Everyone is saying I should sue my former employer...do I have a case?

[GaiaGoddess]

There was no reason you should not have signed up on unemployment benefits. In fact, it would be stupid NOT to sign up on unemployment benefits. They are not needs based, as I said, they are eligibility based, regardless of your income or family income. But yes, in this case, (as in any case where you leave work not of your own accord) your co worker was right, you did need to sign up. Now whether or not HE got approved, rehired, etc., sets no precedent. "They ALWAYS" find against the employer is probably a great generalization on this gentleman's part, I notice he has suddenly become a great expert on unemployment matters because he got his claim approved. Uh yeah, by the way, once he was approved, they were very happy to invite him back, as his drawing benefits were affecting the amount of unemployment taxes they were having to pay. You may find them begging you to come back to work in North Dakota if you are approved for benefits.

And what I have said is that I do not think your chances of being approved for unemployment are too bad. They have asked you to up and relocate in another area, and in another state. Regardless of what you have signed or agreed to consider, there's a pretty good chance they're not going to consider this a reasonable change in work location, and just may approve your claim. Part of the reason they "always" find against this employer may be that the unemployment system does not consider it reasonable to fire people for refusing to transfer to someplace far far away, regardless of what they've asked you to sign or agree to.

What I was trying to say is when you deal with unemployment, leave all this stuff about your sleep disorder OFF the menu. Don't try to carry on about how you have this condition, and you just didn't have any idea they were going to give you the shift you need and you can't attend the week's training they had mentioned, and yada yada yada. They do not care. As I said, they're not going to give you the sympathy vote, they just want to hear the facts of the situation. You will gain nothing and may complicate the issue if you try to whine and gripe and go on about how badly you've been treated. Just say you refused the transfer to Texas and were fired for it.

It is certainly not their venue to worry about whether the ADA is applicable in this situation, or whether there's a support group for your condition, or whether you could get an early check in at a motel.... all they're going to hear is that you are refusing certain days, hours and shifts, and that's not a protected job situation. You'd have to see and consider any appropriate job offer you got before turning it down in order to qualify for unemployment benefits, and there's no point it getting all this kettle of worms stirred up before you've even been approved for benefits.

I already applied for benefits the same night I was fired. I'm not sure if you misunderstood and thought I didn't try, but yes, I am just waiting to find out if it was approved.

 

[GaiaGoddess]

LOL!

Yup.

You laugh but I read somewhere that you don't pay them unless you win. I wish i could find it but I was looking on like 10 different sites and I can't remember where it was now.

 

[cbg]

That is not an across the board guarantee. It does not apply in all cases by a very long shot. It applies only in some very limited situations, with this NOT being one of the few.

 

[GaiaGoddess]

I just heard back from the Office of Disability Employment Policy, U.S. Department of Labor...and this is what they told me:

"If you meet the ADA’s definition of disability and you worked for an employer that must comply with the ADA (has at least 15 employees), then you are considered a covered entity and was entitled to request /receive reasonable accommodations. The only time an employer is not obligated to provide a reasonable accommodation is when it causes an undue hardship. This means the accommodation that is requested causes significant difficulty financially, is time extensive, disruptive, or would greatly alter the nature or operation of the business. Therefore, if your employer knew you were making an accommodation request due to a disability, most likely they should have attempted to accommodate you before terminating you."

Then they gave me a number to all so i'm going to do that.

 

[cbg]

You do that.

Tell me, at what time did you ask your employer for an accommodation?

 

[Proserpina]

You don't have to be a jerk about it, I simply hadn't heard all the details, as i'm sure most people haven't. That was all I ever heard was that she just sued them for her being clumsy. I could call you ignorant for not knowing a lot of things you haven't thought to research.

Knock it off.

OG was right on point - aaaaaand she happens to be an attorney.

If you're going to drop case-law here and there willy nilly, you better make sure you understand the case before spouting off.

 

[justalayman]

I have tried asking hotels to accommodate this and they all say the most they can do is give me a later checkout which is never later than one extra hour which is still 5 hours earlier than the time I normally get up. And I stay in hotels on average of 6 nights every time I travel, if I paid for 2 nights instead of 1 every time I'd be spending all my savings. That isn't practical.



