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Home » Discuss » Topic Forums » Disability Donate to DU
 
DollyM Donating Member (837 posts) Send PM | Profile | Ignore Sat Nov-15-08 02:21 PM
Original message
fired for "disability"
I started a new job one month ago. I went to a training with another staff member and took along my handicapped hanger since she was driving. I have osteoarthritus in both knees and can walk but do appreciate the closeness of handicapped parking. A few days later, my boss came in the office and told me she would not have hired me if she had known about the problem with my knees. From then on I got raked over the coals just about every day for every stupid thing under the sun until last week she just said this wasn't working and told me to clear out my office and go. I thought it was illegal to tell someone you wouldn't have hired them if they had a disability. I was doing marketing for a nursing home and she thought it interferred with my ability to get around which it didn't, I just move a little slower and use handicapped parking. I am scared to death now to utilize my handicap parking when I get a new job (crossing my fingers for a new job in this lousy economy as my husband was fired from his sales job last month after he ended up in the hospital.)
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ananda Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-15-08 02:23 PM
Response to Original message
1. You have rights.
Talk to the EOC or whoever can help
you litigate.
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Realityhack Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-15-08 02:28 PM
Response to Original message
2. It is illigal.
Document everything in as much detail as you can and contact an attorney immediately.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-15-08 02:28 PM
Response to Original message
3. Get a lawyer....immediately.
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DollyM Donating Member (837 posts) Send PM | Profile | Ignore Sat Nov-15-08 02:48 PM
Response to Reply #3
4. I didn't get any written warnings so nothing is on paper
Her comment was made in front of her head nurse but the head nurse is her "toady" a friend that she brought with her when she took over the nursing home administrator job back in August so I don't expect any support from her but she did hear her say it. My only consolation is that I am the third marketing person (this position) she had let go in 3 months and about the 35th employee she has fired in that time period. Their census is about half what it should be so the nursing home is in deep financial trouble and I think this was just a way of getting rid of me when I couldn't produce results overnight. Still, it hurt to actually hear her say she woudln't have hired me if she had known about my disability. She did say she didn't notice it when she interviewed me and I didn't mention it because it has never been a problem before. I just need a couple of accomodations such as the handicap parking and I'm fine.
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BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-15-08 03:37 PM
Response to Reply #4
5. Contact a lawyer/agency and tell them the story and see what they say..
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happynewyear Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-25-09 06:01 PM
Response to Reply #4
15. they did the same to me
I never got a thing in writing. Luckily, I was working a union job when this happened and they helped me get out with a little something anyway.

However, arthritis in your knees ... :dunce:

I've had this problem for years and never even thought it to be a "disability".

The placards where I live require a doctor's statement that simply says on it that I have a "mobility impairment". It states no actual diagnosis and I have never had any problems with it from anyone other than the occasional dirty look from the ignorant passerby that judges a person on how they appear.

I don't look "disabled" yet either. I guess they'd like to see you being hauled out in a wheelchair drooling or something for God's sake!

Once you are issued a placard however, it becomes an "issue" on an SSI/SSDI case, I know that much as I was asked whether or not I have one and told them that yes, I did. They made note of this I remember.

Perhaps this is why they are hedging on hiring you?

You really cannot trust these people is my experience and they are quite cautious and effective of eliminating many "disabled" people from being gainfully employed. They don't want their insurance premiums to go up nor Worker's Compensation cases to increase. That is because you are too big of a known risk and to them, the placard is their "proof".

Can't win for anything it seems to me. :(






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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 05:13 PM
Response to Reply #4
23. They aren't making any accommodation when you use the handicapped tag.
Edited on Tue Jun-16-09 05:16 PM by elehhhhna
THEY HAVE NO CASE WHATSOEVER!
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-15-08 03:57 PM
Response to Original message
6. Violation of the ADA
Call the EEOC and see how you can file a discrimination charge.
Look them up on line to get the phone number and an idea of the procedure to follow.
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Ioo Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-16-08 10:58 PM
Response to Original message
7. G E T A L A W Y E R N O W ! ! !
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KamaAina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-18-08 06:22 PM
Response to Original message
8. You thought correctly.
Your ex-boss is a complete :dunce: for saying that, and has probably gotten the company in a big heap of trouble.

Your local Center for Independent Living (CIL) and/or state Protection and Advocacy System (P&A) should be able to provide advocacy services, including referral to an attorney (P&As have attorneys on staff, CILs generally do not).

