Results 1 to 4 of 4
  1. #1
    Join Date
    Jan 2007
    Posts
    3

    Default Disability After The Fact

    I live in Florida, an "at-will" state. In another thread I asked about a decision that I had to make concerning resignation vs. termination. I refused to resign and was told that the 'case' would go before a management review board. It took another couple of weeks for the review board to meet because I responded with both a statement defending my actions as well as a disclosure of a psychiatric disorder that may have affected my conduct. I also applied for Intermittent FMLA to undergo periodic treatment (medication checks and counselling).

    There are a number of really complicated events, so please bear with me!

    A key issue is that I was discharged for an issue related to conduct involving misuse of computer resources and charging excessive personal time while on the job. As soon as the meeting with HR during which I was given the resign/termination choice was over, I immediately contacted our EAP counselor, discussed my disorder, and asked what to do. She said I should ask for a period of probation to undergoe treatment in order to demonstrate that the conduct would be acceptable with treatment and reasonable accommodations. That request was denied and I was terminated - on the same day that they approved my FMLA!

    That day, I also started thinking about all of the events of the prior 4-6 months since a new manager took over our group. Last October I met with our company's diversity officer to discuss possible age (I'm 55) and gender discrimination in our work group. I was told that the situation would be reviewed. I was never told of the findings of of that review.

    Today, I wonder if the result of that allegation of age/gender discrimination resulted in retaliation in the form of increased survelliance of my 'conduct'. I suspect that my computer use was within the norm for my workgroup.

    So... plenty of questions here. Was there retaliation? Should my disability (even disclosed after the fact) have been considered?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Disability after the fact

    An employer doesn't have to accommodate a disability that it does not know exists.

    Also, I am not aware of any condition where "reasonable accommodation" would include letting the employee use the company computers for personal matters while "on the clock".

  3. #3
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Disability after the fact

    I agree with the previous responder. An employer has no obligation to accommodate a disability of which it is unaware. Reasonable accommodation is always prospective. Further, an employer does not have to excuse misconduct resulting from a qualified disability unless it does so for those who are not disabled.

    What makes you think that the individual(s) who fired you was aware of your discussions with the diversity officer? What makes you think that you were under increased surveillance? You can certainly ask your co-workers if they misused computer resources and charged excessive personal time while on the job and did it as frequently as you did. However, I doubt that anyone is going to admit to it.

    It appears that you engaged in the behavior for which you were terminated. Unless you are aware that management was aware of someone who behaved similarly, and was not fired, there is no indication of discrimination. And for that discrimination to be illegal under the EEO statutes, that person who wasn't fired would have to be not in your protected groups.

  4. #4
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Disability after the fact

    Wow I thought I was bad

    1. Sponsored Links
       

Similar Threads

  1. Defenses: Defense After the Fact
    By KeyWestDan in forum Civil Procedure
    Replies: 2
    Last Post: 04-08-2011, 03:43 PM
  2. Harassment: Short-Term Disability Denial, FMLA and Age or Disability Discrimination
    By pigsinablanket in forum Employment and Labor
    Replies: 4
    Last Post: 03-05-2011, 02:26 PM
  3. Parking Tickets: Parking Ticket After the Fact
    By mistiesmemorial in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 01-05-2009, 08:18 AM
  4. Retail Fraud / Shoplifting: Prosecution of Shoplifting Well After The Fact
    By Tomcat in forum Criminal Charges
    Replies: 4
    Last Post: 01-20-2008, 06:06 PM
  5. DNA Testing After the Fact
    By VAS-1996 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 09-20-2006, 12:06 PM
 
 
Sponsored Links

Legal Help, Information and Resources