Fired from job for medical appts.!? - ThinnerTimes - Gastric Bypass Forum, Lap Band Forum, and Vertical Sleeve Gastrectomy Forum

Ann8615 · 10-02-2006, 10:50 PM

Well, today was a corker!

I have been at this little job (which I took on July 5, 2006 specifically because it was completely undemanding and non-stressful) for 87 days. When I found out I would be 90% sure be doing WLS, I immediately told my employer that I would be having some surgery (was non-specific), and that I would need some time for medical tests. This was 3 weeks after I started working. Since then, I have received written approval for all appointments, have given my supervisor as much advance notice as possible, and have continued to do my best. Frankly, a monkey could do this job, it is so dumb! This company has incredibly high turnover, and my supervisor has told me in the past that they will do whatever they can to avoid paying for unemployment benefits when they get rid of you. She said that one way they do this is to get rid of you prior to your 90th day (they don't pay benefits til after 90 days).

I have had no verbal warnings, no written warnings, and have even been put on a special project because I work so fast!

Anyway, today my supervisor told me that I have to show documentation for the remaining 2 appointments prior to my op. on Oct. 20th. This does not bother me, and I am sure the dr. will be happy to fax over a note. However, she also said (in writing no less), that the company is seriously examining whether or not they will keep me since I will be out for a few weeks. She said that they have the apply the time off policy uniformly to everyone. Funny, we have 3 college students here whose schedules have been happily accommodated to allow them to attend school!

OK, so I haven't been let go as of tonight. However, I would put money on being let go prior to Oct. 5 (my 90th day), or right before my surgery.

I do believe that this is discrimination of the ADA kind! Anyone else out there with this experience or advice?

I have documented everything since the day I started work. It's not that I care about the job, because I really don't. I was planning on looking for a real job while I am recovering anyway. But I am concerned about the possibility of other people going through this type of thing. I hate to think that anyone could lose their job (and possibly medical coverage) because of the WLS process!

Please let me know what you guys think!
Thanks,
ann

Blueyz · 10-03-2006, 12:19 AM

Quote:

Originally Posted by Ann8615

Well, today was a corker!

I have been at this little job (which I took on July 5, 2006 specifically because it was completely undemanding and non-stressful) for 87 days. When I found out I would be 90% sure be doing WLS, I immediately told my employer that I would be having some surgery (was non-specific), and that I would need some time for medical tests. This was 3 weeks after I started working. Since then, I have received written approval for all appointments, have given my supervisor as much advance notice as possible, and have continued to do my best. Frankly, a monkey could do this job, it is so dumb! This company has incredibly high turnover, and my supervisor has told me in the past that they will do whatever they can to avoid paying for unemployment benefits when they get rid of you. She said that one way they do this is to get rid of you prior to your 90th day (they don't pay benefits til after 90 days).

I have had no verbal warnings, no written warnings, and have even been put on a special project because I work so fast!

Anyway, today my supervisor told me that I have to show documentation for the remaining 2 appointments prior to my op. on Oct. 20th. This does not bother me, and I am sure the dr. will be happy to fax over a note. However, she also said (in writing no less), that the company is seriously examining whether or not they will keep me since I will be out for a few weeks. She said that they have the apply the time off policy uniformly to everyone. Funny, we have 3 college students here whose schedules have been happily accommodated to allow them to attend school!

OK, so I haven't been let go as of tonight. However, I would put money on being let go prior to Oct. 5 (my 90th day), or right before my surgery.

I do believe that this is discrimination of the ADA kind! Anyone else out there with this experience or advice?

I have documented everything since the day I started work. It's not that I care about the job, because I really don't. I was planning on looking for a real job while I am recovering anyway. But I am concerned about the possibility of other people going through this type of thing. I hate to think that anyone could lose their job (and possibly medical coverage) because of the WLS process!

Please let me know what you guys think!
Thanks,
ann

Oh, I am so sorry to hear this. It makes me mad. I am not sure what to recommend here, but I do know i can send you a hug and tell you I heard of people having trouble when their employer found out about wls. It just isn't fair.

I will send you some smiles and hugs.

NewMel06 · 10-03-2006, 12:21 AM

WOW, that just sounds aweful and yes I think it is discrimination. Hold on to all that documentation! Sorry you are going through this right now. I unfortunately don't know what to tell you other than my thoughts are with you and shame on that company!!!!

