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I was discriminated against


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Old 6th May 2011, 8:35 PM   #16
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Originally Posted by melodymatters View Post
Sadly enough, I guess now you know not to disclose this. if you ever DO seize on company time, tell 'em it never happened before in your life and it's probably environmental on THEIR part. What a sh*tty, sh*tty world
While understandable, this is probably the worst advice you could take.

to deliberately withhold information of this kind, and then continue to mislead in the unlikely event of a seizure, really is not a good idea.
medical records will show you to have been less than honest - for which they could fire you.

The fact that you didn't 'fit' could be that you withheld information, and therefore, to all intents and purposes, lied to them. If the questionnaire asked whether you had any medical condition at all, or enquired about any form of medication, and you said 'no' where you should have put 'yes' - then bear in mind that they think you might not fit, because of your withholding information, regardless of what the condition is.....

In other words, they might be firing you for being dishonest, not for having epilepsy.
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Old 6th May 2011, 8:38 PM   #17
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Sorry to hear this Lauriebell. Not sure what to say besides sending good vibes your way. ((hugs))
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Old 6th May 2011, 8:51 PM   #18
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Originally Posted by jerbear View Post
Are you still within your probationary trial period? If so, at-will and "not a good fit" is a valid reason for termination. Bad reason in my book but a reason.

I still say talk to your lawyer registered in your state. BTW I believe your state is an At-will state. In simple generic terms, employer and employee can terminate employment for any reason other than those protected classes or in bad faith. Seek a lawyer specializing in labor relations.
Pardon but where did you get your informal law degree to "assume" that because a state is "at will" equates to "anything goes"? There are federal laws that supercede "AT will STATES" from certain firing methods and antics. Correct though that a real lawyer can best serve her on this matter.

Only because Laurie gave further details that the "not a good fit" was the reason did they get away "dodge" the lawsuit. Laurie knows the truth though that when she did disclose her "medical" condition , it was soon after that she was terminated. She very well "could" bring a suit, the problem is they cost much money to fund for a small return. The positive in a lawsuits is it sets a premise (warning) to employers for their dismissal techniques.
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Old 6th May 2011, 8:54 PM   #19
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Sorry this happened to ya. Just make sure next time to tell them everything.
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Old 6th May 2011, 9:02 PM   #20
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This is ridiculous.

LB, email me at my private address. You have it...
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Old 6th May 2011, 9:21 PM   #21
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Tara Maiden- Where on a job application is it allowed to write medical conditions ? I beleive persons' medical diagnosis and treatments are protected under federal law on applications or at time of interview? An Employer can request at time of entry for employ:
1: Drug testing
2: Physical exam
3: Mental exam
4: Any felony charges or offenses.

Don't agree with the way they handled the dismissal for Laurie yet because they kept it vague in reasoning they covered their bums.

Every politician should be fired and every lawyer dismissed if "being completely Honest" and not giving FULL disclosure was a pre-req. People tell on a need to know basis and if its a pre-req for the job duties directly.
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Old 6th May 2011, 9:25 PM   #22
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Originally Posted by Star Gazer View Post
This is ridiculous.

LB, email me at my private address. You have it...
SG to the rescue. Good!

I have no advice. Just feeling concerned LB. I hope you're ok. It's terribly unfair.
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Old 6th May 2011, 9:32 PM   #23
 
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Originally Posted by jerbear View Post
Are you still within your probationary trial period? If so, at-will and "not a good fit" is a valid reason for termination. Bad reason in my book but a reason.

I still say talk to your lawyer registered in your state. BTW I believe your state is an At-will state. In simple generic terms, employer and employee can terminate employment for any reason other than those protected classes or in bad faith. Seek a lawyer specializing in labor relations.
Quote:
Originally Posted by Tayla View Post
Pardon but where did you get your informal law degree to "assume" that because a state is "at will" equates to "anything goes"? There are federal laws that supercede "AT will STATES" from certain firing methods and antics. Correct though that a real lawyer can best serve her on this matter.

Only because Laurie gave further details that the "not a good fit" was the reason did they get away "dodge" the lawsuit. Laurie knows the truth though that when she did disclose her "medical" condition , it was soon after that she was terminated. She very well "could" bring a suit, the problem is they cost much money to fund for a small return. The positive in a lawsuits is it sets a premise (warning) to employers for their dismissal techniques.
Perhaps you should re-read the parts in bold above. What you stated applies to employees that pass the probationary period and a protected class regardless of at-will or not.

