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Matthewd2
Apr 29, 2013, 12:04 PM
I have chron's and they knew this when I was hired went to work today feeling really I'll I was told to go home and they would have to let me go because I was stressing her out from me being sick is this legal

Wondergirl
Apr 29, 2013, 12:07 PM
It's spelled Crohn's.

Have you missed lots of work?

Matthewd2
Apr 29, 2013, 12:17 PM
It's spelled Crohn's.

Have you missed lots of work?
2 weeks ago I missed 1 day due to a Dr. Appt. But that's it.

Wondergirl
Apr 29, 2013, 12:19 PM
Then how can you be stressing her out from being ill? What is your job -- and is it vital to the company?

odinn7
Apr 29, 2013, 12:29 PM
In most states in the US, there really is no reason needed to let someone go.

Matthewd2
Apr 29, 2013, 12:48 PM
Then how can you be stressing her out from being ill? What is your job -- and is it vital to the company?

I'm a cook in a small meat market. I've been cooking for 14yrs now. I was a kitchen manager at the last restaurant I worked at, but unfortunately it burnt down. I live in a small town and everybody knows everybody. This lady called me to help her out because she knew the place that I was working at burnt knowing that I had a illness and I get sick from time to time. I just don't understand! Btw, she stresses herself out she's a Lil on the crazy side she's the type of person that thinks she does no wrong. And it's everybody else's fault if anything goes wrong. I just want to know if this is legal to do this?

joypulv
Apr 29, 2013, 01:02 PM
Yes, there are actually very few labor laws that prevent someone from being fired.
Many laws that do protect the employee don't apply when there are fewer than 50 employees.
There are ADA laws at the federal level, but if you haven't been declared disabled by Social Security, those laws don't apply.
It probably isn't good for anyone with Crohn's to be working for such a person. You don't say how long you've been working for her, but it sounds like she needed you in a pinch and now has others in mind.
Take some time off and discuss disability with your doctor. The catch is that you have to be unable to work for a very long time, and I suspect that you can't afford that.

Matthewd2
Apr 29, 2013, 01:11 PM
Yes, there are actually very few labor laws that prevent someone from being fired.
Many laws that do protect the employee don't apply when there are fewer than 50 employees.
There are ADA laws at the federal level, but if you haven't been declared disabled by Social Security, those laws don't apply.
It probably isn't good for anyone with Crohn's to be working for such a person. You don't say how long you've been working for her, but it sounds like she needed you in a pinch and now has others in mind.
Take some time off and discuss disability with your doctor. The catch is that you have to be unable to work for a very long time, and I suspect that you can't afford that.
Im on disibility as we speak just trying to make a Lil extra money cause times get hard was only suppose to be part time to begin with but ended up working more hours "cause she needed me" I just don't think this is at all legal!

odinn7
Apr 29, 2013, 01:19 PM
I sympathize with your situation but it is legal. There is no law to keep her from letting you go.

joypulv
Apr 29, 2013, 01:23 PM
Oops - I hope you have been reporting the work so far? You do know that if you go over a certain amount per month you lose your disability? Do you have a SS office near you? Is it SSD or SSI?

Do you need help with any of that?

Matthewd2
Apr 29, 2013, 01:34 PM
Yes, there are actually very few labor laws that prevent someone from being fired.
Many laws that do protect the employee don't apply when there are fewer than 50 employees.
There are ADA laws at the federal level, but if you haven't been declared disabled by Social Security, those laws don't apply.
It probably isn't good for anyone with Crohn's to be working for such a person. You don't say how long you've been working for her, but it sounds like she needed you in a pinch and now has others in mind.
Take some time off and discuss disability with your doctor. The catch is that you have to be unable to work for a very long time, and I suspect that you can't afford that.
Im on disibility as we speak just trying to make a Lil extra money cause times get hard was only suppose to be part time to begin with but ended up working more hours "cause she needed me" I just don't think this is at all legal!

Matthewd2
Apr 29, 2013, 01:45 PM
Oops - I hope you have been reporting the work so far? You do know that if you go over a certain amount per month you lose your disability? Do you have a SS office near you? Is it SSD or SSI?

Do you need help with any of that?
I think it's SSI and they're informed that I was working and I know how much I can make

joypulv
Apr 29, 2013, 01:46 PM
OK.
Sorry there is nothing you can do about being fired. You can try unemployment, which will send a form to the employer to explain why you were fired, and it will then be reviewed.

joypulv
Apr 29, 2013, 01:56 PM
You didn't answer the number of employees. ADA laws apply to all employers with 25 or more employees after July 26, 1992, and all employers with 15 or more employees after July 26, 1994. I assume that a small town employer doesn't have that many.

To be protected under the ADA, you must have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

An ADA claim is handled at the state level of the EOC, where it will get referred to a regional center possibly in another state. You may find that it will take about 2 years to be finalized.

ADA - Your Employment Rights as an Individual With a Disability (http://www.eeoc.gov/facts/ada18.html)

ScottGem
Apr 29, 2013, 04:52 PM
As joy has stated, your only choice here is an ADA discrimination case and that's iffy at best. Most areas of the US are at will employment which means you can be terminated at any time for any reason, unless you are in a protected class and the disabled are a protected class.

BARBARAKT
Jun 23, 2013, 02:35 AM
You can file a complaint for free with EEOC. Keep in mind they can only see if you have a case they cannot enforce it. They can recommend to the employer what should be done to rectify your complaint.
Being covered under ADA, the employer has to have (15) or more employees (not 50). To be protected under the ADAAA of 2008, individuals must prove that their disability which limits a major life activity i.e. eating, sleeping, standing, lifting, bending, thinking, concentrating, communicating and reading. Or essential body functions such as brain, bowel, bladder, and digestive, respiratory, and reproductive systems are also included. Intermittent disabilities are now included in ADAAA.
Note:
ADA does not require Social Security to confirm that you are disabled, a note from your doctor will suffice.
But the working conditions would not change, you did say she is a little crazy, and do you really want to work there??