considered "fragile" as my body has developed a resistance to insulin resulting in hard to control highs ans lows. FMLA considers diabetes a dehibilative disease, nearly as serious as say, cancer or aids. you are entitled to 12 weeks of intermitant leace at the employee's discretion (means after the FMLA papers are filed you don't need a doctor's excuse). When using FML leave, you must tell your employer's HR that the incident is to beconsidered FMLA. They can require you to take a vacation or paid sick day first, if any are available.
 

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