frustrated....

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Cookie's Wife
Regular Member


Date Joined Aug 2005
Total Posts : 299
   Posted 6/25/2008 4:03 PM (GMT -7)   
I have been at my current job for almost 4 years and in my current position for almost 2 years. 
 
My job requires me to be in families homes and I haven't been making all my "contacts" due to my panic attacks on top of my Crohn's.  My supervisor has and had been aware of this from the beginning.  Now I'm being disciplined because I didn't have "current" documentation of unable to my job duties.  Anyway my question is... Isn't the point of FMLA papers is to have documentation of your illness and to state that there are times that you may not be able to perform your job duties and miss work?  Or do I have this all wrong? 
 
I've already spoke to an attorney and he seems to think I have a case but of course I don't have the $$ and my employer twists things to their favor. 
 
Has anyone experienced this and if you have, has anyone followed through with suing?
 
I'm stressed which doesn't help the gut.  I did find a new job that fits better with my Crohn's but it's a HUGE pay cut and the insurance is expensive...
 
Thanks! 
~april
 

 



FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 6/25/2008 4:26 PM (GMT -7)   
This is NOT LEGAL advice just a guess on my part -

FMLA allows you to miss work because of a disease or illness. The ADA (American's with disability act) requires employers to provide reasonable accomodations for an employee with a disability.

If you didn't make your contacts because you missed work under FMLA you should be protected. Your employer can not expect you to complete the same amount of work while being in the office less time. If you have to see 30 clients per month and you miss 5 days under FMLA your employer should have to adjust the number of clients you see per month.

But FMLA doesn't last forever and crohns does. You would need to get reasonable accomodations under the ADA. A reasonable accomodation might be you do some of a coworkers office visits and she does some of your home visits.

The lack of a bathroom during a home visit is more likely to be seen as a disability under the ADA than panic attacks. I would focus on the bathroom issue. A disability is usually an impairment which significantly limits one of lifes major functions. Here, the ability to hold the bowels.

As far as your panic goes have you seen a therapist? I was experiencing panic and that really helped me. Also, I take a low dose of xanax when I am in a situation where I expect to panic.

about your case - see if you can find an attorney who will work on a contingency fee. He/she only gets paid if you win and just a portion of the money you win. But here you weren't fired just discipline. A letter from an attorney might be enough to get this off your record.
26 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.


Texan with Crohn's
Regular Member


Date Joined Dec 2007
Total Posts : 362
   Posted 6/26/2008 2:48 AM (GMT -7)   
April -

Good morning. I am in a similar situation. What I do know from when I was a court reporter is that you need an attorney who specializes in labor and employment . Yes, there are many out there that will take on cases and take a percentage of the judgement and pay all upfront costs themselves. I do not know what state you are in.

Best of luck. You are not alone.

Cookie's Wife
Regular Member


Date Joined Aug 2005
Total Posts : 299
   Posted 6/26/2008 5:15 AM (GMT -7)   
Thank you Texan and Fitzy for your responses....
 
I'll keep hanging in there.  Isn't SO much fun to have a disease that just keeps on giving... problems that is :-)
 
Wish you all the best!
~april
 

 


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