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Fibromyalgia and getting fired from work

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Posted 8/11/2008 11:33 PM (GMT 0)
I was terminated on July 22, 2008...reason: Complaints of poor attitude towards Customers and Co-Workers.

I was never warned of this...

I applied for Unemployment benefits and was accepted...but I feel that my employer will contest it.
I told Unemployment that I did not have a poor attitude towards anyone I told them that I had Fibromyalgia...a Muscle Disease...
and there were many days I did not feel good. I also told them that I work in the Automobile Industry and that business was slow and
the economy in general was poor...therefore...next to buying a house...buying an automobile was the next biggest purchase.
She said okay...that's all I need to know...we will send you a letter in the mail letting you know if your accepted or not.
Like I said Unemployment did approve benefits.

MY QUESTION: Can you get fired because of a health issue?
I feel that my employer will contest the benefits...is there anything else I can do?
(I've already put in a call to my Doctor...requesting a letter from him telling of my illness etc...)

Yes...my employer knows I have Fibromyalgia. (Dx: Jan 2008)
I have been with the same company for over three and a half years.

Thanks!
Posted 8/12/2008 12:02 AM (GMT 0)
Hi Borene,

 

First of all welcome to the HealingWell fibromyalgia forum.  I know that you will find a lot of support here.

 

I would contact an attorney.  One that will go on contingency (sp).  That means that he will only take your case if he thinks that he will get a settlement.  I think that your employer fired you because of your illness, you just have to prove it.  I think that you automatically get unemployment when you get fired as opposed to not getting benefits if you quit.  Though twice I got benefits by appealing the decision.  One of them I did take to court and sued.  The other one I got my full benefits and back pay.  But if you think he fired you because of your illness and is lying about your attitude at work, I would go for it.  This is mainly up to you, but I would talk to an attorney and see if there is anything that you can do. 

 

Best wishes and welcome to the forum.

 

Hugs, Karen

Posted 8/12/2008 3:21 AM (GMT 0)
Borene, hello and welcome! You will love this Forum- promise! I think that the biggest thing in your favor could be the lack of prior warning about performance and proper evaluations. IF you have access to an employee personnel policy/procedure manual, give it a read about warnings that are required by the employer before resorting to termination. I don't know what state you are in, and most states have an "at will" policy, meaning they can fire for any reason, BUT they still must adhere to their own policies. IF you don't have access to the manual, maybe a friend can read it or fax the pages to you. This is where most employers get themselves into trouble- being too arrogant and not following their own rules. If you are denied, definitely ask for an appeal and kick their *%#@^$. If this situation does run along the lines that I have described, then you won't need to ever broach the "health" question; you can just let that sleeping kitty purr. Not having to get into that line of questioning leaves your health situation as it relates to potential employment alone, without any of this going on a permanent record that could come back to haunt you. Are you with me? It's possible that the information you push onto the appeal as defense against being fired can backfire when trying to become re-employed somewhere else.
Peace!
Posted 8/12/2008 1:02 PM (GMT 0)
Karen...I think I will look into a lawyer...just in case. Yesterday...was really bad...I let all this get to me and then POW...here comes the Fibromyalgia...felt pretty badly. I'm better today. The deal is I won't know for 4 to 6 weeks if my employers appeals the decison. Anyway...thanks for the advice!
Borene
Posted 8/12/2008 1:12 PM (GMT 0)
Hi Sera...thanks for the reply. Well...that's just it...we never had an employee handbook...telling us anything! So.....
I'm thinking that will help me??? I won't know for 4 to 6 weeks if my former employer will appeal or not. She does not spend
money if she doesn't have to...I think she would rather hire me back...where I was at least working for the money...thann pay unemployment!
I wish I knew now...it's really stressing me out...which you know...is not good!
Anyway...thanks for the advise! Borene
Posted 8/12/2008 1:27 PM (GMT 0)
Hi Borene and welcome. I hope you get this resolved quickly. Stress is our enemy as you know. Read the fibro 101 thread, second on first page it contains a lot of great info. Use moist heat showers, baths, rice bags you heat in microwave or moist heating pad and try to relax as much as possible.