A list of CILs (over 350 nationwide):

http://www.ilru.org/html/publications/directory/index.h...

and of P&As:

http://www.ndrn.org/aboutus/PA_CAP.htm

(pull-down menu near bottom).
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Morrisons Ghost Donating Member (324 posts) Send PM | Profile | Ignore Thu Nov-20-08 10:17 AM
Response to Original message
9. Did she say this in front of anyone
Besides you? As shitty as this sounds it is her word against yours! You don't happen to live in an At Will state do you? If so you may have a problem!
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michreject Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-20-08 01:22 PM
Response to Reply #9
10. This doesn't help either
***I am the third marketing person (this position) she had let go in 3 months ***
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Morrisons Ghost Donating Member (324 posts) Send PM | Profile | Ignore Thu Nov-20-08 09:48 PM
Response to Reply #10
11. Wow!
I just realized you're from waterford! I grew up in Waterford! :toast: Still live about 5 minutes away as well!
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mrcheerful Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-01-08 08:13 PM
Response to Original message
12. Yeah I have a 10 years experience with getting fired or layed off from jobs
because of disabilities. I even had one school system fire me for not putting down on the app that I had a disability, though I was hired under a disabled program my state had in place at the time. Went to a lawyer and was told not a thing I could do about it, though if I get a rare form of lung cancer from exposer to asbestos I can sue. I was 1 day from getting into the school union and the union people tried everything they could to keep me on the job.

Sure there are laws that can be used but the problem is businesses have lawyers to get them around those laws. If theres no paper trail, no wittinesses then I also doubt suing will get you anywhere. It always killed me how if a business wanted to get rid of a disabled employee they always had a trick or two up their sleeve to make it legal or look legal.
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cabluedem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-30-09 09:36 AM
Response to Reply #12
25. Me too. If you tell them you have a disability you dont get hired. Catch 22. nt
Edited on Thu Jul-30-09 09:37 AM by cabluedem
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Cetacea Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-15-09 03:46 PM
Response to Original message
13. If I am not mistaken the Justice Dept. will provide free lawyer
You should contact your County or State Human Rights Department as they will take your case as well. Good luck.
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CountAllVotes Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-19-09 08:08 PM
Response to Original message
14. good luck
Edited on Mon Jan-19-09 08:30 PM by CountAllVotes
You'll need it.

I couldn't find a lawyer to represent me. I got the ax 6 weeks after my DX and I got so sick trying to fight THEM that I went blind and ended up bedridden for months.

I always get the evil glare in the parking lots using my handicapped sign. I don't give a shit frankly.

Let them walk one inch in my moccasins. Good ol' mom & pop that are old and need a sign have no right questioning why anyone, regardless of how they may appear, should have a legitimate placard for their car.

I hid my reality for years when I still worked, hiding my car here and there. In hindsight, I suppose I was a fool but then again I did it because I too was afraid just as you are. In the long run it obviously did not help my situation one bit. Oh well.

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boobooday Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-26-09 11:52 AM
Response to Original message
16. I heard that same thing as a diabetic once
Oh, if I had known I wouldn't have hired you. It definitely illegal.
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CollegeStudent01 Donating Member (10 posts) Send PM | Profile | Ignore Wed Jan-28-09 04:37 AM
Response to Original message
17. Take her to court
If you can prove that your disability wasn't interfering with your work, you can easily win a lawsuit.
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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-05-09 03:44 PM
Response to Original message
18. Call your lawyer
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loyalkydem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-07-09 04:36 PM
Response to Original message
19. HIRE YOURSELF A LAWYER
and sue the hell out of their assess
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fnofsports Donating Member (18 posts) Send PM | Profile | Ignore Wed May-13-09 06:08 PM
Response to Original message
20. To repeat what everyones saying..
Get a lawyer... this sortof situation scares the hell out of me being disabled and about to enter the workforce... just scary.
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LJC Donating Member (1 posts) Send PM | Profile | Ignore Wed May-27-09 11:36 AM
Response to Original message
21. LABOR Dept. Heal Thyself
I have been suffering from a disability for nearly 10 years now. I am on currently on disability with half pay, and the New York State DEPARTMENT OF LABOR where I am on disability from (worked there close to 30 years) is the one trying to terminate me so as I will not have my health benefits. I have filed with EEOC. DOL violated and ignored the fact that I filed charges and attacked me again. I refiled with a retaliation. EEOC is overworked with a heavy backload. Furthermore, Barrack Obama (whom I have great faith and doesn't know this) is hiring NYSDOL's Commissioner Patricia Smith to be the USDOL's Solicitor. Nothing good is going to come of this.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-16-09 05:11 PM
Response to Original message
22. DO NOT GET A LAWYER
Edited on Tue Jun-16-09 05:15 PM by elehhhhna
Talk to the EEOC about filing a discrimination claim, immediately. It's free to you and they will investigate -- and you'll get a settlement, probably.

