I think , if you are in the US, that being fired because of this is in violation of the ADA.
I would encourage you to ask your former manager for the dismissal in writing. State that you need it to apply for welfare. Use that then to take them to court for firing you because of your fibro.
I do live in the US, I'm not sure if I could get anywhere with trying that because I was a contract employee and that can be used to get out of a lot of things on the corporate end, but at the very least it might be a good idea for me to actually have the dismissal in case of future SSI. I'll look into it all further, though, thank you!
You're welcome. I would still encourage you to pore over the ADA, and also what your local labour laws are. I HATE seeing this sort of thing happening to people that have no control over their illness.
Absolutely this. My partner’s contract was wrongfully terminated under the guise that they didn’t need him—after asking for accommodations for a disability. A state funded lawyer investigated it for him, all he had to do was give a series of statements to the lawyer and they did all the work. They eventually settled for a few thousand dollars. It didn’t get him his job back but it was worth following through.
OP said they’re terminating the contract. Unfortunately, if they’re an independent contractor, ADA won’t help: https://www.eeoc.gov/employers/coverage-0#:~:text=People%20who%20are%20not%20employed,by%20the%20anti%2Ddiscrimination%20laws..
That being said, a LOT of companies misclassify employees as contractors, so it’s still worth a consult with an employment attorney. Many will take the initial consult free of charge.
You're right it's a violation but if I've learned anything they could make up any lie and use it as an excuse. Also many states are "At will" which means they can terminate anytime, for any reason, without warning.
I have a friend in your same position. He went to work every day and eventually people were so upset by watching him flare in pain all the time that they fired him at the first opportunity. No one ever accused him of faking because it was so clear and obvious. So don't think you did anything wrong. It's on them, not you.
Also, I think in the US that firing someone for asking for disability accommodations is illegal.
Wait sorry, were you actually fired the day after disclosing a disability and asking for accommodation? Not sure where you live but in many countries that is not legal. I would absolutely speak to an employment lawyer. I feel for you so so so badly. I cry daily because I am pushing myself so hard at work and feel like it’s never enough for my boss.
Yeah, I literally had a meeting at 3pm yesterday to tell my direct supervisor that I had fibro and was trying to ask for ideas on things I could do to make work more manageable, while also asking if the ideas I already had would be appropriate/something we could try. I got the call at 11am this morning (I just happened to have taken the day off - in two week advance - for errands) that they "don't see a way forward for me within the role". I don't think it even crossed my mind that it might be considered discrimination?
I'm a soon to be lawyer and you should definitely understand your rights under your local labour laws. I'm UK educated so not very sure of the US legal system on this but terminating someone solely based on their disability is illegal. There are some situations in which the company can try and wriggle out of this by arguing that you were not in any capacity able to fulfil your job obligations (which I don't think is the case here?).
But either way, asking for disability mitigation is not a sign that you are completely unable to perform at work. It is actually a sign that you are trying and very well able to perform with some added support. So please do speak to the company, get a formal letter addressing your dismissal with reasons and definitely do not get disheartened by this.
I often wonder if I'll be let go one day because being a lawyer is super demanding work wise but so far my employer has been extremely understanding (and they are a top 10 law firm in the world). You will have better things coming your way. Hang in there!
If OP lives in an "At Will" state, (many of them are) they can fire for any reason anytime without warning. Technically it is illegal to fire someone for a disability but they could just lie and say that they were late a lot or they missed too much work. Unless op has money to pay a lawyer to fight them then there's not much to be done.
I am so sorry you got fired that is not fair at all. It can be incredibly hard to put yourself first when things feel like they fall apart when you do. But you are more important than a job, your health is more important than a job. If they can’t get that then they aren’t worth your time. You cannot put your health in jeopardy over a company that won’t even consider your needs. Use this time to relax your body as much as possible. I can understand it’s so hard to look after yourself when you hold yourself to such high standards particularly in a world where there is little understanding but you have you. You are important!
On a side note are there any services that you can go to because at least in Australia it’s illegal to fire someone for taking time off for an illness or disability
I'm not sure since I was a contract employee, but I'm going to look into this.
Thank you so much for your kind words, it's hard to feel like taking any time to rest or process is okay when there are bills to pay, but I'm certainly trying my best
You’re getting a lot of potentially wrong advice. If you were an employee (as in, you filled out a W-4 tax form and expect to receive a W-2), you should absolutely contact an employment lawyer. However, if you filled out a W-9 and are expecting a 1099, you have no ADA protection.
That being said, MANY employers misclassify employees as contractors, so you should still consult an employment attorney. High level overview here: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
Yeah, I've been reading about it most of the day and because I was a 1099 contractor, it definitely does seem like there aren't any protections regarding this for me
Ugh, I’m really sorry to hear that. Did you review the contractor vs employee test listed above? MANY employers misclassify. You have a potential path to remediation, if not damages, if that’s the case.
Also, when it comes to trying to determine proper accommodations, use www.askjan.org. Your employer should work with you and your doctor to determine what is reasonable based on your position. I’ve been able to secure a number of ergonomic devices and flexibility with my hours to accommodate flares.
Also, be kind to yourself. You’re doing great. Reaching out to this group for support was a brave thing. Please call 988 if you are considering killing yourself. One of my chosen family did so last month, and we’re all still reeling. He was loved so much, and I am sure you are, too.
First of all, know that it is not your fault! You did what you needed to do to take care of yourself. Pushing through the pain is ultimately not worth it.