 

luv and hugs

Marlee

 

Posted 8/12/2008 1:32 PM (GMT 0)

Borene,

 

Like everyone else, welcome to fibroland!  You'll find wonderful people here.  Hey, look!  More emoticons! LOL-OK, sorry, I have a short attention span. smilewinkgrin

 

Anyway, back to your problems.  I was in a similar situation where I was "terminated" (why don't they call it what it is? FIRED) by my employer.  It's really a LONG story as to what happened, but what it comes down to at the end of the day is that yes, I was ultimately fired because of fibro (I didn't know I had fibro at the time).  Sera is right-most employers can fire you without giving you a reason (hence, the "at will" employment).  I don't know what your job was, but I would definitely do your homework on what you should do.  Have you considered going on short term disability?  That's what I did.  BTW-speaking of crappy deals, I was "terminated" the day after I went on disability. mad

 

There are a lot of attorneys that will give you a free consultation.  However, you may soon find out (like I did) that there are a lot of loopholes in the system.  I always tell people that I was legally "illegally" fired. rolleyes

 

I don't know if my babbling helped, but I do hope you'll feel comfortable enough to come here if you need to vent.  I think we all understand how stress throws us into a flare. cry

Posted 8/13/2008 6:46 AM (GMT 0)
Watch out. If your employer appeals and wins, you will probably have to pay back all the money you have already received. Also, depending on your state, you have to be employable in order to collect unemployment. In other words, if you say you have fibro and had trouble working, they can stop your payments because you are unemployable. You don't want to prove to unemployment that you are sick, you need to prove to them that you can work. I strongly suggest you drop the fibro issue and work on disputing the reason they stated they fired you for.

I don't think getting a doctor's note after the fact will be of much help. You said they knew about your fibro, did you tell them verbally or give them documentation from a doctor? Were you able to do your job with reasonable accomodations for your condition? Did you ask for or did they make any special accomodations? The laws vary depending on your state and the size of your company.

Telling unemployment that you didn't feel good many days may help your former employer. People tend to think that sick people are grumpy. Everything will be your word against your employers. I know of an instance where the employer suddenly "found" the written warnings that justified the firing - warnings that were made up after the firing. They may actually have letters of compliant from customers or co-workers. How could you prove that you've never seen these letters? If you claim that you've worked for them for years without a problem, they could say it's a recent development.

I don't mean to sound so negative but my sister went through a similar situation. Check with a lawyer but don't get your hopes up. If your former employer takes you back, immediately look for another job and keep the fibro out of it. Yes, it is illegal to discriminate but we know it happens far, far too often.

I'm sorry this happened to you. Work extra hard on taking care of yourself so you don't flare.

Good Luck!!!!!
Posted 8/13/2008 9:02 PM (GMT 0)

I am a dreaded Employer.

As an employer we can terminate "at will" as long as our cause is not protected by the constitution. You were let go because of attitude problems. That is their cause and it is not protected by the constitution. Your employer, however, would lose any unemployment hearing because they did terminate you. I would not worry too much about it.

It is a valid point raised about touting the FM. Unemployment could very well decide that they are not the government agency that should be paying you and send you into the sea of red tape to get on disability.

It is never easy being fired, but businesses must do whatever is in the company's best interests. Unfortunately that means that sometimes someone gets the short stick.

God sometimes closes doors so you will look through the windows at better opportunities. I wish you a better and more understanding job than the one you lost! :)

Posted 8/13/2008 10:53 PM (GMT 0)
Thanks for the replies! I'm just so confused and worried about what do to!!!
Actually when Unemployment called me about what happened at work...
I also told them that the economy is really bad and that next to purchasing a house...
a vehicle is the next biggest purchase...I told them that work was slow...(I work for a Dealership)
I also told them that my supervisor certainly knows how to do my job.
Unemployment then told me...okay that's all I need to know. We will get back with you with our decision
And that was that...Until I got a notice in the mail that read:
Issue: Separation from work
Decision: We can pay you benefits. If you meet all other requirements
Reason for Decision: Our investigation found your employer discharged you from your last work
for a reason that is not misconduct connected with the work.
Law Reference: Section 207.044 of the Texas Unemployment Compensation Act.

Any thoughts???

Thanks!!!
Borene
Posted 8/13/2008 11:36 PM (GMT 0)
It sounds to me like they are going to pay you. The other requirements probably are being able and available for work. So it sounds like everything is working out.

I hope that you can find another job that you like.

Keep us posted.

Hugs, Karen...
Posted 8/14/2008 12:16 AM (GMT 0)
BUT...what if my former employer wants an appeal???
What do I do then???
Just go with it?

Thanks!
Borene
Posted 8/14/2008 1:15 AM (GMT 0)
That is when I would call an attorney. One that does consultation as was said above. That way it doesn't cost you anything. I think that would be the best thing to do. I don't think they will appeal it. I think once the unemployment place says that you are okayed to receive benefits that will be the end of it. You're employer doesn't pay your benefits, it is an insurance that they have. They don't want you to collect unemployment of course. But when you are fired, you are elegible for benefits. If you would have quit, you would have to fight for the benefits. You wouldn't normally get them.