You have DSPS too?! lol I doubt it, or you would know about our "fraternity", which we need to help us feel understood when dealing with people like you.



It isn't whining, it's called going to the doctor to get a diagnosis, and you have no idea how much relief it gives people because they finally know there is a cause, it isn't laziness or insomnia like everyone thinks.



People with DSPS find themselves awake at 4 am EVERY NIGHT, regardless of their schedule. That is the difference.



And I am doing what I have to, which included refusing to be forced into a situation that would put my health at risk as well as anyone on the road with someone who has been awake for 24 hours. I have worked 84 hours a week for the last 3 years, don't call me irresponsible.

You are a victim of the "there has to be something wrong with me" syndrome.

And no, not everybody with your syndrome is up at 4 every day. Apparently you have done absolutely no research on it.


As to being relieved of finally being diagnosed with a cause;

Whoops, sorry but you have not been given a cause. Apparently you have no idea what a syndrome is. Simply put, a syndrome is a group of symptoms with no known cause. It really doesn't mean a lot in most cases. I have refused to allow my doctor to give me a diagnosis of my issue. Once that is done they quit looking for an actual cause. They simply treat the symptoms. I want to continue to look for a cause. Then we'll see if that can be fixed, not simply treated, but fixed (cured).

I have found two underlying issues (due to my tenacity and a doctor that didn't just blow me off) that when treating those issues I found some relief. I'll either find a cause or causes for my issues or die trying. I won't give in and think giving my condition a name means a damn thing.

As to travelling and having to pay for two nights; we are talking about your trip to Texas and nothing more. The added cost is minimal. Trying to lay it in with your regular business activities is ridiculous.

 

[justalayman]

You are legally equal to being drunk once you've been awake for 16 hours, and I had been awake for 24 after my first day then I only slept one hour then I was awake for another 12 then only slept 2 hours and so on...2 hours was all I got every night for the rest of that week. I think the problem is nobody knows what this disorder is so they think it's just insomnia, and most people have that at some point. The issue with this disorder is there is nothin

what?

you are legally equal to being drunk after being awake for 16 hours?

you do realize that using the recommended amount of sleep (8 hours) that means a person is awake for 16 hours, every single day. Also realize that most people do not get that 8 hours of sleep. Based on your statement, most of the people are driving, walking, working, whatever in a condition equivalent of being drunk. Do you really believe that?


and hey, look at this:

So I usually stop after about 4 or 5 hours and get another hotel. I usually get hotels for 2 nights, the first night to sleep when my body will sleep, and the 2nd day I have to check out by noon so i'm always tired and can't drive very far.

I missed that before but the funny part about it: you said this when I suggested exactly that:

I have tried asking hotels to accommodate this and they all say the most they can do is give me a later checkout which is never later than one extra hour which is still 5 hours earlier than the time I normally get up. And I stay in hotels on average of 6 nights every time I travel, if I paid for 2 nights instead of 1 every time I'd be spending all my savings. That isn't practical.

Ok, which is it? You either hire a hotel for 2 nights or you don't because it isn't practical.

Yes you can check in early IF they have rooms available. A few times I even had reservations and they wouldn't let me in until 3pm. Besides, driving at night isn't safe either, you get highway hypnosis and it's also not safe to stop at gas stations in the middle of the night for a single female especially in parts of the country unfamiliar to you. It's also winter which adds another factor, it's unquestionably safer to drive during the day.

people that get "highway hypnosis" are the people that are driving at night when they are normally awake during the day and sleep at night. If your "norm" is awake at night, you would be a lot less susceptible to the issue.

driving at night is slightly less safe for the simple fact you cannot see as well. If you are a competent driver that uses proper cautions, the difference is minimal.

as to a woman driving at night yada yada; didn;t you say that is what you did at your job already? Why is it suddenly a huge issue simply because you would be driving to Texas rather than doing whatever you did?

and why are you making all of these arguments about driving at night given you say that is what you were doing already? You make no sense.

