Fired

[NancyJHP]

My doctors office called me at work to tell me that the Datscan my doctor wanted to order wouldn't be covered by insurance. The attorney I work for overheard the conversation and fired me on the spot. That was two weeks ago. Does anyone have any advice for me? I'm still pretty stunned by the whole thing. I was working at a small law firm in an old house, everybody could hear each others conversations.

[danfitz]

Talk to an attorney in your state who specializes in employment law.

[park_bear]

If you are in US:

eeoc.gov/facts/ada18.html

"If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.

You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees."

[Gioc]

Better that way, now you know who you worked for. I know it will be hard but you will surely find something better. There is no problem that can not be solved in this world.

[munchybunch]

I’m sure that’s not legal at all. Speak to a lawyer

[danfitz]

Regrettably some of the anti-discrimination laws may not apply depending on the state because it is a small employer. But if you do consult an attorney and this is the case in your case be sure to ask about filing a complaint with your state bar association as an alternative. If you can’t pursue a complaint any other way a bar association complaint may give you some leverage even if the law precludes a discrimination complaint.

[danfitz in reply to danfitz]

I should have mentioned that I keep referencing state law because the ADA which is administered by the EEOC only applies to employers with 15 or more employees and I assume that a law firm that fits in a house has fewer than 15 employees. State law may be different.

[NancyJHP]

There were less than 15 employees. I'm in NC, probably zero state laws here to protect an employee.

[Juliegrace]

What kind of law do they practice? They obviously have little to no ethics.

[danfitz in reply to Juliegrace]

Some would say that being ethnically challenged is a prerequisite to joining the profession.

[NancyJHP in reply to Juliegrace]

Commercial real estate and zoning

[andrehypnotic]

Hang that attorney high and dry!!

[danfitz in reply to andrehypnotic]

“The first thing we do, let's kill all the lawyers".

William Shakespeare Henry VI, Part 2, Act IV, Scene 2.

[NancyJHP in reply to danfitz]

You guys are like the bunch of great friends I never had!

[jimcaster in reply to danfitz]

...except those with Parkinson’s Disease. (Inadvertently omitted from final draft). 😊

[Babowen898]

What excuse did he give you for firing you? There had to have been some reason on his part. This is crazy! What part of NC?

[NancyJHP in reply to Babowen898]

She said she was firing me because I didn't seem happy. She said my work was excellent. I'm in the Charlotte area.

[danfitz in reply to NancyJHP]

So she thinks she will increase your happiness by firing you?

[Babowen898 in reply to NancyJHP]

That is totally ridiculous! I would check with someone. One good thing, you can draw unemployment since she fired you.

[wifeofparky]

Sounds like you have a discrimination case on your hands. Has your PD effected your performance at work? Have you been disciplined for any work related activities? I'd seek legal advice.

[NancyJHP in reply to wifeofparky]

I was never disciplined about anything. She said my work was excellent. I had a somewhat difficult time getting up and down the stairs to my office. I'd like to think my tremor isn't that noticeable, but I do drop food while I'm eating. I had fallen a few times while I was at work. I get extremely stiff if I sit for very long, so if I was in a meeting and had to get up, it was pretty noticeable that I couldn't get into an upright position very quickly and I'd be really hunched over. I have memory loss, but I kept up with all my work in a spreadsheet I made in Word, so I was actually better at keeping up with things better than she was.

[wifeofparky in reply to NancyJHP]

this is despicable. You definitely need legal advice.

[faridaro in reply to NancyJHP]

Sorry to hear about your job situation - sounds like outright discrimination and violation of Americans with Disabilities Act (ADA). If you are close to Charlotte, you can contact the advocacy agency which might have a legal advisor to give you free advice regarding your rights. Here is contact information:

Charlotte-Mecklenburg Advocacy Council for Persons with Disabilities

c/o Disability Rights & Resources

5801 Executive Center Drive, Suite 101

Charlotte, NC 28212

704-537-0550 (v/tty)

disability-rights.org

[NancyJHP]

I've never checked the disabled box when applying for a job online, but maybe I should and see how that pans out.

[danfitz in reply to NancyJHP]

Good luck!!

[justhavefun2 in reply to NancyJHP]

How about a HIPPA violation against the doctor/insurance company? They need your permission in order to give you information over the phone. If they did not get that, they could, potentially, be in some trouble. That law is in place specifically to prohibit situations like yours from coming to pass...among other things...I am so sad to hear of your plight!