i JUST RE=READ YOUR OP & THAT eeoc PANNEL SHOULD TALK TO YOUR HUSBAND AS WELL.
oops about the caps
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Whistleblowerjustice Donating Member (8 posts) Send PM | Profile | Ignore Sat Jul-25-09 01:14 PM
Response to Original message
24. Justice for ALL!!!


There is no justice for Whistleblowers in America, especially for Active duty military service members. Who Im sure is exposed to military corruption everyday with all our taxpayers dollars going towards military defense or bailing out corrupt companies in the U.S.

Take a look at this video and you will see that even our own military would rather engage in a cover-up than to uphold a person's legal right. http://www.10news.com/investigations/20135300/detail.ht...

Mr. Holder, when are you going to hold Federal Agencies accountable for protecting the rights of Whistle Blowers and when is congress going to pass better legislation to ensure their rights are protected? Primarily the rights of our Veterans!!!

MilitaryCorruption.com

"POUND HER INTO THE GROUND" - VINDICTIVE
NAVY BRASS SET TO THROW FEMALE LCDR
WHISTLEBLOWER OUT OF MILITARY - SYNEEDA
PENLAND CONVICTED OF ADULTERY AND SENT
TO BRIG - OFFICER ONLY EIGHT MONTHS FROM
RETIREMENT - NUDE PIX USED TO HUMILIATE
AFRICAN-AMERICAN - 38 YEAR-OLD WOMAN
ILL - BEING TREATED BY CHEMOTHERAPY

By MAJ GLENN MacDONALD
U.S. Army Reserve (Ret.)

2009 MilitaryCorruption.com
With all the subtlety of a pack of wild dogs chasing a wounded deer across an open field, the Navy brass are out to destroy the life and career of a minority female officer who blew the whistle on contractor fraud.

Lt. Cdr. Syneeda Penland has been informed the Navy intends to kick her out of the military as of July 31, just eight months short of the former enlisted woman qualifying for an active-duty retirement pension.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Tue Aug-18-09 11:45 PM
Response to Original message
26. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
DollyM Donating Member (837 posts) Send PM | Profile | Ignore Thu Sep-17-09 03:56 PM
Response to Original message
27. UPDATE!! KARMA CATCHES UP . . .
I posted this original post nearly a year ago. A couple of weeks ago I heard that the person who fired me and her toadie, were both fired! Karma is sometimes our friend isn't it! I hope they both cannot find jobs, they don't deserve them.
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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-11-10 02:26 AM
Response to Reply #27
30. YAY!
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marcicj Donating Member (13 posts) Send PM | Profile | Ignore Sun Jan-10-10 05:28 PM
Response to Original message
28. Do you have an HR Department
How about an update??
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DollyM Donating Member (837 posts) Send PM | Profile | Ignore Mon Feb-15-10 09:55 PM
Response to Reply #28
31. here is an update . . .
I have been working four months now at a nursing home about 4 blocks from my home. They actually called me and offered me a job, I didn't even apply for one, the director just had an opening and knew my work was quality so she called and offered me a job. It is part time but it is at least a foot in the door and I do feel loved and appreciated there, disability and all. I did tell the HR person at the time of filling out the employment paperwork that I had a disability, thereby giving them the option of deciding whether to keep going with the hiring process or not. I told her of my experience with the previous employer and she looked at me and said "they can't do that, it's illegal!" I smiled at her and said, your right, it is, but I am in a better place now" and she smiled back and me and all has been well ever since. I did have a friend who is with the state Rehabilition Services department, put me on her caseload so she can "monitor" my job progress in case there is ever an issue, she will go to bat for me.
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butterfly77 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-10-10 08:25 PM
Response to Original message
29. I always email the whitehouse..
and my senators and other representatives about job discrimination,and other issues related to people with disabilities,me and some friends of mine.

We also send emails to Biden and other officials about homelessness,and housing for people with these issues. If we all do this and tell others they will can't help but pay attention...
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