Then: it would take you a week to drive from North Dakota to Texas:

From Grand Forks North Dakota to Corpus Christi Texas it is 1542 miles. Google maps says it takes 22 hours and 24 minutes. How you can stretch that into a week of travel time is beyond me. That would mean you would drive for a bit more than 3 hours every day. Sorry but this is just more of your exaggeration with no valid basis behind it.

I just heard back from the Office of Disability Employment Policy, U.S. Department of Labor...and this is what they told me:

"If you meet the ADA’s definition of disability and you worked for an employer that must comply with the ADA (has at least 15 employees), then you are considered a covered entity and was entitled to request /receive reasonable accommodations. The only time an employer is not obligated to provide a reasonable accommodation is when it causes an undue hardship. This means the accommodation that is requested causes significant difficulty financially, is time extensive, disruptive, or would greatly alter the nature or operation of the business. Therefore, if your employer knew you were making an accommodation request due to a disability, most likely they should have attempted to accommodate you before terminating you."



Then they gave me a number to all so i'm going to do that.

but what is your point? You have already been told that the ADA requires a covered employer to provide REASONABLE accommodations and making a night school for you is not going to be considered a reasonable accommodation.



btw: you do realize that you did apply for the position, right? Then when you were given the position you applied for your balked and refused to go. Was it really a surprise they fired you? Your story about how you felt you had to apply or your job was at risk is silly.

Always remember this:

be careful what you ask for. You might just get it.

 

[cbg]

And he still hasn't indicated when he asked for an accommodation, or provided the necessary medical documentation to back it up.

I'm betting he's one of the ones who thinks that telling the employer he has x condition is the equivalent of asking for an accommodation. He's wrong, if so.

 

[GaiaGoddess]

You do that.

Tell me, at what time did you ask your employer for an accommodation?

I have talked to all 3 of my managers multiple times about this disorder since they forced me to work the day shift last year. Specifically regarding this current situation I have talked to all 3 about it since they first came to me, which was a few months ago. The first manager said my condition would most likely prevent me from being able to go, then he said it wasn't guaranteed i'd get picked to go and just to fill out the application to make them happy (because it was mandatory). Then I went to the 2nd manager asking if I would get fired if I refused and she said she didn't know, it wasn't up to her, it was up to the vice president or whoever this guy was who made the decision. I explained to her all the reasons why it would be a problem and she seemed not to care. Then I went to the 3rd manager the day before I got fired, and he said the same thing the lady manager said, it wasn't up to them, then he printed out the paper I signed saying they can do whatever they want with us. Then the next day when I was called into the office I was told they had no choice but to fire me if I didn't tell them immediately what my choice was. There was a snowstorm happening outside and I don't have 4 wheel drive so there was no way I'd make it very far anyway, besides they wanted me in Texas by Monday which was only 4 days from then, that's how long it takes me to get HOME which is only one state away, driving to Texas would have taken me at least a whole week. She said but the class starts Monday, and then I said well there has to be some other way to get the information in the class to me, like printing out the information and giving it to me to read. She said I could fly there and get there in time, but that would have meant leaving my vehicle there with everything I own in it, and a lot of my things can't be left out in the cold. She said she could mail everything to me, I said oh really, you're gonna mail a refrigerator, microwave, bedding, a fan, a $1200 camera & accessories, 2 backbacks, a duffel bag, 2 coolers, and about 5 uncloseable bags full of stuff? Not to mention it's winter so leaving my vehicle here in below zero temps was just something I refused to do. I take good care of my car and i'm not going to leave it in a parking lot 1800 miles from me where vehicles get stolen (it happened the night before, actually). Weighing the options I had, the best one was to get fired.

