Question:
According to the ADA (American Disability Act, of which Lupus is listed), an employer isn’t allowed to force you to make up time lost for a dr appt, hospital stay, etc. My employer of 13 yrs consistently tried to make me work overtime to make up for an appt, and my doc was telling me that I had to work parttime or quit or I could die. He even sent them a letter. I worked the day that I was admitted to the hospital for respiratory failure. Don’t know how but I was trying to prove myself. STUPID. Then there was a girl in our dept who partied with the boss; she missed sixty some days a year and got away with it. These were paid sick days by the way. I got a bonus for perfect attendance. Candi
Response:
"Candi Bowen" <reen…@neo.rr.com> wrote in message <news:Q4n5b.34102$l41.8528993@twister.neo.rr.com>… > It is absolutely illegal for them to fire you for any illness, yes, you can > sue them. In my case, my employer made life so miserable, I was in a > constant flare so I had to quit. I had documentation out the wazoo that they > had violated many ADA laws & took it to an atty; she agreed but said I had > no case UNLESS I was fired. I wonder what the laws are there for. > Candi
That is what has happened to me. She made my life very miserable. I have docume ntation, but the company wouldn’t give me any of my files. So I’m stuck. What kind of documentation did you have? What did you tell your lawyer? I went to work everyday because the company fired 2 people this year when they went on medical leave. Mike
Response:
Candi Bowen wrote: > According to the ADA (American Disability Act, of which Lupus is > listed), an employer isn’t allowed to force you to make up time lost > for a dr appt, hospital stay, etc. My employer of 13 yrs consistently > tried to make me work overtime to make up for an appt, and my doc was > telling me that I had to work parttime or quit or I could die. He > even sent them a letter. I worked the day that I was admitted to the > hospital for respiratory failure. Don’t know how but I was trying to > prove myself. STUPID. Then there was a girl in our dept who partied > with the boss; she missed sixty some days a year and got away with > it. These were paid sick days by the way. I got a bonus for perfect > attendance.
Also, if anyone *intentionally* causes stress who knows you have Lupus and that stress can cause a flare, that person will be considered as causing harm just as if they were assaulting you. This includes harassment of many types, phone calls (especially ones at odd hours with hang ups or strange noises) email, usenet postings, telling others who may not know that you have Lupus, laughing at your condition, and many other acts that would merely be annoyances to one without the disease. There have been several cases, including a divorce where the woman’s husband tried to get her into a major flare that would kill her, and one where someone decided it would be "fun" to harass a young lady to see if they could bring on a flare. The ADA has made Lupus awareness better, but we all still need to try our best to spread the word. October is Lupus awareness month – send your local newspaper the PR piece the LFA puts out – /please/.
Response:
the place I worked for was a drs office. He thought he was a god..not… He knew I had lupus and still made my life a living hell. I took a few days off last year when I was in a flare and whammo next day he fired me.. he said he did not like the fact that I was so ill. I also found out that he did also fire me because of my weight issue..I am not that big..just delighfully plump. I did want to sue his pants off but I did not want to put out that much energy and stress on that low life..he will get his in the end.. I am a firm believer in what comes around goes around. "mr mike" <ad…@foxvc.com> wrote in message
news:c1c5849e.0309031143.ce6d44d@posting.google.com… > "Candi Bowen" <reen…@neo.rr.com> wrote in message
