Quit of be fired...***FINAL Update 3/31***

Re: Quit of be fired...

I am a lawyer but not that kind of lawyer. I know enough about the law to know that if they are messing with you about attendance you may have an ADA issue. You should also request reasonable accomodations from the HR department, that is probably what is going on there because they recognize the issue.

HOWEVER, THEY MAY BE MORE INTERESTED IN COVERING THEIR OWN HYNIE THAN PROTECTING YOU.

Ask for these things in writing so it is in your file. Keep a copy, with notes of who you gave it to and when.

If it were me, I'd make them fire me. I would then trot myself down to my EEOC office as well. The beauty of filing a complaint with them is they investigate it for free and give you a "right to sue" letter if they think you are wronged. It is then very easy to find a lawyer to take a case with a right to sue letter.

Writing a protest letter to the company will accomplish nothing. As a supervisor where I work, even I know you cannot fire someone for health issues. It really is as simple as that. I am 90% certain this is a feeble attempt to get you to waive certain legal rights, even tho I don't know any of the parties. If it smells like a fish, it is a fish.

I would always advise anyone to talk to a lawyer knowledgeable in employment law, and one that represents plaintiffs (people like you) and not defendants (companies). Some do represent both, but before you drive to see them ask them what kind of cases they handle (do they handle ADA cases) and which side do they represent (plaintiff or defendant or both).

Most of these lawyers seek the fee from the company, not you. They won't usually take the case unless they think they have a decent chance of winning and getting paid.

I know this may not be the advice for you, but it might be good for someone else reading this. By the way, it is not legal advice but advice from a fellow sufferer who happens to be a lawyer. In law school they teach us that if we don't know the answer, recommend the person see a lawyer who does. I'm very aggressive. I know companies don't care (if they cared they would be working with you).

I don't buy into the whole "its better to quit than be fired". I certainly, however, respect your opinion on how to live your life.

There are laws to protect us. The ADA and the FMLA are very powerful tools to protect us.

Finally, and you may not want to do this either, if it were me they were telling this to, I'd be telling them that I wanted to consult with an employment attorney before I made my decision, and would you be so kind as to put all of this in writing so I can properly explain my situation to that attorney.

Chances are, they won't put it in writing. Steak dinner bet on that. But it will either shock them into behaving or let you know they don't really care about you.

Just my 2 cents.

edit: I'd also ask the HR for leave under the FMLA to allow you to receive treatment or simply get some rest which might enable you to better your attendance in the near term. I had to fight 10 years ago to get FMLA from my employer when my wife had a serious health condition.

Ask your doctor if your problems qualify under the definitions in the fmla. Ask the HR dept for the FMLA forms to take to your doc.

My advice is, do not go easily into that good night. Don't let them push you around and get rid of you simply because that is easiest for them.

Again, Just my two centavos.

 

Re: Quit of be fired...

Groovemastergreg, that was a great post! I'm sure it will help some of us. I don't trust companies much and recently had a bit of a time when I broke my arm/wrist at work. They were bugging me to come back to work the next day! Found out later they didn't need me-it was a matter of not paying sick pay...

We all need to read your kind of advice because it arms us with knowledge BEFORE things begin to happen. We all need to know our rights and take care of ourselves in these situations. VK

 

Re: Quit of be fired...

I'm so beyond pissed right now at the receptionist. I'm copying this from another board that I'm part of that's not related to MM so skip what you know or I've already told you.

Seriously, I don't get how this one person at my doctor's office is still employeed; she's a receptionist. I've been dealing with a medical issue for quite a while now and it's gotten to the point where my job is in jepordy. So my job told me to get a statement from my doctor about my situation and they'd see what they can do to accomidate me. I wrote a letter and faxed it to the doctor explaining everything I needed from him. As soon as it was faxed, I called to make sure they got it, which the did. I followed up on it the next day making sure the doctor himself had gotten it because it is an urgent matter. I followed up on it again today and the receptionist very rudely told me, "they're working on it. we told you we'd call when it was done." and hung up on me! This was in the morning. So, I get home from work and there's a message on my phone from the same receptionist telling me, "the doctor won't write any letters until we receive a payment of $35." Um hello, shouldn't you have told me last week when I first started this process?!?!?!?! I'm gonna call in tomorrow and let her have it; I'm sooooooooooo mad! I even asked her each time I called if there was anything more I needed to send them because my job is in serious jepordy right now. Like, if this doesn't get handled ASAP, I could possibly be out of a job as early as next week! And they know this!!!!!!!