KnighTron · 10-03-2006, 07:47 AM

Unfortunatley it sounds as though you really do not have a leg to stand on with regard to your dilemma. Unless you have a legally bound contract, either personally or via union representation any employer may dismiss anyone at anytime for any reason.....pretty funky but legal. Do you have representation? Even if ou do there is always a probationary period with new employees and this gives the employer an option to retain or dismiss anyone for any reason.
Good luck to you

deadboy · 10-03-2006, 08:12 AM

It sounds hinky, that's for sure. Do you need this job for the insurance or is it just a job? If you don't need it then good riddance to bad rubbish. if you do need it then...

This would be a bad time to be preparing for surgery AND fighting a legal battle resulting from wrongful termination. It's indeed a corker(?).

Jennifer Miller · 10-03-2006, 09:58 AM

The issue is simple.. If this employer has a pattern of firing before the 90 day limit.
It is discrimination..
If you have everything documented.. you could have a case. it might be worth $150.00
to see.
Go visit a lawyer with your facts. Be organized .. answer their question in simple yes an no's
Good luck. Oh I think it worth your time.
Jenni

goingslimfast · 10-03-2006, 11:10 AM

Ann

So sorry to hear about your job situation.

I too had a job that a monkey could do, and yes it got to that point that I wanted out - but I had wonderful benefits and I stayed until my surgery was over.

But when my boss, supervisor and staff knew of my surgery (nothing much was said.) and I did my best in letting them know EVERYTHING - every detail there was to know.

The day before my surgery, no one said good luck, we'll see you in two weeks, we'll be here for you etc. etc. etc. I was shocked! I left work with no good-byes which was unusual.

When I was in the hospital, only one co-worker came to see me, which I was so happy to see. To this day, she's the only one that keeps in contact with me - a very nice gal, and a wonderful supporter.

While in the hospital and at home I did not recieve any cards, flowers, get well wishes - NOTHING from the company I worked for. Even a .99 card would've meant something to me.

When I returned back to work, I was depressed to realize that I worked for such a "different" company, and I had no desire to bust my butt like before. Why should I? I was even ignored - I felt so invisible, and that's a very sad feeling.

I vented to the co-worker that cared, and seen me, that no one even called, stopped in to see me - and I thought how rude. I went through something major - and nothing.

She told me that many here were not in approval of my surgery. I thought, AND who are they to think that?

I was saddened that I worked with heartless people. It was time for me to leave - and I did.

People do act weird when someone goes through WLS, another case I can not figure out.

But...I am going to school, and when I graduate with my PhD, I'm going back to that old job and I'm going to say: LOOK at me suckers! I'm thin, I have a career, and you guys are still doing this monkey job.

Jeanie · 10-03-2006, 12:12 PM

If you are on probation and they get rid of you there's really no case! That's why employers have that. Specially if you are an "at will" employee. That means you can quit at anytime or they can get rid of you at anytime. You should still be able to collect unemployment.

exit88 · 10-04-2006, 12:37 PM

This sounds more like a Family Medical Leave Act issue not an ADA issue. However the FMLA only applies if you have worked for the employer for 12 months and the employer has 50 or more employees. You can read all about it here: http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm .

Keep in mind that if you are medically unable to work you are eligible for California State Disability Insurance through the Employment Development Department. If you are fired and looking for work you are eligible for Unemployment Insurance. While you won't have much credit built up at this employer if you have other recent employers those credits will count as well.

DAISY · 10-04-2006, 03:54 PM

I totally know what you mean about your job. Two months ago I quit my job of just about four years. I busted my butt and did everything they said just so I could go to appointments. I had sick time and personal time which I used to go to my appointments so I was using my own time. I was constantly worried always if my job was safe every time I had an appointment. I finally said to myself that it isn't worth being so stressed out all the time so I gave my two week notice. The very next day they told me to pack my things and leave. At least I got paid until the end of my two weeks but didn't have to work. Two months later I just finished a summer job at a resort and very happy about leaving that job. Two days after I left, I was sleeping better, lost 5 pounds immediately and my family even noticed me happier because I wasn't so depressed and worried. I loved the job that I was at and I was great at it but it isn't worth my health.

Go with your gutt feeling and I really hope it works out for you.