2/28/08 diagnosed w/ fibromyalgia-Can I be terminated for going on disability?? Please help!!?
2/28/08 I was diagnosed w/ Fibromyalgia. I started new job 8/22/07-My 90 day probation was extended for 30 days due to not meeting deadlines,not following policies &making errors. Several of the symptoms that I have have affected my work performance in the type of work I have done for 25 years-admin. assistant. Depression, Extreme fatigue, severe pain, mostly cognitive problems also noted as brain-fogg & just plain out forgetting. I passed my extended probation on 12/26 & written up again on 2/8 for basic administrative functions. 3/13 I received favorable 30 day feed back-I informed my employer that I have Fibromyalgia. I am not covered by FMLA. I need 2 know if I go out on modified duty or full Disability for 2 months-they may terminate me. The question I have is would I be able to receive Unemployment if I am not able to stay on Disability. My employer could argue that I had been written up several times& that is why I was terminated therefore declining a claim for unemployment.
Public Comments
1. Complex question. You need a lawyer if you plan to retire on disability. That is not an easy case in any event.You say you are not covered by FMLA. If this is the case, your employer can terminate you. It is up to them whether to offer you extended leave. You cannot collect unemployment in either event because you are saying that you are not able to work. Your state law will govern if you are now determined not to be disabled.
2. you can't be fired for being disabled, thats discrimination. however you can only earn so much each month if you are on disability. if you earn more than that for nine months(in your life) you lose disability.
3. I would suggest you get in touch with a representative of human resources where you work. Also contact the department of labor office in your state. There are specific laws that protect employees with disabilities. You've been diagnosed with a condition that would identify you as disabled so you should be covered by any laws that would protect you from any form of discrimination.
Also your company may have policies on employee conduct/information on termination procedures, etc. You should make yourself knowledgeable out them if you have access to that information.
It would be a good idea to start keeping a journal on everything that happens with your employer going forward in case something does happen and you contemplate getting a lawyer to sue for damages, wrongful termination, etc. The journal would be very important.
4. Unemployment asks if you are able and available to work. If you are sick then you are not. Disability is a pain to get. You need all your doctors to spell out what your limits and restrictions are. Start your Social Security disability applications too.
5. If you are diabled and unable to work for 2 months-you may be able to get disability benefits during that time-
if after 2 months you are able to work-but have ben terminated-you can switch from disability to unemployment (in my state anyway) for a total of 6 months
Your employer is required to make Reasonable accommodations for your disability-a 2 month absence probably wouldn't be considered reasonable, but a ong term switch to part time might.
As I replied previously-
that is how the law is supposed to work-but don't count on the EEOC-their idea of investigatong was asking the employer if they violated the law-they say no---adn the EEOC lets them off teh hook even when there is strong evidnece in hyour favor-your state may have a disability/civil rights off-but in my state they pulled teh same stunt the EEOC did-
If you are going to insist on your rights under the Americans With Disabilities Act-be prepared to shell out thousands of dollars for a private lawyer.....
Noter-SS disability requires you to expect to be disabled for a year or more-
your state may have short term disability that has a different application..