 

[Proserpina]

I have talked to all 3 of my managers multiple times about this disorder since they forced me to work the day shift last year. Specifically regarding this current situation I have talked to all 3 about it since they first came to me, which was a few months ago. The first manager said my condition would most likely prevent me from being able to go, then he said it wasn't guaranteed i'd get picked to go and just to fill out the application to make them happy (because it was mandatory). Then I went to the 2nd manager asking if I would get fired if I refused and she said she didn't know, it wasn't up to her, it was up to the vice president or whoever this guy was who made the decision. I explained to her all the reasons why it would be a problem and she seemed not to care. Then I went to the 3rd manager the day before I got fired, and he said the same thing the lady manager said, it wasn't up to them, then he printed out the paper I signed saying they can do whatever they want with us. Then the next day when I was called into the office I was told they had no choice but to fire me if I didn't tell them immediately what my choice was. There was a snowstorm happening outside and I don't have 4 wheel drive so there was no way I'd make it very far anyway, besides they wanted me in Texas by Monday which was only 4 days from then, that's how long it takes me to get HOME which is only one state away, driving to Texas would have taken me at least a whole week. She said but the class starts Monday, and then I said well there has to be some other way to get the information in the class to me, like printing out the information and giving it to me to read. She said I could fly there and get there in time, but that would have meant leaving my vehicle there with everything I own in it, and a lot of my things can't be left out in the cold. She said she could mail everything to me, I said oh really, you're gonna mail a refrigerator, microwave, bedding, a fan, a $1200 camera & accessories, 2 backbacks, a duffel bag, 2 coolers, and about 5 uncloseable bags full of stuff? Not to mention it's winter so leaving my vehicle here in below zero temps was just something I refused to do. I take good care of my car and i'm not going to leave it in a parking lot 1800 miles from me where vehicles get stolen (it happened the night before, actually). Weighing the options I had, the best one was to get fired.

What did you specifically ask for?

There's a reason for that question.

 

[GaiaGoddess]

Knock it off.

OG was right on point - aaaaaand she happens to be an attorney.

If you're going to drop case-law here and there willy nilly, you better make sure you understand the case before spouting off.

Nobody knows everything about everything, so I guess nobody should say anything then.

So the McDonalds case aside, i'm sure somebody somewhere sued someone for something completely ridiculous and won. The justice system is not perfect...if people can walk away with murder, i'm sure a person who got fired can get a little compensation.

I never 100% believed I deserved something for this, I just asked just in case because literally ALL my coworkers said others have sued our company and others for similar reasons so I should be able to, too.

 

[justalayman]

Weighing the options I had, the best one was to get fired.

so you are where you are. Since you didn't even know what shift you would work in Texas, you do not have a claim they did not provide an ADA accommodation. As you were told, they would not have to provide training during the night to accommodate you as that would be unreasonable. Firing you for refusing to fly down there is not illegal. Firing you for taking a week to put in 24 hours of driving is not illegal.


So, hopefully you get unemployment because you have no cause of action for a suit.


but hey, there's a good side to all of this:

You can stay up as late as you want to and you can sleep in as long as you want to.

 

[GaiaGoddess]

You are a victim of the "there has to be something wrong with me" syndrome.

I didn't just pretend to have this to get out of this job. I have had this since I was a child. Why would a child want to find something wrong with them? I have dealt with this my whole life until last year finally finding out what it was.

And no, not everybody with your syndrome is up at 4 every day. Apparently you have done absolutely no research on it.

lol No research huh...ok. I told the sleep doctor what I suspected I had (after YEARS of research) and after asking me questions for 10 minutes said, "Well...I agree with your self diagnosis...you definitely have it!" I said "I am so glad to find out it was actually a real thing!" He said, "Oh yes, it's a real thing!" then we both laughed.

As to being relieved of finally being diagnosed with a cause;

Whoops, sorry but you have not been given a cause. Apparently you have no idea what a syndrome is. Simply put, a syndrome is a group of symptoms with no known cause. It really doesn't mean a lot in most cases. I have refused to allow my doctor to give me a diagnosis of my issue. Once that is done they quit looking for an actual cause. They simply treat the symptoms. I want to continue to look for a cause. Then we'll see if that can be fixed, not simply treated, but fixed (cured).

NOBODY knows the cause of this, and nobody knows the cure. You ARE right that yes there IS a cause but I am not a scientist or a molecular biologist so how can I find the cause? Their best guess is that it's either inherited or it's due to a defective gene. You got any ideas on how I can fix that?

As to travelling and having to pay for two nights; we are talking about your trip to Texas and nothing more. The added cost is minimal. Trying to lay it in with your regular business activities is ridiculous.