If she is still in her probationary period, "not a good fit" is a valid reason. Having said that, the predicate to the employer's "not a good fit" reason during the probationary period does not sound right. Hence I stated protected classes and bad faith; and further stated, seek a registered labor lawyer in her state. The OP may or may not have a case.

The lawsuits are so skewed against the employers. It is usually cheaper for the company to settle and authorize the unemployment than to fight. Why pay to litigate when you can pay any amount under the litigation cost to make them go away.
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Old 6th May 2011, 9:38 PM   #24
 
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Originally Posted by Kamille View Post
SG to the rescue. Good!

I have no advice. Just feeling concerned LB. I hope you're ok. It's terribly unfair.
Yeah! SG!

Quote:
Originally Posted by Tayla View Post
Don't agree with the way they handled the dismissal for Laurie yet because they kept it vague in reasoning they covered their bums.
I agree on that part.

Quote:
Originally Posted by Tayla View Post
Every politician should be fired and every lawyer dismissed if "being completely Honest" and not giving FULL disclosure was a pre-req. People tell on a need to know basis and if its a pre-req for the job duties directly.
The lawyers and politicians are usually one and the same.

Last edited by jerbear; 6th May 2011 at 9:43 PM..
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Old 6th May 2011, 11:09 PM   #25
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Originally Posted by Tayla View Post
Tara Maiden- Where on a job application is it allowed to write medical conditions ? I beleive persons' medical diagnosis and treatments are protected under federal law on applications or at time of interview? An Employer can request at time of entry for employ:
1: Drug testing
2: Physical exam
3: Mental exam
4: Any felony charges or offenses.

Don't agree with the way they handled the dismissal for Laurie yet because they kept it vague in reasoning they covered their bums.

Every politician should be fired and every lawyer dismissed if "being completely Honest" and not giving FULL disclosure was a pre-req. People tell on a need to know basis and if its a pre-req for the job duties directly.
You're incorrect about several points here.
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Old 6th May 2011, 11:13 PM   #26
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Jerber, you're also incorrect.

"Not a good fit" was an obvious pretext for discrimination, particularly given the temporal proximity between her disclosure and termination. At best, this is a mixed-motives case and thus they still violated PA's anti-discrimination statutes.
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Old 6th May 2011, 11:16 PM   #27
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HIPPA says I DON'T have to disclose I have Epilepsy, even moreso because the disability does not interfere with the essential functions of my job (which it doesn't) and since I don't need reasonable accomodations because of it. On a questionare I listed that I had a medical condition but did not disclose what it was, and legally they can't ask me what it is.

Doesn't even matter that they kept it "vague" you can't legally fire someone after they disclose they have a disability, especially since there was no previous reasoning or justification for it. No disciplinary reports, no negative reports whatsoever. They even have the order form which I signed THAT MORNING for a filing cabinet. Clearly they weren't planning on firing me prior to my disclosure. They already told me it wasn't because of my performance and I only worked there for 2 weeks. They don't have a leg to stand on actually.

And even if they DID fire me for not disclosing I have Epilepsy, I don't legally have to so they STILL broke the law.
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Old 6th May 2011, 11:18 PM   #28
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Well, HIPAA's really not relevant in this instance. That protects against your employer's disclosure of your medical condition to others (aka maintaining your privacy) - not your disclosure to your employer.

That said, fact is, they find you to be "not a good fit" because of your disability. THAT is discrimination in its purest form, both under PA law and Title VII.
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Old 6th May 2011, 11:20 PM   #29
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Originally Posted by Star Gazer View Post
Well, HIPAA's really not relevant in this instance. That protects against your employer's disclosure of your medical condition to others (aka maintaining your privacy) - not your disclosure to your employer.

That said, fact is, they find you to be "not a good fit" because of your disability. THAT is discrimination in its purest form, both under PA law and Title VII.
Yep, that's what the lawyer said. You are right about it not being HIPAA, I'm pretty sure I DON'T have to disclose that I have Epilepsy though and legally they can't ask me right?
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Old 6th May 2011, 11:39 PM   #30
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Originally Posted by Lauriebell82 View Post
Yep, that's what the lawyer said. You are right about it not being HIPAA, I'm pretty sure I DON'T have to disclose that I have Epilepsy though and legally they can't ask me right?
All they can ask you is whether you have a disability or medical condition which impacts your ability to perform the essential functions of your job, or you have a disability which requires some sort of reasonable accommodation. If, and only if, you say yes, they are duty bound to engage you in an "interactive process" to find out what essential functions you're unable to perform, and/or what reasonable accommodations they can provide. Failure as to either of these items subjects them to liability in a discrimination suit.
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