Did I get fired because of a pre-existing condition?

[keithy_19]

The reason I was given for my termination was "I wasn't progressing quickly enough". This reasoning is dumb considering I did everything that I was asked to do.

It's interesting to me that my getting fired seemed to coincide with me turning in my form for health insurance. My medication is expensive (just under 3,000 dollars a month).

It's interesting to me, because my boss said that when there's a reason for firing someone it's easier. So, I guess there was no real reason to fire me? Or at least, no reason based on my actual job performance.

[Furtherman]

Only you know if you worked hard or not. If you think it was because of your condition, might you have a case against them? Would you even pursue it?

[Snacks]

Who knows? I doubt you will ever know.

Not to be too in your business but why do you need so much medicine? Arent you like 20 years old? Does that include the ambien? If so that can knock $100 off right there because you really need to stop taking that!

[keithy_19]

Who knows? I doubt you will ever know.

Not to be too in your business but why do you need so much medicine? Arent you like 20 years old? Does that include the ambien? If so that can knock $100 off right there because you really need to stop taking that!

My ambien costs 15 dollars.

The 3000 is for copaxone which is for multiple sclerosis.

And I love my ambien. It's possibly my favorite part of the day. Sure I forget about what I do, but it's still just great.

And I'm 22. Which makes a world of difference, of course.

[Tenbatsuzen]

The reason I was given for my termination was "I wasn't progressing quickly enough". This reasoning is dumb considering I did everything that I was asked to do.

It's interesting to me that my getting fired seemed to coincide with me turning in my form for health insurance. My medication is expensive (just under 3,000 dollars a month).

It's interesting to me, because my boss said that when there's a reason for firing someone it's easier. So, I guess there was no real reason to fire me? Or at least, no reason based on my actual job performance.

Did they warn you about your performance before this happened?

Because no offense, given your posting here, I can see why there may be issues in the corporate world.

[Tenbatsuzen]

Only you know if you worked hard or not. If you think it was because of your condition, might you have a case against them? Would you even pursue it?

New Jersey is an at-will state. Just take the unemployment, enjoy the time off.

[keithy_19]

Only you know if you worked hard or not. If you think it was because of your condition, might you have a case against them? Would you even pursue it?

That's the thing. I know I worked hard. I'd be the first to admit if I slacked off, but with this job I didn't.

As for having a case against them, I could never prove it even if that was their reasoning for axing me.

[Furtherman]

Did they warn you about your performance before this happened?

Because no offense, given your posting here, I can see why there may be issues in the corporate world.

Good lord.... some of the meetings I go to, I feel like killing myself.

[keithy_19]

Did they warn you about your performance before this happened?

Because no offense, given your posting here, I can see why there may be issues in the corporate world.

None. And I'm much more...um...normal? when I'm not on the board.

[Tenbatsuzen]

That's the thing. I know I worked hard. I'd be the first to admit if I slacked off, but with this job I didn't.

As for having a case against them, I could never prove it even if that was their reasoning for axing me.

How long did you work at this job and did you disclose the MS to them?

[Snacks]

My ambien costs 15 dollars.

The 3000 is for copaxone which is for multiple sclerosis.

And I love my ambien. It's possibly my favorite part of the day. Sure I forget about what I do, but it's still just great.

And I'm 22. Which makes a world of difference, of course.

Is it $15 co pay or $15 without insurance? I used to take it everyday for 2 years and it was the greatest pill ever. But I dont have insurance right now and was getting to used to taking it. I would love to get a script now but like I said no insurance but if youre telling me $15 is without ins then that changes things.


Oh and sorry about your MS. That sucks!

[Tenbatsuzen]

Good lord.... some of the meetings I go to, I feel like killing myself.

Why do you think I got out and started setting up my own business?

[keithy_19]

How long did you work at this job and did you disclose the MS to them?

About a month. And I did not.

[keithy_19]

Is it $15 co pay or $15 without insurance? I used to take it everyday for 2 years and it was the greatest pill ever. But I dont have insurance right now and was getting to used to taking it. I would love to get a script now but like I said no insurance but if youre telling me $15 is without ins then that changes things.


Oh and sorry about your MS. That sucks!

