forced medical leave

[NvrGiveUp]

I didn't want to bring this up because we are preparing for a trip to Brazil, but T's human resources manager and her manager and exec chef brought her into the office the other day and told her that her doctor said she couldn't work anymore and that she was being placed on medical leave. She asked if it was her last day (mind you that English is not her first language and they didn't have any interpreter in this meeting), and they said yes. It really broke her heart. I was SO ANGRY about this, and I really think that something fishy is going on. We talked to her doctor since and he said that he did not say that she couldn't work anymore, and added that he has never spoken with anyone from T's job. T's HR manager said he had been speaking with her doc quite frequently ... so we're REALLY mad about his lies. We trust T's doctor and know that he filled out some paperwork for her job over a month ago, but that was it. We've been to see him even, and he would have told us if he said that she couldn't work. To me it seems like a case of not wanting to deal with a disabled worker. When T was healthy she worked more than 3 guys combined at that place. Now, of course, she can't, but still outperforms those with healthy bodies there. Yes, she's limited in what she can do, but to just try to get rid of her? Isn't that illegal? Aren't they supposed to have to make a "reasonable accomodation?" Anyone who knows more please fill me in... it seems hard to reach anyone with the ADA.

Secretly T has enjoyed the forced time off this past week (she usually has to get up at 3:30 AM in order to go to work). She doesn't know if she has the heart or the energy to even pursue a lawsuit if something was done illegally, but she just wants to know if what happened was right either way. Thanks for the help.

Pam

[CindyM]

Hi Pam- You are right that this is against the law!! Someone at your local Center for Independant Living may be able to help. http://www.cilorlando.org I found this one in Florida but they are all over.

Might also be time for a lawyer. If you can't afford one check for your state's free or low-cost lawyers. Often they like this kind of case. even a regular lawyer might take it on for a percnetage of the settlement. Sounds crass but sometimes money does make the world go round.:-|

good luck and keep us up to date with what is happening! Cindy

[jimercat]

Check with your ALS Assoc or ALS clinic, they should have an attorney's firm that handles things for free for those with terminal illness. We used this service in Atlanta recommended by the ALS Clinic for advice in dealing with my husband's company.

You could at least call and find out what you could possibly do. Accommodations should be made for disabilities and I feel if my husband had pushed, he could've continued in his work. But we didn't know his rights.

This sounds really bad for the company your partner works for. Deceitful measures to just dismiss her - I think they would be in a whole heap of trouble! And especially with no interpreter!

[NvrGiveUp]

Thanks for the advice ladies :) I will check into it as soon as possible... hopefully the 3 week trip to Brazil will not mess up her chances of challenging this decision. Seems to me they timed it well ...
Take care,
Pam