Anonymous
Post 12/04/2012 22:09     Subject: Re:Threatening to get fired over a disability...should I let it go?

I would do two things.

1. First research your legal rights, and figure out what you need to do to make sure you are protected (documentation, make sure you are covered, etc).

2. I'd address this with the boss head on to see why missing days was so distressing. Was in the number of days? Were they all in a row. Can you put some sort of back up plan in place for next time that would make it easier to deal with (such as make sure you save files in a place she can access in case someone else needs to take over your job). If your disability makes it likley that you will miss work, you need to do everything possible to make sure that the work can be picked up by someone else if needed -or at least minimize the stress. Can you still check e-mails a few times a day. Or offer to call in (if you are able).
Anonymous
Post 12/04/2012 21:41     Subject: Re:Threatening to get fired over a disability...should I let it go?

If she's now saying everything's fine, don't complain or threaten. Let it be fine.

But--quietly but thoroughly--document, document, document.

14:20, 14:20, and 19:54 have it right.

19:52 takes it a step further and that's the best position for you in an ideal world. But it might rock the boat and re-start the fight. Use your judgment (a) whether that would happen, and (b) whether you'd rather have the fight now, or just document for your file, get back to work, and see what happens next.
Anonymous
Post 12/04/2012 21:12     Subject: Threatening to get fired over a disability...should I let it go?

Are you eligible for FMLA if you have a disability that requires periodic sick leave? I would consult an attorney if I were you, to make sure that going forward you protect yourself. And as PPs say, document and save copies of everything; organize yourself as if every day could be your last, meaning don't delay in making necessary copies or saving e-mails or making sure you have contact information for industry contacts you might need down the road, or whatever. Make sure you have a copy of any employment policies for your workplace, including sick leave policies and medical/disability provisions.

Good luck!
Anonymous
Post 12/04/2012 21:10     Subject: Re:Threatening to get fired over a disability...should I let it go?

Are you sure your office is large enough to be covered under ADA?



Ultimately you have to be able to do your job. If for example, you are the receptionist, one of the things a receptionist generally has to do is actually show up each day. Frequent or prolonged absences, esp. if unscheduled, can create a serious business disruption.

Here's some info from the EEOC inc. what is a reasonable accomodation. http://www.eeoc.gov/policy/docs/accommodation.html#types

I would not email her. I would make a memo to file and document everything that happened.

Take a look at your employee handbook. What does it say about sick leave, unscheduled absences, ADA accomodations, FMLA leave, etc. Make sure you follow all the rules.
Anonymous
Post 12/04/2012 19:54     Subject: Threatening to get fired over a disability...should I let it go?

Keep the emails. I would print them out or forward them to your personal email.
Anonymous
Post 12/04/2012 19:52     Subject: Threatening to get fired over a disability...should I let it go?

OP, I would follow up with an email to document the conversation(s). Don't threaten and don't make a big deal.

Say something like "Brenda, I just want to make sure we are on the same page regarding the four days of sick leave I just took for my [diabetes]. It's my understanding that we are in agreement that this is considered approved leave under all company policies and that you are not holding this against me. If not, please let me know immediately that we require further discussion."

Do not bring up ADA, discrimination, or hostile work environment. Just make sure to get in writing that your leave is approved, it's for a medical condition, and it's not being held against you under company policies.
Anonymous
Post 12/04/2012 19:44     Subject: Re:Threatening to get fired over a disability...should I let it go?

Is it psoriasis?
Anonymous
Post 12/04/2012 14:21     Subject: Threatening to get fired over a disability...should I let it go?

If your disability gets in your way of doing the job, you can be fired. The ADA only requires them to provide you with reasonable accommodation. If you're unable to perform your duties, you are not protected.
Anonymous
Post 12/04/2012 14:20     Subject: Threatening to get fired over a disability...should I let it go?

OP, I know this was an unpleasant episode, but at this point, I think you should just let it lie, BUT keep that written documentation in a file. If you feel supervisor is continuing to be abusive or discriminatory, then you can go to HR with a pattern. At this point, just doesn't seem to be anything actionable.
Anonymous
Post 12/04/2012 14:20     Subject: Re:Threatening to get fired over a disability...should I let it go?

I would document the event with a memo to file, dated on a computer so it can be verified. Save any relevant emails or documents. I would not raise it up to HR unless an actual action was taken -- disciplinary or otherwise. If nothing else happens again, great -- you keep going as you were, everything is fine. If the boss does something more serious, such as a disciplinary act or retaliatory act, then you can reconsider, and have evidence of the earlier action.
Anonymous
Post 12/04/2012 14:19     Subject: Re:Threatening to get fired over a disability...should I let it go?

She threatened to fire you.
No, wait...the note impliedit. Or wait...you inferred it?

Not clear at all. What do you want?
Anonymous
Post 12/04/2012 14:17     Subject: Threatening to get fired over a disability...should I let it go?

If nothing bad has happened to you how were you "discriminated against" and what would your damage be? She spoke harshly and inappropriately to you... so what (I know it wasn't nice.) But did she cut your hours, take you off a good project, damage your reputation in some way, make you lose a client?

She apologized.... so what more do you think you should get?
Anonymous
Post 12/04/2012 14:13     Subject: Threatening to get fired over a disability...should I let it go?

what is the disability and what is the job. DUH how can we determine if you are right or wrong without that info.
Anonymous
Post 12/04/2012 14:12     Subject: Threatening to get fired over a disability...should I let it go?

This may be a long story, but I am wondering what I should do if anything. I suffer from a chronic medical condition that is considered a disability and protected against on the Americans With Disabilities Act. My condition has caused me to call off work a total of 4 days from work. My supervisor, who up until this point I liked and thought of as a nice person and pretty much everyone in the office feels the same (that she is a nice/good boss). However, I was threatened to get fired due to this disability (which was the reason for the need to miss 4 days). I have written proof of this dialogue with my boss. Others (spouse/family and friends) who have read this correspondence have also agreed that it was harsh and it implies I would be fired because of this condition.

After the fact, I have spoken with my boss and she had apologized for her harsh words and then backpedaled and said she did not mean it as I would be fired. Things at this point are somewhat "smoothed over" but I cannot help but feel like I was potentially discriminated against and am wondering if I should just (a.)let it go and realize she is not as nice as we all thought she was or (b.) bring this to her superior's attention or HR? I am afraid if I did (b.) that would muddy the waters and create a hostile work environment. In either event it really made me feel like when it comes to jobs we (or at least me) are just seen as warm bodies in chairs just performing the job and not as a human being.