Fired Over Known Handicap
Hello All,
I wil try to make this as short and sweet as possible, I was born 46 yrs ago with Cerebral Palsy but have attended college, graduated and worked for all my adult life, that is, until October of 2004.
In 2000 I started working for an Office Supply Co. here in Evansville, Indiana as a Network Administrator. I was interviewed by the founder of the company an during the interview he noticed my limp and I told him all the details of my handicap including what I could do and what I could not do, my limitations etc. He seemed to have no issues with the handicap, he was impressed with my qualifications and hired me on the spot.
His son, Mark, was the president of the company and my direct boss. Mark and I had several friendly discussions about my handicap, its prognosis as I aged etc. I told him flat out that there could possibly be times that I would be hospitalized for pain control or other proceedures that might become necessary in the future, but I also told him that I would design and implement the new computer network so that if I was off I could still do all necessary things from my laptop, regardless of where I may be. I also asked to possibly work from home on the days that I was having difficulty, again I would be able to handle anything that came up. I was told NO, because then other employees would want to do it, so just let the work at home subject drop. He was ok with how I intended to setup the network and things continued on fine for several years.
In 2002, I had to have some surgery for a small tumor inside my skull, which was indirectly related to my handicap, the company offered to fly me back and forth to Memphis Tenn for the doctor visits before and after surgery, but, I did not think that was necessary even though it was very kind of them. All in all I was only off work about 10 days total and as I stated before, I had my trusty laptop with me and was in constant contact with the office, even the day of surgery, to take care of any problems that arose, of which none did.
Things continued on smoothly, or so I thought, I had to have one more minor surgery for the implantation of a pain pump that they were fully aware of and even encouraged me to do as it would help with my daily pain, again I was only off a few days and I had my laptop.
In early 2004 I was told by Mark that they were considering going soley to internet based software to run the company. I found out that they had already met with a company that supplies they software etc, they had these late night meetings that all office staff, except me, was made aware of and had to attend. He said if they decided to go this route, then I would no longer be needed, I didnt like it but could accept it, as that is the way the business world works, but he said if they didnt switch then my job was secure. This went on for several months an I asked again about the switch and was told they were going to make a final decision in October, but odds were that they were NOT going to change methods as the software did not do everything to their liking.
In August 2004 I was hospitalized again, this time suddenly, due to a medication reaction. The office was notified, by my wife, just as soon as possible after my admission, they said that was fine and wished me well an to get better soon. I was off for 5 days and the day I came back to work I was called into Marks office and he told me he needed someone more dependable and my job was going to be over in October due to the software switch and they were going to outsource the network administration.
Well not only did I know I was out of a job come October 1st but I also was required to train the people from the outside company on how to do the job!!!!
My last day I was worked for 24+ hours getting things ready for what I thought was going to be a switch to new software......you guessed it....they never did switch to the new software, they said they outsourced it due to cost savings....but answer me this...I was making $10.00/hour and they pay the outside company $50.00/hr...how is that a cost savings??? I think another reason they fired me was because I had become a major liability to their health insurance company and if they could get rid of me, their rates would go back down...Anyway, I thought what they done was totally wrong and filed a complaint with the EEOC.
The EEOC conducted an investigation, if you can call it that,which consisted of the EEOC getting a response from my former employer as to the written complaint I had made against them, that was the extent of the investigation and from that they determined that my former employer did nothing wrong by firing me, because Indiana is an "at will" state and they did not fire me over my handicap but outsourced my position, nothing was said by the EEOC of my previous request to management to work from home if necessary, even though it clearly states in the Americans With Disabilites Act, that this is a valid request and must be granted by the employer unless they can prove undo hardship. The EEOC also did not address my claim of Insurance liability either, in fact they never even mentioned it anywhere in their investigation whatsoever. I spent over $200.00 on a visit to an attorney to try to get him to help me settle the case through the EEOC mediation process but my former employer refused to meet for mediation, even though that is not an admission of guilt. The attorney would not take the case on a contengency basis so I basically wasted $200.00 I really could not afford to spend.
I to, like one of the other posters, tried to find a lawyer that would help me file suit in federal court for a % of the settlement, all lawyers I contacted just laughed or suddenly disappeared when I mentioned a % basis...
So basically thats it....I am still out of work and attempting to get Social Security Disability, which is next to impossible, and my family an I are surviving on what the wife makes and our savings.....
This post may not fit here at simply fired, because some may say that this happens all the time in the business world and they could be right, but I think it fits in with some of the other stories I have read as to how low some companies can be....
I am sorry for the long post.....
DMJE
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Comments
DMJE
I am sorry to hear about how this company discriminated against you. From what you have explained in your post, this was discrimination. Companies are cheap, selfish and two-faced. I believe you were discriminated against for your disability and for having to go to the hospital. I found a few times, that when people work for a company, and need hospitalization, coicindentily, the company "lets them go" for some RIDICULOUS reason that they TRY to make sound reasonable and professional. Meanwhile, you know what they're doing. Anyone who discriminates against someone for these reasons are PIGS and should be sued for their actions! I don't mean to sound so hostile, but I empathize with your situation and I think your termination was "wrongful dismissal". Find a better lawyer. You definetly have a case and a damn good one.
Sue them!!!
I feel your pain, although I don't have Cerebral Palsy. I count my blessings.
I was fired for several reasons one of them was that I twisted my ankle and my doctor told me to take of 10 days, after I comeback to the office I said "Good Morning" my boss didn't answer and didn't speak to me at all, never asked me how I was doing it was obvious that I was hurt and she never acknowledged it, two days later I was called to the conference room and I was fired.
I also filed a complaint with some place (the name scape's me at the moment) the lawyer just took my $1,200.00 and did nothing, and the time to sue run out, I believe my lawyer is a thieve with a license.
I you still have time file a lawsuit there are places that will help you. Is to late for me, but you could find them in the Internet just be very careful.
Good Luck to you.
I've been fired 6 times during the last 37 years. Some were my fault and some were not. You got the shaft. Good luck.
I, too, trained the person that took over my job. I can relate to what happened to you. They were wrong to fire you.
I was fired in 2005 , I wish I had some advice to help. Sorry, I'm waiting on disability. All the while losing everything.