Ok lets figure that out...if I had left Friday night, I would have had to get a hotel there in town because there was a snowstorm and I couldn't drive to the next town with a hotel which was 4 hours away (remember ND has like 5 cities with hotels and they're all hours apart). So 2 nights in town would have costed me $200 and I would have been on the road again Sunday morning. I would have had to drive the entire way in one shot in order to get there by Monday. In fact in order to get to the hotel THERE to sleep before the class I would have had to get there Sunday NIGHT, which is impossible from Sunday morning since it takes 30 hours to drive there. Even if I had only stayed ONE night in a hotel I wouldn't have made it in time.

 

[GaiaGoddess]

what?

you are legally equal to being drunk after being awake for 16 hours?

you do realize that using the recommended amount of sleep (8 hours) that means a person is awake for 16 hours, every single day. Also realize that most people do not get that 8 hours of sleep. Based on your statement, most of the people are driving, walking, working, whatever in a condition equivalent of being drunk. Do you really believe that?

Im sorry, it was 18 hours, not 16... http://drowsydriving.org/about/detection-and-prevention/ They said this: "Being awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash'.

Ok, which is it? You either hire a hotel for 2 nights or you don't because it isn't practical.

I get a hotel for 2 nights driving from MN to ND which means I only have to stop once or twice on my way to and from work. Driving from ND to TX is 3 times longer so therefore I would have had to stay in a hotel at least 6 times (which is pretty much a whole week). Also remember when i'm travelling to and from work, I have alloted myself enough time. They wanted me to be in Texas in 4 days. They would have had to tell me over a week ago in order for me to get there in time.

people that get "highway hypnosis" are the people that are driving at night when they are normally awake during the day and sleep at night. If your "norm" is awake at night, you would be a lot less susceptible to the issue.

That is one factor, but it is far from the only one. I have gotten this many times, the main reason being monotonous scenery and fixating your eyes on one area and also boredom from long drives...read this: http://io9.com/what-causes-highway-hypnosis-485514642

as to a woman driving at night yada yada; didn;t you say that is what you did at your job already? Why is it suddenly a huge issue simply because you would be driving to Texas rather than doing whatever you did?

No, I dont drive at night for my job. I drive during the daylight and stop when it gets dark. That is one reason I break it up into small increments, to minimize night driving.

and why are you making all of these arguments about driving at night given you say that is what you were doing already? You make no sense.

I dont drive at night already. I also have enough time to get where i'm going, I am not given a deadline. When I get off work, I have 2 weeks off. When I leave to come back to work, I give myself 3 days to get back and I am not tired the first day because I leave from home so I can sleep past noon.

From Grand Forks North Dakota to Corpus Christi Texas it is 1542 miles. Google maps says it takes 22 hours and 24 minutes. How you can stretch that into a week of travel time is beyond me. That would mean you would drive for a bit more than 3 hours every day. Sorry but this is just more of your exaggeration with no valid basis behind it.

Well it's a 10 1/2 hour drive from where I live to my job, and it takes me 3 or 4 days. I have already explained why. So do the math...10 hours times 2 plus 2 equals out to 7 or 8 days minimum.

but what is your point? You have already been told that the ADA requires a covered employer to provide REASONABLE accommodations and making a night school for you is not going to be considered a reasonable accommodation.

I have said before I did not expect them to change the hours of the class. I had no idea what they could do to accommodate me, I threw out there maybe they could print out the class information and let me read it on my own time, I dont know what other solutions could be done. I don't even know why we needed the class, we work in a kitchen and the job down there is the same thing, working in a kitchen! It isnt like we were training for an entirely different career or something.

btw: you do realize that you did apply for the position, right? Then when you were given the position you applied for your balked and refused to go. Was it really a surprise they fired you? Your story about how you felt you had to apply or your job was at risk is silly.

We were forced to apply for the position, we were told it was mandatory. Funny though, there are people there who refused to fill out the application and they never got fired. When I asked my managers this, they tried to claim that they all quit first, but I can name at least 2 people who are still working there who never turned in their apps.