<news:Q4n5b.34102$l41.8528993@twister.neo.rr.com>… – Hide quoted text — Show quoted text -> > It is absolutely illegal for them to fire you for any illness, yes, you can > > sue them. In my case, my employer made life so miserable, I was in a > > constant flare so I had to quit. I had documentation out the wazoo that they > > had violated many ADA laws & took it to an atty; she agreed but said I had > > no case UNLESS I was fired. I wonder what the laws are there for. > > Candi > That is what has happened to me. She made my life very miserable. I > have docume ntation, but the company wouldn’t give me any of my files. > So I’m stuck. What kind of documentation did you have? What did you > tell your lawyer? I went to work everyday because the company fired 2 > people this year when they went on medical leave. > Mike
Response:
- Hide quoted text — Show quoted text -nrclif…@aol.com (Nicole Clifton) wrote in message <news:e9bd925a.0309081444.44fb0671@posting.google.com>… > My first job (had during dx of lupus) was unfortunately right before > the ADA and I lost my job because of my illness and they didn’t even > try to hide it. I lost my apartment, my health insurance, my car, as > well as my health. I went for 8 years without health insurance because > I was a dx marked woman and did not work at a company large enough to > carry group insurance. I played the major float game with healthcare > mostly in pro med clinics because I could afford them and ERs. NOT A > GOOD IDEA. > Anyway, I am off track,I have lost several jobs because of my illness > and symptoms so much for the protection that is suppose to be out > there for us folks who are ill and trying to work. Of course some of > my troubles with illness and job could have been that I worked in > staffing and hr AND LET ME TELL YOU THOSE PEOPLE KNOW HOW TO > MANIPULATE THE SYSTEM AND LAWS! > I have not been able to work now for over 3 years 
> Nicole C. in Austin YALL
Just as a follow up I did file a charge with the EEOC and they accept the case. I’ll keep everybody updated Mr Mike – Hide quoted text — Show quoted text -> ad…@foxvc.com (mr mike) wrote in message <news:c1c5849e.0309010519.43c485cc@posting.google.com>… > > I wanted to find out if anyone else has been fired because of lupus.
Response:
In article <Q4n5b.34102$l41.8528…@twister.neo.rr.com>, Candi Bowen <reen…@neo.rr.com> wrote >It is absolutely illegal for them to fire you for any illness, yes, you can >sue them. In my case, my employer made life so miserable, I was in a >constant flare so I had to quit. I had documentation out the wazoo that they >had violated many ADA laws & took it to an atty; she agreed but said I had >no case UNLESS I was fired. I wonder what the laws are there for.
Do you have in USA any equivalent of the British "constructive dismissal"? That’s conduct so awful that you have to leave, but you can then go to court etc as if they had fired you. — Andy [Chair, N E Lupus Group] See http://www.kitzbuhel.demon.co.uk/lupus for more!
Response:
My first job (had during dx of lupus) was unfortunately right before the ADA and I lost my job because of my illness and they didn’t even try to hide it. I lost my apartment, my health insurance, my car, as well as my health. I went for 8 years without health insurance because I was a dx marked woman and did not work at a company large enough to carry group insurance. I played the major float game with healthcare mostly in pro med clinics because I could afford them and ERs. NOT A GOOD IDEA. Anyway, I am off track,I have lost several jobs because of my illness and symptoms so much for the protection that is suppose to be out there for us folks who are ill and trying to work. Of course some of my troubles with illness and job could have been that I worked in staffing and hr AND LET ME TELL YOU THOSE PEOPLE KNOW HOW TO MANIPULATE THE SYSTEM AND LAWS! I have not been able to work now for over 3 years Nicole C. in Austin YALL – Hide quoted text — Show quoted text -ad…@foxvc.com (mr mike) wrote in message <news:c1c5849e.0309010519.43c485cc@posting.google.com>… > I wanted to find out if anyone else has been fired because of lupus.
