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Canyou get fired..............


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Technically?  No.

How well are you doing your job?

Do you have any problems getting along with coworkers and supervisors?

What are legitimate reasons they can use to fire you?

- Late for work. (they can use those 5 minute things)

- Late return from lunch (ditto)

- making personal phone calls

- missing deadlines (they can always give you more work than you can acomplish)

- Poor performance (accounting error however small, estimate or quote errors, missing pages from documents, whatever)

- Missing work and not calling (those days when you are an hour late cause your meds zombified you)

- Missing too much work (minor things like doc, Pdoc, Tdoc, tests, etc)

Bottom line: If they want to fire you they can trump up enough stuff to can you.  Its done all the time with normal people too.

A.M.

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For three years, they'll have to tread rather lightly if they're smart--even in a Right to Work state.  Knowing your mental issues, they've got to comply with the ADA--Americans with Disabilities Act.  Mental issues fall under that.  (I watched my mother's company go through something with this sort of background.  They were very careful.)

Your rehab should qualify under FMLA.  Generally, notice is appreciated with FMLA, but not 100% necessary in all cases.  Rehab would probably qualify as one of the cases where notice isn't necessary.  You might want to ask your HR person if your rehab was classified as FMLA.  You get up to 12 weeks FMLA (Family Medical Leave Act) in a year period without your job being put in jeopardy.

Technically, they can't fire you because of your mental stuff, but any good company would, instead, choose to focus on other things as a means of termination.  They could look at your absences so make sure you keep records of all your doctor's appointments and keep copies of documentation that you were in there--if you're comfortable, give them copies as well. 

Most places will "build a case" for termination, so as to avoid having to pay unemployment benefits.  Building a case involves counseling you, writing you up, putting you on a probation plan--things like that.  Actual documentation that there were problems before the termination took place.  It's a way for them to cover their asses.  If you don't have any of that in your file (or if it's over a year old), you're probably okay.  But if you have a good and nice HR person, you might consider having a sit down with him/her to discuss your fears.

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I don't even know our hr person - we "merged" with another firm back in March and most of the other firm took over.  I did have 1 pt deducted for attendance at my last mini review.  My boss says as long as it doesn't start interferring with the function of the office - I am ok.

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I don't even know our hr person - we "merged" with another firm back in March and most of the other firm took over.  I did have 1 pt deducted for attendance at my last mini review.  My boss says as long as it doesn't start interferring with the function of the office - I am ok.

<{POST_SNAPBACK}>

I'm not an expert at this but I did some research on it b/c of my own doctor's appointments. MI does qualify as a disability under the Americans with Disabilities Act, and therefore they are required to make "reasonable accomodations" for you. A schedule that would allow you time for doctor's appointments would qualify as a reasonable accomodation.

I'd write an email to your boss (just saying something like, "just to clarify, I believe we agreed that as long as I got my work done...) and mention that you have a disability (call it a "minor disability" if you like) and that you believe a little flexibility in your schedule would be a reasonable accomodation. CC it to human resources.

HR can come back and ask for more info -- they can even require you to see one of their doctors to prove that you have a disability. However, in most cases they won't pursue it. It's just not worth it to them.

At that point, they can't ding you for taking time for doctors appointments, as that would potentially allow you to sue their pants off. The only way they can do it is to prove that your taking the time to attend appointments creates an "undue financial hardship" on their company, which in this case, it sounds like it won't.

That said, companies have all sorts of ways to get rid of people, including "laying them off" (in which case you get unemployment benefits, but you still don't have a job).

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  • 3 weeks later...

I'm not an expert at this but I did some research on it b/c of my own doctor's appointments. MI does qualify as a disability under the Americans with Disabilities Act, and therefore they are required to make "reasonable accomodations" for you. A schedule that would allow you time for doctor's appointments would qualify as a reasonable accomodation.
Actually, a mental impairment COULD qualify as a disability. Under the Americans with Disabilities Act of 1990, a disability is defined as a "physical or mental impairment that substantially limits one or more major life activity/ies."  Some examples of major life activities include:  working, seeing, standing, breathing, relating to others, thinking, sleeping, caring for self. This "major life activity" must be "substantially limiting" when compared to the general population.  I would suggest getting a letter from your doctor or psychologist explaining how your condition meets this definition.

HR can come back and ask for more info -- they can even require you to see one of their doctors to prove that you have a disability. However, in most cases they won't pursue it. It's just not worth it to them.

I believe that having one doctor diagnosing the disability is enough; however, they may send you to one of their doctors if their is question about whether you are medically fit to perform the job with reasonable accommodations.

At that point, they can't ding you for taking time for doctors appointments, as that would potentially allow you to sue their pants off. The only way they can do it is to prove that your taking the time to attend appointments creates an "undue financial hardship" on their company, which in this case, it sounds like it won't.
  This does sound like a reasonable accommodation.  Of course, you may have to negotiate with your employer about how you will make up the work.  You will also be expected to meet productivity standards and conform to behavioral standards that meet business needs.

That said, companies have all sorts of ways to get rid of people, including "laying them off" (in which case you get unemployment benefits, but you still don't have a job).

It's sad.  Good luck finding an attorney who will take your case, if the time comes.  And most cases of this nature are settled out of court.

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