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Laid Off After Becoming Disabled

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  • 05-22-2008, 10:37 PM
    mark120472
    Laid Off After Becoming Disabled
    My question involves labor and employment law for the state of: CA


    I was working at a company recently where I became disabled while on the job, I notified the human resources department, they had a nurse come check me out and document my illness. The whole time I was seeing docotrs and talking with my manager. I went back to the Human resourse department and asked about going on disability because I could not function. They told me it was not for professionals and humiliated me in front of 2 other people. My manageer told me I would have to start working part time because we couldn't go on like this. I refused and kept showing up for work while trying to get some kind of diagnosis. THey laid me off two months later. We had LTD coverage. My income was pretty substantial and woulda had 66% of my income for any disability I now have figured out. Am I out of luck and have no recourse?
  • 05-23-2008, 07:22 AM
    cbg
    Re: Laid Off After Becoming Disabled
    Do I understand that you were unable to perform the essential functions of your job?
  • 05-23-2008, 07:25 AM
    cyjeff
    Re: Laid Off After Becoming Disabled
    What is the nature of your disability and were others laid off at the same time?
  • 05-23-2008, 09:52 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting cbg
    View Post
    Do I understand that you were unable to perform the essential functions of your job?

    This is correct. My job was using the computer 80% of the time. the computer was making me so ill (dizzy and nausiated) when using day in and day out for so many hours I could not function. I could no longer do my job. Everybody in my group could tell I was having great difficulty.
  • 05-23-2008, 09:56 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting cyjeff
    View Post
    What is the nature of your disability and were others laid off at the same time?


    I have had chronic fatigue syndrome for 15 years. However, while working for this company I developed veritgo to go with it thats prevents me from working. My boss asked me a couple of day before laying me off if I had got in to see another neurologist. Yes others were laid off at the same time.
  • 05-23-2008, 10:11 AM
    cyjeff
    Re: Laid Off After Becoming Disabled
    If others were laid off at the same time, it will be difficult to prove that you wouldn't have been laid off with or without your disability.

    Being on a disability does not give you more rights than anyone else... you get the same ones as everyone else.

    In other words, if you would have been laid off anyway, having a disability won't prevent it.
  • 05-23-2008, 10:46 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting cyjeff
    View Post
    If others were laid off at the same time, it will be difficult to prove that you wouldn't have been laid off with or without your disability.

    Being on a disability does not give you more rights than anyone else... you get the same ones as everyone else.

    In other words, if you would have been laid off anyway, having a disability won't prevent it.

    I was dizzy and nausisated. My disability affects my ability to make decisions. I asked human resources to go on disability and was told that is not for professionals. My boss threatened to make me work part time because of my disability.
  • 05-23-2008, 11:54 AM
    cyjeff
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting mark120472
    View Post
    I was dizzy and nausisated. My disability affects my ability to make decisions. I asked human resources to go on disability and was told that is not for professionals. My boss threatened to make me work part time because of my disability.

    I read it when you wrote it the first time.

    First, employers are required for certain disabilities covered under ADA to make reasonable accomodations. We have not established whether this disability is covered under ADA and, further, what reasonable accomodations you think should be made.

    Second, if you were going to be laid off without the disability, you can still be laid off WITH the disability. Even the ADA only requires that employers treat employees equally... disabled persons do not get special treatment above that of regular employees.

    What did you propose as an accomodation? In other words, what could the employer have done so that you could continue to do your job?

    Just know, however, that not all jobs have appropriate accomodation. In the same way that an airline pilot that develops blindness cannot be accomodated, you may have a set of circumstances that are equally exclusive.
  • 05-23-2008, 01:23 PM
    mark120472
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting cyjeff
    View Post
    I read it when you wrote it the first time.

    First, employers are required for certain disabilities covered under ADA to make reasonable accomodations.

    What did you propose as an accomodation? In other words, what could the employer have done so that you could continue to do your job?

    Just know, however, that not all jobs have appropriate accomodation. In the same way that an airline pilot that develops blindness cannot be accomodated, you may have a set of circumstances that are equally exclusive.

    They suggested some other positions that had a bunch of computer use in customer support. I spoke to one of the managers, a couple weeks later, and the position was filled. I came back to HR and they said "sorry you don't have a degree, do you Mark" We don't have anything else.

    I spoke with my Boss at the time and told him I was considering trying to get a job with another manager. later that afternoon I saw the two outside the conference room talking one on one. Typical style of my boss to interfere in others business. The manager my boss spoke to never treated me friendly after that.

    HR said tweak your computer screen or try sunglasses to accomodate the dizzyness. Tried sunglasses didn't work.

    X T
  • 05-23-2008, 05:25 PM
    cbg
    Re: Laid Off After Becoming Disabled
    Please answer the question directly.

    What do you think the employer should have done to accomodate you in doing your job?
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