I went out on short term diability May12th. Had an ankle surgery that my doc says I will likely be out till aug 8th. This was approved my insurance and the company and was scheduled so everyone was aware of it. On May 25th I was fired for "pleading guilty to driving without a license". So while I am off on short term, and unable to work I am terminated for supposedly being convicted. The problem is This arrest was in may of 2010, which they new about before I was hired, and the conviction date was on march 25th 2011. Two months ago. So is the company just ditching me over my insurance disability . Why wait 2 months to fire me, better yet why even hire me knowing i have the pending charges...any opinion or link me to the right people for legal action...
When I was hired I told my employer I had recently had a knee surgury and both my knees has issue. I told him and the manager in the hiring interview. I was told to walk the shop to see if it would work for me, I saw the shop had chairs. After about 5 weeks the owner demanded all the chairs be removed. I stated to him that because of my kneee injury issues I needed a place to sit when inbetween jobs. He granted me permission to bring my chair back in. When I did, the following morning when I arrived my personal chair was in the dumpster. Two days later I was fired.. I have witnesses to these actions and a reference letter from the employee that worked there the longest,10 years stating these facts. Tho I am not labled disabled I did state my issues upfront in the interview. This company I worked for is a franchise of Union 76 gas stations and I'm sure they have a policy but I was never given any hiring material. Do I have any legal rights here. Thanks
WhoKnew, thanks for responding. I've been looking for myself and some other people on Aid Page. We need a helping hand. I'm not finding what we need. Again, Thanks for responding. ComputerGirl
in response to ComputerGirl...You would have to read each foundations guideline carefully to find out what they offer, to whom, and how to contact them. There are no set guidelines.
in response to whoknew...Dear Who Knew, do you know anything about the foundations who offer financial assistance to individuals in need. There's quite a list and they have millions of dollars to help out with. I can't see anyway to contact them (except snail mail). People write posts but do the foundations read the posts? Is that how to apply? Write them in snail mail to apply? What is the method? Please respond. This would help me out and other people whose stories I have read.
Sincerely, ComputerGirl
a customer that came into his store that needed help retrieving some items and taking her groceries to the car
According to the ADA - retail stores are required to make the items accessible to all customers. That is where, I think the store made its first mistake.
The second mistake is considering firing such a considerate employee - Provided your husband did not leave a register unattended or create another possible harmful situation by assisting the customer.
Customers are the lifeblood of EVERY business. If they cannot access the products for sale, why would they do business there? If a company has employees willing to go the extra mile to help their customers, they should be rewarded, not punished. It only makes good business sense.
Most businesses thrive on word of mouth advertising. Imagine what that customer will say to their friends when they talk about what your husband did for them. Now, your husband might think its nothing, but to that customer, I am sure it was a HUGE relief to get some assistance.
Now, imagine, if you will, what that customer will say to their friends if your husband gets fired for helping a customer. How many people do you think would do business with a company that cares less for its employees than it does for its customers?
Word of mouth advertising is very effective when used properly.
However, this is only my opinion. Check with the ADA for legal answers in this matter.
I think the ADA would be best to answer your question. From what I can see, there could be a fine line here and it all depends on the circumstances. But I did find some Q&A that might be able to shed some light on the situation.
Wow that's horrible that your going through this and right now i'm trying to look for answers to an issue my husband is facing. my husband doesnt have a disability that prevents him from doing his job, he's just a very contenious person and he had a customer that came into his store that needed help retrieving some items and taking her groceries to the car he gladly helped her and afterward was harrassed about his productivity being low and he should of not helped her. he stated his peace and thought it was done with, there currently in the process of trying to decide if there going to continue to let him work he had to write them a note and they didnt @ first want to accept his copy of the law that staes a business is suppose to accomidate there handicaped customers by retriving items that are inaccessable, they took the document with his letter but he is still in limbo waiting to see if he has a job. any legal advice would be most helpful shouldnt he be able to sue for being fired over helping a disabled customer?
in response to charisma1968...I am so sorry about what happened to you, Charisma. The answer is "no" it is not legal to be terminated because of a disability. The question is "Have you been able to perform the essential functions of the job?".. I don't mean on a particular day, but overall. That is a technicality of the Americans With Disabilities Act. If you are performing those essential functions and not having other issues at work that could warrent termination, then you would have a case for a lawsuit under the ADA (provided you follow-up & get proper documentation from your doctor). You should consider talking to an ADA attorney. Check the internet for ADA attorneys in your area. You want one who knows the ADA & handles those cases to get a good idea of how to proceed. Many will do it on a contingency basis, meaning they don't get paid unless you win. I hope this will help you. I used to be an Advocate at a non-profit that worked with people with disabilities, so I am very familiar with this issue.. Best wishes.. Hang in there!
I was just fired because I had a seizure and missed work. My boss will not listen to me and told me that I no longer have a job. She has let others miss work for driving conditions,etc... After I have a Grand Mal, I am seriously out of it for a couple of days. I couldn't even remember what I do at my job. I am on medication, but due to the stress of this job and my life lately, I have been having break through seizures. Yes I have been diagnosed with epilepsy and I am a single mother and I just feel like bawling right now.
If you have been fired due to a disability, you may be able to file a complaint against your employer and you may be entitled to compensation.
The ADA - Americans with Disabilities Act - protects employees with disabilities. If your employer refuses to make reasonable accommodations to allow you to work, you can file a complaint with the EEOC - Equal Employment Opportunity Commission.
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