• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Discrimination/wrongful termination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

IrishRose_03

Junior Member
Oregon. I worked for a company going on 7 years. I have Systemic Lupus and Fibromyalgia, which the company was aware of when I was hired. In the past I have been taken off work by the MD, for a period 5 weeks when I flared, an MD note was sufficient in the past. 9-1-05 a new ED made a new attendance policy, which no longer would differentiate between excused and unexcused absences. Which I was concerned about, as I saw no accomodations for my illness as flares happen & I had some oral surgery scheduled, that concerned me. In October I did flare after having all of my upper teeth removed for a denture. I had to take 3 days off with a MD note submitted to employer. Then I again had to take 3 days off due to a second oral surgery and terrible pain, unable to work on pain meds, as I'm a nurse. I've been a nurse going on 16 years. Never written up or fired in my nursing career. In December, MD. took me off of work due to extreme muscle and joint pain related to Lupus and FMS, which had been triggered by the dental work. Lupus has to do with the immune system, and when a flare is triggered, my immune system is out of control and works against me.Upon coming back to work received a write up with 2 entries on it in regards to my absences. I didn't agree and verbalized this to my DNS and also the ED. I didn't sign write up, as I totally disagreed with it, because I was ill and had been under the care of My MD, and actually still in a flare and submitted notes from my MD in regards to absences each time. Being that my illnesses were flaring I was concerned because more absences were surely going to happen until the flare was under control. I was placed on steroids, pain medication and medication for stress and anxiety was increased by the MD. I contacted a corporate employee in regards to the attendance policy and verbalized my concerns that it didn't have accomodations for my disabilities. I was flaring and it wasn't getting better, but I continued to try to work and did up until my MD decided I had to stop working in order to hopefully get the flare under control. Corporate asked if they could use my name when speaking to ED, which I felt was fine, since my record was clear other that current attendance and was in good standing with company. I had requested LOA, was denied due to staffing in Jan. Dec. vacation, denied, due to staffing. In January again I missed a few days due to my illnesses, submitted MD excuse. I had to have echocardiogram done due to irregular heart rate and chest pains, employer aware. I needed to take care of myself before I could be a Nurse to anyone else. I felt no reason to not let her address the situation using my name. Again wrote up for absences, with treat of suspension. Well, 17 days after taking with corporate employee I was terminated. My MD. pulled me off of work on 2-1, I had FMLA forms to be completed by specialist I was to see on 2-22, which DNS was aware of. MD. notes and labs to verify my Lupus was indeed flaring was submitted to employer.
I have filed forms with BOLI. I don't want to let this company do this to anyone else. I have had a very difficult time for over a month. Almost lost my rented mobile home, have got behind on all my bills, lost my medical insurance 11 days after being terminated. Have been unable to get needed medications, without the help of my daughter. Lost the use of the medical clinic I went to due to No insurance now. This is so wrong and I would like to know what else I can do to assure this won't happen to another person with known disabilities.. I'm having more problems with the Lupus and Fibromyalgia now than when I was taken off work. :( IrishRose_03@hotmail.com
 
Last edited:


Sinsaint

Member
On the surface, it sounds like your employer is up to their eyeballs in FMLA violations and possibly disability discrimination. I don't know who BOLI is but you should file a complaint with your state's DOL and EEOC.

Did your employer send you COBRA notification?
 

cbg

I'm a Northern Girl
Well, hello, Sinsaint, haven't seen you in a long time! Welcome back!

Rose, IN TOTAL how much time have you missed in the last 12 months due to any and all medical conditions, including dental?
 

Sinsaint

Member
cbg said:
Well, hello, Sinsaint, haven't seen you in a long time! Welcome back!

Rose, IN TOTAL how much time have you missed in the last 12 months due to any and all medical conditions, including dental?

Been busy and it seems my account got deleted. I settled my lawsuit and am now building a house. Caleb turned three a few months ago and is doing great and hubby and I had a little girl last year! Thankfully, there were no problems with her. She was a few weeks premature but otherwise completely healthy. I'm glad everything is done and my life has moved on. Hope everythings going great with you..... and hi Beth.
 

Sinsaint

Member
I think I stopped posting about two years ago. That's when I got pregnant and was in the thick of it with my ex-employer. I just needed a break from it all. We finally settled a few months ago and between the kids and building a house I just don't have much time. Time sure has flown by though. I think I had a brain fart because employment law seems all new to me. Did Bush get rid of FMLA yet? ;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top