Layed off despite my medical situation

[mlopez60120]

What is the name of your state? Florida

I live in Florida. I am mid-50s, Hispanic. I have been diagnosed with anxiety, depression, bipolar disorder, PTSD, and Diabetes. I take medication, I moved my family to Florida 3 years ago for this job. I have provided my employer medical letter detailing my medical condition. The purpose was to provide information related to my medical condition and my doctor's appointment. I can support any time off related to a medical visit. Visit. That said, my employer indicated that they have to lay me off.

I work an average of 45-50 hours a week despite my medical information. I deliver on all my projects. I have had a few episodes that required me to leave work. However, I would make up the hours. The times I have had triggers, I completed my task. I have never been asked for any medical update, never been asked to bring additional medical information.

My employer has never written me up. My employee record is spotless. I am thinking that this was a way for them to reduce headcount. I asked them to provide me details on what I did not do or what I did that they feel it merits for me to loose my job. However, they have not wanted to provide any information.

Anything I can do?

 

[cbg]

Assuming that you are covered under the ADA, which has not yet been established, you cannot be laid off BECAUSE of your medical condition but you can be laid off IN SPITE OF it.

Were others laid off as well?

 

[AlmostThere]

Being laid off is not the same as being terminated or fired from a job. Being laid off is due to business reasons, not performance reasons. Examples:
* A restructuring that requires a lower headcount.
* A change in needs that requires different employees
* A need to improve EBIDTA to acquire funding
* Advancement in technology or process that requires fewer employees

and so on.

Frequently, with a layoff, you will exit with a good reference.

 

[adjusterjack]

Being laid off is not the same as being terminated or fired from a job

Yeah, it is. You have no work, you have no pay. If it walks like a duck and quacks like a duck, it's a duck. If you hear hoofbeats, think horses, not zebras.

 

[adjusterjack]

I have provided my employer medical letter detailing my medical condition.

What was your purpose in doing that?

Did you specifically ask for an accommodation under the Americans With Disabilities Act.

Have you filed for unemployment compensation since the "lay off."

 

[AlmostThere]

Yeah, it is. You have no work, you have no pay. If it walks like a duck and quacks like a duck, it's a duck. If you hear hoofbeats, think horses, not zebras.

The immediate impact may not be the same. For example, the last time I was laid off, I received a severance package. And I was eligible for unemployment if my unemployment went beyond my severance period. Being fired does not come with severance, and depending on the reason for termination, you may not be eligible for unemployment benefits.

Being laid off should carry a neutral value when looking for new employment, whereas being fired carries a negative value.

 

[adjusterjack]

A distinction without a difference.

No work, no pay.

 

[LdiJ]

A distinction without a difference.

No work, no pay.

It still makes a difference in finding a new job, you know that.

 

[AlmostThere]

It still makes a difference in finding a new job, you know that.

And to address the no money portion of adjusterjack' statement:

Depending on why someone is fired, it can make a difference in whether they can receive unemployment benefits.
Severance may be offered in conjunction with a layoff, but not when an employee is fired.

They *are* different.

 

[Zigner]

Ah, semantics. The gift that keeps on giving.

Any separation from employment is a "termination." The reasons for the termination of employment fall into different subsets.

 

[adjusterjack]

Ah, semantics. The gift that keeps on giving.

Any separation from employment is a "termination." The reasons for the termination of employment fall into different subsets.

Thank you.

 

[cbg]

And the legality of it will depend on some of breakdown of those subsets. Unfortunately, if the OP never returns to answer them, the world may never know.

 

[Bali Hai Again]

OP’s lack of further input answering questions makes me seriously wonder if their self assessed “spotless work record” is remotely accurate.

 

[patriotbluewave]

Assuming that you are covered under the ADA, which has not yet been established, you cannot be laid off BECAUSE of your medical condition but you can be laid off IN SPITE OF it.

Were others laid off as well?

Yes just few people in our South Carolina facility.

 

[patriotbluewave]

Being laid off is not the same as being terminated or fired from a job. Being laid off is due to business reasons, not performance reasons. Examples:
* A restructuring that requires a lower headcount.
* A change in needs that requires different employees
* A need to improve EBIDTA to acquire funding
* Advancement in technology or process that requires fewer employees

and so on.

Frequently, with a layoff, you will exit with a good reference.

Thanks for information it makes sense