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Are Health Issues a Defense to Termination for Performance Issues

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  • 01-03-2015, 04:55 PM
    jlcrook
    Are Health Issues a Defense to Termination for Performance Issues
    My question involves labor and employment law for the state of: Kansas. After being withGGeorgia Pacific for 13+ years I was let go a week before Christmas because I failed to double check if two locks were on a machine. I had walked upon two employees working on said machine. Being graveyard shift n having a high blood glucose of over 270 I over looked double checking to see if these employees had both placed their locks on the machine. Being a union member I had volunteered to help the company fill a vacant shift supervisors position until they were able to find a replacement. My union did nothing to fight for my job! No one was hurt, I recognize my wrong but I feel betrayed. These people knew me. They knew I was a good employee that always followed the rules. Sadly sometimes my diabetes effects my decision making. Is there anything I can do?
  • 01-03-2015, 04:58 PM
    Dogmatique
    Re: Type 1 Diabetic Loses Job of 13+ Years After a Poor Choice is Made with a High Su
    File for unemployment.

    Even if you had FMLA, it does not protect you from being fired for making a mistake.
  • 01-03-2015, 04:59 PM
    cbg
    Re: Type 1 Diabetic Loses Job of 13+ Years After a Poor Choice is Made with a High Su
    Of course not. Being diabetic doesn't give you a license to perform poorly. This is between you, your union and your employer. If your termination violates your union contract, then it's up to your union to address the issue. If it's not a violation of your contract, then that's it - it's not a violation of any law.

    This would actually be an ADA issue, not a FMLA one. But you're right, nonetheless - neither FMLA nor the ADA requires the employer to overlook poor performance.
  • 01-03-2015, 05:02 PM
    jk
    Re: Type 1 Diabetic Loses Job of 13+ Years After a Poor Choice is Made with a High Su
    since you are in a union, your first (required) steps would be to grieve this through your union. They are required to allow you to file a grievance and represent you.

    I do not know what your rules are but if you were in charge of safety and you failed to ensure the machine in question was locked out, it may be an unforgivable error. Your diabetes isn't going to get you such special treatment that you would be allowed to endanger the safety of yourself or others. While the ADA has requirements an employer provide accommodations to allow a disabled worker to perform their job, it never goes to the point of excusing actions that endanger the safety of anybody.
  • 01-03-2015, 05:02 PM
    jlcrook
    Re: Type 1 Diabetic Loses Job of 13+ Years After a Poor Choice is Made with a High Su
    Thanks, I have done this. Diabetes is not an excuse it sadly does effect all aspects of my life.
  • 01-03-2015, 06:21 PM
    Disagreeable
    Re: Type 1 Diabetic Loses Job of 13+ Years After a Poor Choice is Made with a High Su
    Find another job with less mental responsibility and physical abilities you are capable of completing. I was a successful Asset Accountant, then due to disability became a middle manager, then due to failing ability became a union truck driver, then due to failing ability have been reduced to fighting for SSDI with a family who doubts my sanity and has little question about how much extraneous abilities I have left. As a matter of fact, I just laid in the back seat of my wifes work car sounding the emergency alarm to get someone to help me up from the back seat where I was unhooking the seat covers to fix the broken front seat cushion. BTW, I used to rebuild and install engines. Talk about a fall from grace.
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