The A&P pharmacy has a plan for people who don't have insurance. Generic medications are pretty damn cheap. Paxil is only 3.99.

15 bucks for a 30 day supply isn't bad.

[spoon]

Why do you think I got out and started setting up my own business?

Bc you can't get along with a mirror and you had no choice?

[spoon]

New Jersey is an at-will state. Just take the unemployment, enjoy the time off.

Yes, listen to this asshole and have it happen 5 times over the next 5 years. Fuck Tenbats, just stop. If it is in fact discrimination, at will means nothing and he may have MORE of a case if they canned him one month in upon finding out. Disclose your MS? Really? Do you disclose you're an asshole? Because seriously, that would hinder a person's work much more than a manageable disease. Your only therapy is becoming a recluse.

[Tenbatsuzen]

Yes, listen to this asshole and have it happen 5 times over the next 5 years. Fuck Tenbats, just stop. If it is in fact discrimination, at will means nothing and he may have MORE of a case if they canned him one month in upon finding out. Disclose your MS? Really? Do you disclose you're an asshole? Because seriously, that would hinder a person's work much more than a manageable disease. Your only therapy is becoming a recluse.

Why don't you take a look at the thread before you jump to conclusions? I had no idea keithy had MS until he disclosed it in this thread and before that original post was made. (Keithy's post about MS was made at 5:33, mine was made at 5:34 responding to Further upthread)

Secondly, if he did disclose that he had MS to his job, and they did can him, THEN IT IS ACTIONABLE. But if he did NOT disclose the MS, it makes more sense that he was let go for performance than the MS.

You don't disclose you have issues to everyone at your job but you make sure you do it with HR so they know you are a protected class.

[Tenbatsuzen]

About a month. And I did not.

If you were there for a month and you didn't disclose the MS, it's performance. Chalk it up to not being a good fit, take unemployment, look for something else.

[keithy_19]

If you were there for a month and you didn't disclose the MS, it's performance. Chalk it up to not being a good fit, take unemployment, look for something else.

I'm lying. I did disclose it on the health insurance form for the company. I never brought it up to anyone before that though. I submitted the form and a week later they fired me.

[Tenbatsuzen]

I'm lying. I did disclose it on the health insurance form for the company. I never brought it up to anyone before that though. I submitted the form and less than a week later they fired me.

If you don't mind me asking, what was the salary ball park for the position?

[Tenbatsuzen]

Also, some other questions:

Was it a large (500+ employees) or smaller company?

Who saw the Health Care form? Did you give it to someone to HR or your manager?

[keithy_19]

If you don't mind me asking, what was the salary ball park for the position?

It was an hourly based salary. I was making 10/hr.

[spoon]

Or he can pass this personal info on to a lawyer instead of someone wearing their HR hat on a public board.

[Tenbatsuzen]

Or he can pass this personal info on to a lawyer instead of someone wearing their HR hat on a public board.

I asked for general information. AND HE FUCKING ASKED FOR ADVICE, YOU DOLT.

[spoon]

I asked for general information. AND HE FUCKING ASKED FOR ADVICE, YOU DOLT.

Salary and health is general information? So Tenbats, what was your salary at your last job and what health issues do you have?

[keithy_19]

Also, some other questions:

Was it a large (500+ employees) or smaller company?

Who saw the Health Care form? Did you give it to someone to HR or your manager?

Not positive on the number of employees but it was well udner 500.

I gave it to the office manager who takes care of all those things. (it was a physical therapy office with two locations).

[spoon]

hr hat matty is worse than radio hat matty

nah, just kidding

I just can't wait for small business/entrepreneur hat matty

[Tenbatsuzen]

Salary and health is general information? So Tenbats, what was your salary at your last job and what health issues do you have?

I made under 100K and I constantly tell people to go fuck themselves. Like right now, for example.

[spoon]

I made under 100K and I constantly tell people to go fuck themselves. Like right now, for example.

Perfect, we are COMPLETE opposites.

[Tenbatsuzen]

Not positive on the number of employees but it was well udner 500.

I gave it to the office manager who takes care of all those things. (it was a physical therapy office with two locations).

It's borderline. I don't know. To cut someone after a month for a $10 dollar an hour job (just 3 dollars over min/wage) if you were never reprimanded or coached or warned about your work, especially after you turn in something disclosing you have MS. I don't know. You may want to see what your options are if you really want to pursue it.

