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Just-diagnosed disability is getting me fired!

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H

hurrygirl

Guest
Help! I have held my current job for almost five years. About two years ago I was diagnosed with ADHD but I did not "declare" this to my employer (a major U.S. employer)in a formal manner, e.g., no documentation from my doctor, no requests for accommodations from me, etc. I did, however, verbally inform my management of my condition. December 1999 a new manager was brought in, and we have not gotten along well since he arrived. It has become painfully obvious that since his arrival he has set out to get rid of me. I have been with the company the longest of all the employees he manages, I am a "true-blue" teamplayer, and until now thought the world (and my employer) was a fair and moral place. My manager has chosen the areas of my disability on which to discipline me (time management, prioritization, getting things done). I do have problems in these areas, and I have asked him for help. He has not helped me, coached me, or encouraged me with my self-admitted desire to improve my work. Instead he has used unfair and deceptive practices (of describing and reacting to problems), made mountains out of molehills (what I do is wrong because I've been there long enough to know better yet another employee with experience makes the same mistakes and is not reprimanded at all), and does not adjust his "ways and means" when he has been verbally and in writing been told that his behavior is highly stressful and damaging to me. (I have started looking for another job and asked for outplacement assistance from HR).
My questions are:
1. Can my employer fire me if my performance problems are directly related to my (as yet undeclared) disability?
2. Should I declare my disability? I want to stay another 30 days when I will be 100% vested in my pension.
3. Can I force them to give me a job with a more compatible job structure?
4. Can they reduce my pay if they move me to another job?
 


K

Kelly Rivas

Junior Member
hurrygirl said:
Help! I have held my current job for almost five years. About two years ago I was diagnosed with ADHD but I did not "declare" this to my employer (a major U.S. employer)in a formal manner, e.g., no documentation from my doctor, no requests for accommodations from me, etc. I did, however, verbally inform my management of my condition. December 1999 a new manager was brought in, and we have not gotten along well since he arrived. It has become painfully obvious that since his arrival he has set out to get rid of me. I have been with the company the longest of all the employees he manages, I am a "true-blue" teamplayer, and until now thought the world (and my employer) was a fair and moral place. My manager has chosen the areas of my disability on which to discipline me (time management, prioritization, getting things done). I do have problems in these areas, and I have asked him for help. He has not helped me, coached me, or encouraged me with my self-admitted desire to improve my work. Instead he has used unfair and deceptive practices (of describing and reacting to problems), made mountains out of molehills (what I do is wrong because I've been there long enough to know better yet another employee with experience makes the same mistakes and is not reprimanded at all), and does not adjust his "ways and means" when he has been verbally and in writing been told that his behavior is highly stressful and damaging to me. (I have started looking for another job and asked for outplacement assistance from HR).
My questions are:
1. Can my employer fire me if my performance problems are directly related to my (as yet undeclared) disability?
2. Should I declare my disability? I want to stay another 30 days when I will be 100% vested in my pension.
3. Can I force them to give me a job with a more compatible job structure?
4. Can they reduce my pay if they move me to another job?
Click to expand...
This seems extremely wrong, I am so sorry for you. I was fired once for being 'to disorganized' I really loved that job :(
 
S

swalsh411

Senior Member
It's impossible to be fired for having a disability your employer doesn't know about.

Your job is in danger because you can't do your job to the satisfaction of your employer.

If you want legal protection you must inform your employer.
 
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