[squab]

If you are a diabetic and are refused a reasonable accommodation and then fired for a bogus reason, isn't that wrongful termination?

[bleusong52]

First I am going to ask you if you have a copy of the reasonable accommodation request due to you having diabetes? If you do, did you keep a copy of your employer's response?

What was the reason your employer terminated you and how was that documented? Granted, I know many states have employment at will laws and can release anyone for anything at anytime.

I would think it would be worth your time to consult an attorney who specializes in wrongful termination claims.

I found some articles that might give you some insight:

Understanding Wrongful Termination Law

Wrongful Termination Laws

Wrongful Termination Attorney Arizona - AZ Attorneys, Lawyers Wrongful Termination - Arizona Wrongful Termination Lawyer

One question - when this happened, did you file with your local unemployment/job service office? They could be of help to you.

Good luck to you.

[squab]

The manager would not even discuss the issue so there was no chance of getting a reasonable accommodation.. I was fired for calling in sick 2 days in a row.. I am collecting unemployment. And thanks for the links..

[bleusong52]

Oh my goodness - you called in sick two days in a row? What is so bad about that? They must have been searching to dig that lame excuse up. Most places allow a couple days sick leave before requesting a doctor's slip. What were the company policies on sick leave?

Am glad you are getting unemployment. That does help.
I do wish the best of luck, whichever direction you go.

[squab]

You need a doctors note after 3 days!

[bleusong52]

Then they had no right.

[ScottGem]

First, what was the accommodation you asked for? Second, did you get a letter of termination? If so, what EXACTLY did it say. Third, did the company have a published policy about sick days? If so what was it?

Arizona is an at will state which means you can be terminated at any time for any reason. So, for it to be wrongful termination, you would have to be able to prove that the termination violated their published rules or violated laws of discrimination. And the latter is your best bet. To claim you were discriminated against because of a disablity.

[squab]

I asked to be put back on 2nd shift from 3rd shift. It states on my discharge notice "called in sick 2 days in a row stating his meds were affecting his ability to work. The 2nd call in was now approved/excused." Policy on sick days: Doctors note after 3 days

[ScottGem]

Sorry, but I don't see a change in shift to be a reasonable accommodation. However, I do see requesting a transfer to be reasonable, but such a transfer would need to wait until an opening was available. So if the supervisor refused to accept your application for a transfer, that might be an issue. Why would a change back to 2nd shift be needed to accommodate your diabetes?

That's not all the sick day policy says. You are focusing on one part. Apparently sick days have to be approved because they are stating that it wasn't approved. We need to know the full and exact policy.

[squab]

There is nothing in the handbook about approving sick days! It was part-time job and ajusting to the hours (diet, sleep & stress) was exacerbating my diabetes. Don't they at least have an obligation to discuss the issue?

P.S. Thanks for the info--very useful

[ScottGem]

Employers hold the upper hand these days. Are you sure that 3 day rule applied to part timers? Did you produces a doctor's note that the 3rd shift was causing your issues?

Yes, it would seem reasonable for them to discuss the request and accept an application. They could then bury it telling you there were no openings.

If you want to consult an attorney, feel free, but frankly I would be surprised if you could find an attorney to take the case.

[Fr_Chuck]

Sorry changing shift would not be an accomidation that I would see as valid, if you needed a place to dispose of needles, or if you needed a extra 10 min ( unpaid) for medication or if you needed a special chair. But a shift has little to do with this illness, and the accomidation would be how to allow it to work for this shift.

Also the days called in, also depends on how long you worked their, When I started new jobs often you can't miss any days the first 90 days and so on.

And if you did not submit your request in writing to HR and/or management along with doctors documentation that this was needed, you have little to stand on either