I like to think that most companies are aware of the repercussions of doing shit like this, but you never know with smaller businesses.

DId the job tell you that you were on a probationary period to start? Did they warn you when you first started that cuts will happen fast? And are you absolutely SURE they did not warn you, coach you, or reprimand you in regards to your work and performance?

[spoon]

It's borderline. I don't know. To cut someone after a month for a $10 dollar an hour job (just 3 dollars over min/wage) if you were never reprimanded or coached or warned about your work, especially after you turn in something disclosing you have MS. I don't know. You may want to see what your options are if you really want to pursue it.

I like to think that most companies are aware of the repercussions of doing shit like this, but you never know with smaller businesses.

DId the job tell you that you were on a probationary period to start? Did they warn you when you first started that cuts will happen fast? And are you absolutely SURE they did not warn you, coach you, or reprimand you in regards to your work and performance?

Did the HR rep have fake tits? Can I have a picture to send to everyone ever on AIM and creep out even those not easily weirded out?.

[keithy_19]

DId the job tell you that you were on a probationary period to start? Did they warn you when you first started that cuts will happen fast? And are you absolutely SURE they did not warn you, coach you, or reprimand you in regards to your work and performance?

They were training me for the first two weeks, but it was never stated that it was probationary. There were no warnings or reprimands about my performance. Only positive things were said, or if I mixed up something on a chart (very early on when I started) they would kindly tell me of the proper away. That was it.

The office manager who fired me was the same that I interviewed with. She told me during the interview that they were looking for someone who would be with the company for a long time.

[Recyclerz]

The reason I was given for my termination was "I wasn't progressing quickly enough". This reasoning is dumb considering I did everything that I was asked to do.

It's interesting to me that my getting fired seemed to coincide with me turning in my form for health insurance. My medication is expensive (just under 3,000 dollars a month).

It's interesting to me, because my boss said that when there's a reason for firing someone it's easier. So, I guess there was no real reason to fire me? Or at least, no reason based on my actual job performance.

The timing does seem suspicious. Small businesses are really reluctant to take on somebody who is high risk/cost because their insurance rates jump up exponentially. (This is why some of us are happy about Obamacare, but I digress.) If you need the insurance or if you really wanted this job it might not be a bad idea to talk to an employment lawyer. You might not get somebody to go the whole ten yards because I don't think your situation would result in a mega-payday like class-action suits do but you might get someone willing to press the business a little to show their cards about why they canned you and teach them that Keithy is not to be trifled with.

[Tenbatsuzen]

They were training me for the first two weeks, but it was never stated that it was probationary. There were no warnings or reprimands about my performance. Only positive things were said, or if I mixed up something on a chart (very early on when I started) they would kindly tell me of the proper away. That was it.

The office manager who fired me was the same that I interviewed with. She told me during the interview that they were looking for someone who would be with the company for a long time.

If this is legit, get a lawyer and ask the mods to delete this thread.

[keithy_19]

If this is legit, get a lawyer and ask the mods to delete this thread.

The awful thing is, I don't really have the money for a lawyer. So it just feels like a lose lose.

[spoon]

If this is legit, get a lawyer ...

NO SHIT!

[spoon]

The awful thing is, I don't really have the money for a lawyer. So it just feels like a lose lose.

As Recycler stated, they'll assess the case and look at it's potential before you pay a penny with the right firms. It may not be the case for a big org, but that doesn't mean they won't have someone in mind to pick it up.

[SatCam]

I work in retail and the turnover is high. It is generally understood that if it looks like someone isnt going to work out, its much easier to get rid of them early than try to fire them later. So even if you think everything was going fine, maybe they saw it differently, and they decided to can you rather than give you the chance to improve.

Is it really worth fighting for a $10/hr job?

Also, is there any way you can get onto your parents insurance? I payed my own premiums for the last 2 years (im 20 and not in school) but now with obamacare i am back onto my parents insurance as of jan 1st this year. Saves me about $120/mo and didnt cost my parents anything extra. Adult children are supposed to be covered until age 26 now

[keithy_19]

I work in retail and the turnover is high. It is generally understood that if it looks like someone isnt going to work out, its much easier to get rid of them early than try to fire them later. So even if you think everything was going fine, maybe they saw it differently, and they decided to can you rather than give you the chance to improve.

