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Fired For having Crohns Flare up

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Crohn's Disease
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Posted 3/15/2017 7:20 AM (GMT 0)
Hi, I have been working for a company for 3 months now and was let go today for calling in sick due to having Crohn's flare up. I have only missed 5 days out of the 3 months I have been there. The Company hired me knowing that I had this disease and we have had many conversations on what it can do. So when I went into work tonight the owner pulled me aside and told me to my face. That since I had called out due to my illness they had to let me go. What should I do? I live in a Right to work state.
Posted 3/15/2017 1:08 PM (GMT 0)
Sorry to hear what happened, especially to someone with a chronic condition. I live a very blue state, but it is still a employee-at-will state. "Employee-at-will" means the Company can fire any employee at any time for any reason — or even for no reason at all. Unless you are a member of a labor union or have an employment contract, it is probably a waste of time and energy to file a lawsuit against an employer.

If I were you, I would start looking for another job, which offers more stability. Also, I would not discuss too much about my illness with my company unless you really need special accommodations at work, because your manager can develop stereotype against someone with a a chronic condition.
Posted 3/15/2017 9:56 PM (GMT 0)
I'm sorry you lost your job. I've been there. I was fired the day i got discharged from the hospital once.

Unfortunately in that time frame probably not much you can do. Most companies consider the first 90 days a probation period and you can be terminated no questions asked. Calling in sick 5 times in 3 months is a significant amount to most employers, regardless of validity.

I agree with Paul, I would look for a new opportunity and not discuss your health. Once you have been at a job for 12 months file FMLA so you are protected.
Posted 3/15/2017 11:07 PM (GMT 0)
You don't necessarily need to hide your illness. You can request an accommodation under the Americans with Disabilities Act. Depending on what type of work you do, you can request an accommodation such as time off without penalty, adjusted work schedule, etc. Whatever is needed that allows you to work but at the same time isn't unreasonable for the company to allow. It may be too late for the job you just lost but with your next job, address it after you have a job offer and have negotiated your salary and before you start working.
Posted 3/16/2017 1:39 AM (GMT 0)
In the meantime, you might be able to receive unemployment benefits. But yes, 5 days in 3 months is a lot.
Posted 3/16/2017 1:54 AM (GMT 0)
If the company that employed you has more than 15 employees, you are protected by the Americans with Disabilities Act, assuming you told your employer you had a disease and that it may sometimes require you to take time off (that's the equivalent of requesting a Reasonable Accommodation). In order to fire you, your company must prove that allowing you 5 days of time off in 3 months imposes an "undue hardship" on the company.

More info:
https://www.eeoc.gov/facts/ada18.html
Posted 3/16/2017 11:01 AM (GMT 0)

scifigal2k said...
In the meantime, you might be able to receive unemployment benefits. But yes, 5 days in 3 months is a lot.

Yeah, from the employer's point of view 5 days in 3 months will be considered a lot. Hell, to many 5 days in one year would be considered a lot. I'm not defending the employer's actions, which I think was pretty cowardly and underhand - it didn't even seem like they gave you a warning first. Just pointing out the rather harsh realities of the current job market.

I hope some of the suggestions above help you. I think it is better to be honest if you can, and try to find a company which allows for an adjusted work schedule, flexible working hours, or whatever.
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