Let us know what happens. I am curious. I really think that you will get the benefits.

Best wishes,
Karen
Posted 8/14/2008 2:38 AM (GMT 0)
Thanks Everyone...I'll keep ya'll posted...it might be awhile...but if anything changes...I'll let you know!

Borene
Posted 8/14/2008 4:16 AM (GMT 0)
Getting by,
I respectfully disagree with your statement:

"I think once the unemployment place says that you are okayed to receive benefits that will be the end of it."

My husband was awarded unemployment benefits and received about 6 checks. His employer appealed and won. We had to pay back all of the money. His employer lied but we had no way to prove it.

Borene,
If your employer appeals, there isn't anything you can do to stop it. You will have to attend a hearing either in person or by telephone. If a hearing is scheduled, don't miss it or even be a minute late. If you or your employer don't show, the other party wins.
Posted 8/14/2008 11:15 AM (GMT 0)

I had a friend who lost her job of 5 years because her boss didn't want her to "express milk at work".  (She had just had a baby, and was breastfeeding.  She wanted to use her breast pump in the ladies room during her lunch break).

Outrageous for her to be fired for that, right?  Well, her boss also denied her unemployment.  My friend took her to court, and won very easily.  My point being, the folks at unemployment know an unfair case when they hear one.  I really think they will be on your side.

For you to be fired for having fibro is outrageous, and you should fight tooth and nail.  Good luck to you, you can do this!

Posted 8/14/2008 6:08 PM (GMT 0)
Your employer will not appeal. They have no grounds for an appeal because you were not let go due to misconduct. It would be a waste of your ex-employers time and energy and they know that they will have to pay.  
Posted 8/14/2008 8:39 PM (GMT 0)
Oh YEA!!! I think I can stop worrying about this one!!!
Onto the next worry...HA! It's always something...

Thanks again everybody with your thoughts...I will keep you all posted!!!

Borene

By the way: I was DX with Fibro Jan 2008. I had been sick for about an year and a half...without knowing what was wrong with me...
The only thing the doctor did for me is put me on a bunch of medicine...it helped...but not enough...therefore...I started going to a chiro...
he has helped me soooooooooo much! I have been doing a foot bathe detox...as well as spine alignment, massages and other treatments. I'm pretty much off the pain pills, muscle relaxers and anti-inflammatories...only take them as needed. I also have other medical problems: Low Thyroid...Low/No Progesterone...Depression. I just started getting treated for all that...When that stress thing starts happening...WAM BAM...here comes my Fibro.
Fibro IS a life sentence!!! Good Luck everyone...Borene
Posted 8/14/2008 8:50 PM (GMT 0)
You are so fortunate that you only have to take pain meds as needed.  I haven't been that fortunate! 

 

I'm glad you can stop worrying about this now.  That definitely can cause pain and it doesn't help you one bit.  Have a good evening!

 

Sherrine

Posted 9/24/2008 1:01 AM (GMT 0)
i AM NOT SURE THAT This is the right place to post this - but I have a question and was directed to this site - I have a L4-5 disc tear - been out of work for 3 months - i git called into the job today by the boss- and was told basically that Human Resources said that I abandoned my my - and didnt keep them informed as to what was happening - I get treated at the same place that I work and they know exactly whats going on -- also - they did an nternet search of me and printed out all of my blogs and produced this at the meeting - stating that if I am injured how can I do cardio - my "cardio" consists of walking - not even n a treadmill- just around the house or at the store or around the block - and they are using this against me

what should i do confused
Posted 9/24/2008 1:46 AM (GMT 0)
Kirbyk,
First, I suggest you post your problem under a new topic so that more people will see it. You might also try the "Chronic Pain" forum.

Second, due to privacy laws, Human Resources can't just check on your treatment even when you are getting treatment where you work. They should have asked you to keep them updated. Unfortunately, just because you don't know the rules doesn't excuse you from having to follow them.

Third, never, ever post anything that can be used against you especially under your own name or linked to an email address linked to your employment. Once you post it on the internet, it becomes public and can be used against you. Be careful what pictures you put on on websites and be especially careful of any pictures of you your friends may post.

Last, if they are firing you or cutting off your treatment, you may need to see a lawyer. If this is a workman's comp case, you will definately need a lawyer.

Good Luck.
Posted 4/10/2010 6:34 PM (GMT 0)
I myself have issues with my ex employer as well ..ironically I share this issue same as the poster.
I am uspet and wondering if I should seek legal help too I have an atty that would take it.She specially
takes employment law issues.

This is terrible its descrimination!
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