Is it really worth fighting for a $10/hr job?

Also, is there any way you can get onto your parents insurance? I payed my own premiums for the last 2 years (im 20 and not in school) but now with obamacare i am back onto my parents insurance as of jan 1st this year. Saves me about $120/mo and didnt cost my parents anything extra. Adult children are supposed to be covered until age 26 now

It's more the whole idea of getting fired because of a medical condition that in no way affected my work. If anything, working in a health field I was more understanding of the plight of patients who came in (maybe).

I thought of using Obamacare, but I was under my dad's insurance before. Unfortunately he retired. So, there goes that.

[realmenhatelife]

I have to imagine this would be pretty difficult to prove but wouldn't be shocked if it was true. I also cant imagine that anyone being hired at an hourly rate isn't considered probationary for like 90 days. If it wasn't pointed out to you it may have been in something you signed. That's one of the reasons it's probably hard to prove.

Even if you dont want to pursue this with a lawyer which does seem like a big waste of time, you might as well call OSHA or whichever agency they tell you to report this stuff to.

[PapaBear]

Was the first time they said they weren't happy with your performance, the day they fired you? Because, if you do pursue some action through a disabled persons organization, they will likely have to show that you had been warned before about your progress.

[keithy_19]

Was the first time they said they weren't happy with your performance, the day they fired you? Because, if you do pursue some action through a disabled persons organization, they will likely have to show that you had been warned before about your progress.

It was.

I don't think I'm going to pursue anything because of how difficult it will be to prove. I am going to look into various ways to get this not to happen again, though.

[Justice4all]

This sounds a lot like the company I worked for last year.
They terminated our department after a little more then a month and relocated us to another area of the company.
2 people left.
3 of us remained.
They moved me to a position where my medical and benefits would be terminated. I was to be put on a hourly rate.
The other 2 were terminated the DAY their benefits were to kick in. Out of the blue.

It reeked of being a setup. Use us for the 3 months then cut us loose.

Keithy, I would really look into it. I know 10/hr is only 3 over the minimum but you're 22 and I bet it's enough for you. Not to mention the benefits are just as important as the money.

It's smart to make it not happen again and see where you went wrong. This is where companies should wise up. If they don't tell people the exact reason why they are being fired or let go, how the hell can people learn from any mistakes that they make, if they were made at all?

Good luck man.

[Jayw]

Probably. :down:

[midwestjeff]

You probably should have been less possessive over your stapler.

http://www.gothamist.com/images/milton_looks.jpg

[Thebazile78]

The awful thing is, I don't really have the money for a lawyer. So it just feels like a lose lose.

You can get a lawyer pro bono. It's not necessarily going to be some geriatric drunk whose last CLE credit was a workshop he didn't have to show up for.

Contact the state bar association. And get the mods to delete the thread if you decide to pursue a case.

[Dude!]

people who are doing
a fantastic job almost
never get fired

[CountryBob]

Keith, I am a HR manager and there are a few angles to look at here.
1. Normally, an employer does have some sort of review period that takes place after hiring new employees. This could be just coincidence in the timeliness of your dismissal and your disclosure of your medical needs. I dont know how it works on your state but most companies have a set of steps before terminating an employee due to performance reasons. Usually, they will have some sort of corrective action plan in place that you will be in before termination - unless you violated some specific rules that validate termination immediately.
2. If the company did fire you due to your health issues - that is illegal but good luck proving this. You might find an attorney that will work on % - if you win damages.

What does your gut feeling tell you? Do you really feel that it was due to the health insurance disclosure?

[spoon]

To me it's less about the money and more about what's right.

Wednesday Keithy.

[Zorro]

It's more the whole idea of getting fired because of a medical condition that in no way affected my work. If anything, working in a health field I was more understanding of the plight of patients who came in (maybe).

I thought of using Obamacare, but I was under my dad's insurance before. Unfortunately he retired. So, there goes that.

Being the person that has to do the firing I can assure you no one ever thinks their work isn't up to par.

on another note: I laugh at the guy that thinks by owning his own business he'll have fewer problems.