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  #1 (permalink)  
Old 12-24-2005, 02:10 PM
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Join Date: Dec 2005
Posts: 1
Default Is this discrimination because of disability?

Wanted to post the facts of my problem without names to find out if there is any legal action I can take.

I started employment at a large hospital in Rhode Island on July 18, 2005 as a Secretary in the Electrophysiology Dept. I reported to my immediate supervisor who was the Administrative Coordinator of the Department.

I worked in the Electrophysiology Dept. for three months and was sent two letters during that time commending my performance. After two very stressful months caused by an unreasonable work burden, I was found unresponsive in the lobby of the building by my supervisor at 11:45 a.m. on September 19 and was taken to the Emergency Room of the hospital in which I worked.

I was hospitalized in the Psychiatric Inpatient Unit of the hospital in which I worked beginning on Sept. 19.

My husband called my supervisor on September 20 and told her that I was hospitalized. He also asked if there was any paperwork that needed to be filled out for my employment. My supervisor told my husband that she would get back to him with that information.

On September 23, my supervisor sent my husband an email telling him to call a representative of the Disability Management Department of the hospital.

My husband spoke to the Disability Management Department representative on September 23 and was told she would send paperwork to our home that needed to be completed for a leave of absence due to my illness. We received “Request for Leave of Absence” and “Certification of Health Care Provider” forms on September 28 which were filled out and faxed to the Disability Management representative on September 30. These forms indicated my release from the Inpatient Unit on September 23 and start of the Psychiatric Partial Hospital Program on September 26-September 30, with a projected return to work on October 3.

I was released from the Psychiatric Inpatient Unit on September 23 and told to report to the Psychiatric Partial Hospital Program on Monday, September 26.

On Friday, September 30 my psychiatrist at the Partial Hospital Program, told me that I could not be released until October 4. Upon inquiry on Sept. 30, the Disability Management Department representative informed my husband that I could just submit a letter from my doctor extending the leave for a return to work on October 5. This letter was faxed to her on October 4.

I returned to work on October 5.

On the evening of October 10, I was taken by rescue squad from my home to the Emergency Room due to a recurrence of my previous symptoms. After treatment, I was released from the emergency room at about 3 a.m. on October 11 and reported for work that morning.

At about 11:30 on Tuesday, Oct. 11, I met with my supervisor, who inquired about the condition from which I was suffering. I told her the full extent of my illness. At that point, even though my performance at work had been normal and satisfactory, she insisted that I leave the office and go home, further recommending that I go back to the Partial Hospital Program as soon as possible. My supervisor stated that she had no problem with me taking further time out of work to get me medication tweaked at the Psychiatric Partial Hospital Program. She further stated that my job would be waiting for me when I came back. When my husband arrived to take me home, my supervisor told him that I could not stay at work and must go home immediately. My husband then took me home.

I reported to the Psychiatric Partial Hospital Program again on October 12. My husband informed both the Disability Department representative and my supervior of my status on October 12 by telephone and by email, informing them that I was in the Psychiatric Partial Hospital Program and that he would tell them of my anticipated date of release as soon as I found out.

On Saturday. October 15, I received a letter informing me that my employment had been terminated as of Thursday, October 13.
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  #2 (permalink)  
Old 12-24-2005, 10:41 PM
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Join Date: Dec 2005
Posts: 7
Default Free Will

Hi,
I am really to hear of your story, although I don't have any legal advice for you. I wanted to say that I have been in a similar situation as you , I was also terminated and to me it's clearly your condition and the burden that it could have on this company. So they want to wash their hands of it and you. I mean what kind of security do we really have ?? If you are in a state that is a "free will" state, I am sure you know that means they can fire you at anytime for no reason at all, and it has happened to me.

Best wishes and if there is a legal action that you find , I hope you succeed!
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  #3 (permalink)  
Old 12-27-2005, 11:46 AM
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Join Date: Dec 2005
Posts: 53
Default

Be weary about taking that letter at face value. Especially in larger work environments, there are often lapses in commuication between departments that may have caused the letter to be sent erroneously.

Contact your supervisor to clarify whether he/she is aware that this letter was sent. Depending on the response, you should either contact other departments at the hospital (ideally with the help of your supervisor) or consider continuing with legal action. Take the following route ONLY once you have verified the validity of the termination notice you received.

Brad
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