Response:
———- In article <c1c5849e.0309031143.ce6d…@posting.google.com>, ad…@foxvc.com – Hide quoted text — Show quoted text -(mr mike) wrote: >"Candi Bowen" <reen…@neo.rr.com> wrote in message ><news:Q4n5b.34102$l41.8528993@twister.neo.rr.com>… >> It is absolutely illegal for them to fire you for any illness, yes, you can >> sue them. In my case, my employer made life so miserable, I was in a >> constant flare so I had to quit. I had documentation out the wazoo that they >> had violated many ADA laws & took it to an atty; she agreed but said I had >> no case UNLESS I was fired. I wonder what the laws are there for. >> Candi >That is what has happened to me. She made my life very miserable. I >have docume ntation, but the company wouldn’t give me any of my files. >So I’m stuck. What kind of documentation did you have? What did you >tell your lawyer? I went to work everyday because the company fired 2 >people this year when they went on medical leave. >Mike
Mike, I was taking my documentation home for at least 2 years; commendations, performance records, bonusus, awards, many nasty emails, etc. so I had proof that it wasn’t a performance issue. I took all of that to the attorney. They fired 2 people? Is this a large company? No, you’re not stuck. They have to legally provide records, and if they try to falsify, which they sound dumb enough to do, in a court of law, it’s your word against theirs, which in your case, sounds very detrimental to them. Candi
Response:
I am apalled that this sort of thing still happens. I will be posting extensive information about the laws that help to protect us from things like this and give us due process when it does occur. There are three laws that are very important to know: The Americans with Disabilities Act of 1990, ADA The Rehabilitation Act of 1974, Also called the Voc Rehab Act Your state’s labor and industry discrimination/workplace harassment act. Most states have these and they vary by state, but if I know which state you are from, I can give you more information. I’m not a lawyer, but I have had extensive training related to disability employment issues and at the very least, I may be able to give you some information to take to an attorney. I’ll try to get this information up today, but I’m in a flare myself so it might take a little longer. Someone asked "How do you bring it up in your interview?" My suggestion is simply to tell them. Before I was dx’d with an illness, I had two children with significant disabilities that required me to take time off for appointments, etc. When interviewing, I just told them the situation. Sometimes, it will scare them away, but honestly, if it is a company that does not want to work with you on your personal life, or a company that views work as more important than your health or your family, why would you want to work for them? We always have to remember that stress is bad for us–very bad–and where we work plays a huge role in how many flares we have (IMO). When talking to a prospective employer, be honest with them. Give them details about lupus because many people don’t really understand what it is or what it means. Let them know that you are able to do the work. Let them know if you need any accomodations, and if you get the job, request a 504 plan. I’ll write more on that in the disability employment post. Good luck to all of you. Larina "mr mike" <ad…@foxvc.com> wrote in message
news:c1c5849e.0309010519.43c485cc@posting.google.com… – Hide quoted text — Show quoted text -> I wanted to find out if anyone else has been fired because of lupus.
Response:
Mair wrote: > How can someone fire you because you have lupus? Did they say "you have > lupus, bang, you’re fired"? Or was it performance related? > Also, I used to try to hide the fact that I had lupus, but on the last four > jobs I have had, I made sure that they *knew* I had lupus when they hired > me. > I wish you luck with your case. > Mair
<snip> How do you bring up your dx at an interview? I’m going to be doing a lot of interviews for full time jobs after this year, and I have absolutely no idea how to bring this up without scaring them away from me. -Sharon — "Don’t make me come down there…" -God
Response:
It is absolutely illegal for them to fire you for any illness, yes, you can sue them. In my case, my employer made life so miserable, I was in a constant flare so I had to quit. I had documentation out the wazoo that they had violated many ADA laws & took it to an atty; she agreed but said I had no case UNLESS I was fired. I wonder what the laws are there for. Candi
Response:
- Hide quoted text — Show quoted text -Sharon <noway…@hotmail.com> wrote in message <news:bj3ii8$f251h$2@ID-163463.news.uni-berlin.de>… > Mair wrote: > > How can someone fire you because you have lupus? Did they say "you have > > lupus, bang, you’re fired"? Or was it performance related? > > Also, I used to try to hide the fact that I had lupus, but on the last four > > jobs I have had, I made sure that they *knew* I had lupus when they hired > > me. > > I wish you luck with your case. > > Mair > <snip> > How do you bring up your dx at an interview? I’m going to be doing a > lot of interviews for full time jobs after this year, and I have > absolutely no idea how to bring this up without scaring them away from me. > -Sharon
NO it was a performance issue at all. I have been with the company for 26 years and have a flawless work and attendance record. The problem was with my boss who is the cfo of the company. She refused all of my request for equipment, software and never gave the tools to do my job, which added stress, made me sicker and then the Exective Director felt that I should be fired, because he was not aware that my request where being denied. Mike
Response:
I wanted to find out if anyone else has been fired because of lupus.