 

Re: Quit of be fired...

So sorry to hear about your latest troubles. I know that's all you need right?! I'm substitute teaching right now and it amazes me how many people with permanent positions at the schools hate kids! I just can't stand when people who are very lucky to even have a job right now are still rude to the people they are being paid to help! She probably won't care that she is affecting your life, but it will definitely make you feel better to vent...and her supervisor, or the doctor might care about her behavior! Then she'd care! I sincerely hope this all works out for you! Please keep us updated!

 

Re: Quit of be fired...

damn, i'm sorry to hear how you were treated. It is a real pain when people like that treat others in that manor. I had the same situation where i needed a copy of the last visit for work, called the doc and the receptionist was very accommodating. all she needed was a written request from me. 20 minutes later, it was faxed back. I wish you the best of luck in getting the matter straightened out

 

Re: Quit of be fired...

There is no excuse for that.

 

Re: Quit of be fired...

Whit - I quit my ENT 's office for the very same reason. I had a horrible experience with a vertigo attack and my husband and they should have sent me to the ER but were SO rude to my scared husband and I was STUCK in my office for 5 hours! It was awful. Loved the Dr but HATED the staff and unfortutantly for me I have to deal with the staff more. So I fired him. I hope you are doing better and have made a decision that is right for you. As my mom is at my house all the time now, I understand how your mom wants you to move home. It just sucks. I have a 7 1/2 month old so I need someone there with me a lot. SUCKS.

On a random note: I want to get another tattoo. But I am afraid that the stress on my body will cause an attack. Have you had this experience?

Keep us posted on everything.

 

Re: Quit of be fired...

And of course, I'm now sitting here playing the "waiting for a callback" game. Called as soon as they opened, have to leave for work in a little over an hour. Dollar to a dime they'll call while I'm at work and we'll play phone tag for the next few days, thus getting nothing accomplished!

 

Re: Quit of be fired...

Sorry Candy, I totally looked over your question about the tattoo. I did not have any problems while getting mine and it took 2 1/2 hours, but I do suggest taking a valium or something if you're worried about it. I did just that before going in.

 

Re: Quit of be fired...

Whit I feel your pain here. I was a Marketing manager for a very large cosmetics company and I was slipping in every aspect of my game. It came down to the point of where I knew I would be fired if I didn't quit. Due to my ability to perform at the level they needed me to. They weren't firing me because of what I have going on they were going to fire me due to my lack of performing at the level I needed to keep my job. It was something that I had to decide for myself and as hard as it was and how much I loved my job I had to let go.
Now I work from home though and I am a freelance writer. I enjoy it but I also miss the money from my last job. I hope everything works out for you...

 

Re: Quit of be fired...

UPDATE!!!!!!!!! The doctor's letter has reached my work. Now it's all up to fate. Please keep your fingers crossed!!!!!!!!

 

Re: Quit of be fired...***Update 3/25***

I've got my fingers (and toes) crossed for you.

 

Re: Quit of be fired...***Update 3/25***

I think of you daily! And you are in my prayers. I am interested to find out how this all goes.

 

Re: Quit of be fired...***Update 3/25***

Fingers and toes crossed! Lisa

 

Re: Quit of be fired...***Update 3/25***

you need to do what you feel is right ...and besides do you want to go and work for a company that you are taking to court...sorry to hear about all this stuff Is ther any way you can apply for dissability..............I no we don't have it here in canada but some people get it

 

Re: Quit of be fired...***Update 3/25***

Keeping my finger crossed I am sending some fairy dust your way************************

 

Re: Quit of be fired...***Update 3/25***

Bump for Ava

 

Re: Quit of be fired...***Update 3/25***

Fingers and toes cross and braided my hair too... ;D

 

Re: Quit of be fired...***Update 3/25***

UPDATE 3/27~~~~~~~~~

They are going to work with me!!!!!!! 95% chance my job will not be lost!!!!!! I'll have the final word on Monday or Tuesday, but it looks good!!!!!

 

Re: Quit of be fired...***Update 3/27***

Good news! All those crossed fingers, crossed toes and braided hair must have helped. You just keep on fighting the good fight!
katz