Fired and need advice

[Syndicki]

Hi guys, I need some advice. I started a new job in February ( in the financial services industry) and last week I was fired. We received our end of year reviews in June and mine did not go well. There are a number of reasons for this.

Unfourtnaty, very soon after I started I received so bad new about a family member and in addion, a close friend died in the same week. I advised the company at the time and I apologized. I also started seeing a counselor.

In addition, I have a medical condition that impacts my ability to work if I am not taking the right dose of medication. It turns out that I was actually on the wrong dose during the course of my employment and only was put back on the right dosage about a week before I was terminated.

When I was in the meeting where I was being terminated, I explained this to them for the first time, but was told that am welcome to pursue it after I leave, but this was going to be my last day. I then requested an accommodation and was told that separation had already occurred. However, I was still in the building and still had my laptop and I'd card before it was taken off me. I was able to send an email requesting an accommodation to HR before I was escorted out of the building.

I live in California. What are my rights? Have I been discriminated against? Am I entitled to claim unemployment benefits?

Any advice would be appreciated.

 

[Zigner]

Hi guys, I need some advice. I started a new job in February ( in the financial services industry) and last week I was fired. We received our end of year reviews in June and mine did not go well. There are a number of reasons for this.

Unfourtnaty, very soon after I started I received so bad new about a family member and in addion, a close friend died in the same week. I advised the company at the time and I apologized. I also started seeing a counselor.

In addition, I have a medical condition that impacts my ability to work if I am not taking the right dose of medication. It turns out that I was actually on the wrong dose during the course of my employment and only was put back on the right dosage about a week before I was terminated.

When I was in the meeting where I was being terminated, I explained this to them for the first time, but was told that am welcome to pursue it after I leave, but this was going to be my last day. I then requested an accommodation and was told that separation had already occurred. However, I was still in the building and still had my laptop and I'd card before it was taken off me. I was able to send an email requesting an accommodation to HR before I was escorted out of the building.

I live in California. What are my rights? Have I been discriminated against? Am I entitled to claim unemployment benefits?

Any advice would be appreciated.

No, you were not discriminated against. Yes, you are entitled to file a claim for unemployment benefits.

 

[Syndicki]

Thanks, I assumed as much but can you explain why?

 

[Zigner]

Thanks, I assumed as much but can you explain why?

It's clear to any reasonable person that you were terminated and THEN claimed a disability.

 

[Proserpina]

Thanks, I assumed as much but can you explain why?

Most discrimination is actually legal. It's only illegal if it's based on a protected characteristic.

You requested an accommodation after you'd been terminated; the fact that you were still in the building doesn't change that. Even if that was the case though, accepting a below-standard performance is not a reasonable accommodation.

 

[commentator]

You certainly can file for unemployment benefits and you should do so immediately. However, don't go overboard about the part about how you asked for an accommodation after you were already fired. That was an obvious Hail Mary maneuver, and the unemployment system won't be interested. They will only be interested in hearing one thing, that you showed up when you were supposed to and did your best. Though that was not acceptable to the employer, and they elected to terminate your employment, stress and stress again that you always did your job to the best of your abilities.

If you are fired, to keep you from receiving unemployment benefits (which cost the company money) the employer must demonstrate that they had a valid misconduct reason to terminate you. Chronic tardiness or absenteeism is considered misconduct. Not being able to meet their performance standards when you tried to do so is not.

Did you receive any prior warnings and counseling about your job performance before they gave you that first poor evaluation in June and terminated you? If so, did you then make your best effort to improve your performance?

Do not go into too much personal information about your difficult family situation or your poorly regulated medications. Just stress that you did not want to lose your job, that you are able and available for other full time work, and that you always did your job to the best of your ability.

 

[cbg]

There are no circumstances whatsoever under which your employer is required to accept performance issues in a disabled employee that they would not accept in a non-disabled one. Nor does your telling them that you have a medical condition automatically provide you with protections. It is your responsibility to make it clear to them that you need an accommodation; at that point they are responsible for determining (1) if your condition qualifies as a disability under the ADA and if so (2) whether or not there exists a reasonable accommodation that would allow you to perform to standard. Until it is established that your condition qualifies under the ADA, you are not, for the purpose of discrimination laws, disabled.

You did not request an accommodation until after you were fired. They had no legal obligation to rescind the termination and accommodate you instead. Had you requested an accommodation before you were fired, you might have qualified under the ADA or you might not. By waiting until after you'd been fired, you had no further options available. Even in California.

At this point, the rights you have left are to file for unemployment and look for a new job.

I'm sorry for your losses.

 

[Dandy Don]

What is the medical condition that you have?

Before you begin another job, decide in advance if this is something you would want to discuss with your new employer before you begin working there or if you are accustomed to and adjusted to your new medication regime comfortably, decide whether you would be able to begin a new job without the medication affecting your performance.

 

[Syndicki]

Guys,

Thank you so much for all of this advice. It is really helpful.

P