Response:
me too and the fact that I wasnt a barbie doll..:o) "mr mike" <ad…@foxvc.com> wrote in message
news:c1c5849e.0309010519.43c485cc@posting.google.com… – Hide quoted text — Show quoted text -> I wanted to find out if anyone else has been fired because of lupus.
Response:
"RhondaM" <nos…@nospam.net> wrote in message <news:NhK4b.301$PS2.89@newssvr24.news.prodigy.com>… > me too and the fact that I wasnt a barbie doll..:o) > "mr mike" <ad…@foxvc.com> wrote in message > news:c1c5849e.0309010519.43c485cc@posting.google.com… > > I wanted to find out if anyone else has been fired because of lupus.
did you try to sue them? I’m trying to put together a case. Please let me know what you did. thanks
Response:
In article <c1c5849e.0309020411.5d7b3…@posting.google.com>, mr mike <ad…@foxvc.com> wrote >"RhondaM" <nos…@nospam.net> wrote in message ><news:NhK4b.301$PS2.89@newssvr24.news.prodigy.com>… >> me too and the fact that I wasnt a barbie doll..:o) >> "mr mike" <ad…@foxvc.com> wrote in message >> news:c1c5849e.0309010519.43c485cc@posting.google.com… >> > I wanted to find out if anyone else has been fired because of lupus. >did you try to sue them? I’m trying to put together a case. Please let >me know what you did.
And to avoid misunderstandings, say which state of which country you are in! — Andy [Chair, N E Lupus Group] See http://www.kitzbuhel.demon.co.uk/lupus for more!
Response:
- Hide quoted text — Show quoted text -Andy <a…@kitzbuhel.demon.co.uk> wrote in message <news:f6s9KMK59JV$EwdA@kitzbuhel.demon.co.uk>… > In article <c1c5849e.0309020411.5d7b3…@posting.google.com>, mr mike > <ad…@foxvc.com> wrote > >"RhondaM" <nos…@nospam.net> wrote in message > ><news:NhK4b.301$PS2.89@newssvr24.news.prodigy.com>… > >> me too and the fact that I wasnt a barbie doll..:o) > >> "mr mike" <ad…@foxvc.com> wrote in message > >> news:c1c5849e.0309010519.43c485cc@posting.google.com… > >> > I wanted to find out if anyone else has been fired because of lupus. > >did you try to sue them? I’m trying to put together a case. Please let > >me know what you did. > And to avoid misunderstandings, say which state of which country you are > in!
I live in Illinois.
Response:
How can someone fire you because you have lupus? Did they say "you have lupus, bang, you’re fired"? Or was it performance related? Also, I used to try to hide the fact that I had lupus, but on the last four jobs I have had, I made sure that they *knew* I had lupus when they hired me. I wish you luck with your case. Mair "mr mike" <ad…@foxvc.com> wrote in message
news:c1c5849e.0309020929.22e690ff@posting.google.com… > Andy <a…@kitzbuhel.demon.co.uk> wrote in message
<news:f6s9KMK59JV$EwdA@kitzbuhel.demon.co.uk>… – Hide quoted text — Show quoted text -> > In article <c1c5849e.0309020411.5d7b3…@posting.google.com>, mr mike > > <ad…@foxvc.com> wrote > > >"RhondaM" <nos…@nospam.net> wrote in message > > ><news:NhK4b.301$PS2.89@newssvr24.news.prodigy.com>… > > >> me too and the fact that I wasnt a barbie doll..:o) > > >> "mr mike" <ad…@foxvc.com> wrote in message > > >> news:c1c5849e.0309010519.43c485cc@posting.google.com… > > >> > I wanted to find out if anyone else has been fired because of lupus. > > >did you try to sue them? I’m trying to put together a case. Please let > > >me know what you did. > > And to avoid misunderstandings, say which state of which country you are > > in! > I live in Illinois.
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