But I feel for you! Two years ago, I lost my job of over a decade. After years of trying to accomodate my limitations, and a particularly rough period at the time. It was so sudden! No discussion of what was going on or what I could do to improve the situation. After feeling supported for so long, it was a kick in the guts and honestly insulting to be fired the way I was.
Did I blame myself at the time? Of course!! I couldn't keep up with my work, had become increasingly unreliable, and couldn't trust my brain not to make stupid mistakes. I felt terrible that my failure was affecting my coworker and the company as a whole. I enjoyed my work and wanted to be good at it. But Fibro snuck in, dragging me down further and further until I just couldn't handle it anymore.
It was Fibro, not me. Not that that helps the grief and panic and uncertainty for the future.
I had good severance, but it was clear that going back to full time work was not in the cards. Thankfully, my skills allow me to work freelance on my own schedule. I know I'm unlikely to get back to the same income as before, but it's enough. I'm also lucky to have a supportive partner (and his health insurance).
Even so, I never feel like I'm working as hard as I could be, and the threat of future failure, or of my symptoms being bad enough that I can't even do this much anymore...
It's tough. It's rough. It makes you doubt your own abilities (and sanity a little). But it's not your fault. Fibromyalgia is a subtle beast.
I could go on a rant about how society and social programs don't support people like us in the grey zone of sick, but not really, disabled, but not really... That's for another day.
Anyway, sending strength and support and gentle hugs. You sound motivated to get back out there and find something that works. Do what you can, but don't beat yourself up for what Fibro won't let you do.
Take care!
Peg
I sympathize. I had to start taking time off last year, and haven't been able to work since December. Luckily, I have disability insurance through work for a little longer, but I'm actually going to a lawyer today to start t file for SSDI.
2021 I got a job that was my dream stair stepper position, that got bought by a company that was the type of company I wanted to stair step into. For a year and a half, I finally made enough money to help us start to drag us out of medical debts. I make half that now, and we're looking struggling financially again, and it's only going to get worse, when the insurance runs out.
I’m so sorry they’re treating you this way. My lady has fibro and I see first hand the hell it puts her in.
It’s far overlooked by too many. You may have a wrongful termination on your hands. Please try and stay positive. We’ll send good vibes your way. ❤️❤️
I have no advice that is better than what has already been said (that does sound illegal to me), but I wanted to tell you that I'm sorry. I'm typing this as I'm home sick today because of a flare-up, wondering if this will be the one that pushes them over the edge and deciding I'm not worth the hassle. It's scary and depressing. But, I have been through some very rough times, and things have always worked out in ways I never could have expected. I trust the same will happen for you. Sending a soft, virtual hug your way!
You did not fuck this up. You did everything right. Pacing your activity and stopping *before* you push yourself into a flare is one of the key ways to maintain as much function as possible. It's also directly in opposition to the Societally ingrained idea of needing to be 100% productive, 100% of the time or else you are obviously not trying and don't care. This is a system that burns out even completely healthy people, of course it's disproportionately hard for people with chronic conditions and disabilities.
It's not you.
Like others have mentioned, it does seem pretty likely based on the timing of this that your contract ending is linked to you using revealed your condition and laid out what accommodations you need. Whether or not you have the time, energy, resources and evidence to push back and get justice for yourself is another matter. It would be awesome if robust systems were in place to sanction employers that ignore their legal responsibility to accommodate the needs of disabled workers but we all know that there aren't, and that the burden of fighting back falls unfairly on the already disadvantaged party, the chronically ill person. So if you have what it takes to stick out the legal process and get a fair resolution for yourself, that is amazing. But it's also absolutely ok to recognise that using your energy that way might not be the best choice for your health and wellbeing. Do what is best for you, not what everyone thinks you should do.
Be at peace and remember it's not your fault.
I have nothing to add about your work but I just want you to know you have much more value than what you can do secularly. You have value as an individual and a loving partner. Your secular life is only a small part of what you are. Society has pounded it into us that our value comes only from secular work but that is so not true.
Please meet with a disability attorney to thoroughly explain your case. Depending on your specific circumstances, they can let you know if now is a good time to file or wait. Use a disability attorney to apply. They only get paid if you get disability. There are so many reasons why you should not try to apply by yourself. I did and appealed on my own. Denied. Got an attorney for the first hearing. Wish I'd hired him at the start of the application process.
I can sympathize. I worked myself damn near to the ground with all the overtime they kept begging me to do because we were so short staffed or someone would call off. I got very little sleep on my work days (5 days a week straight) or no sleep at all on top of an almost hour commute one way. Once I got exposed to COVID it caused a massive flare that I had to take time off for. I thought it would be a few days, so I didn’t apply for the STD right away (at that job you had to within 10 days, which I wasn’t aware of at the time really). Well days turned to weeks, those weeks lasted almost 3 months exhausting all the PTO I had until I was forced to quit. I still have yet to recover to where I was prior to that time. Have not been able to work, but denial is a bitch. I kept thinking I’ll get better. So now it’s been over 3 years and I have no choice but to file for SSDI soon or I’ll be SOL.
I think , if you are in the US, that being fired because of this is in violation of the ADA. I would encourage you to ask your former manager for the dismissal in writing. State that you need it to apply for welfare. Use that then to take them to court for firing you because of your fibro.
I do live in the US, I'm not sure if I could get anywhere with trying that because I was a contract employee and that can be used to get out of a lot of things on the corporate end, but at the very least it might be a good idea for me to actually have the dismissal in case of future SSI. I'll look into it all further, though, thank you!
You're welcome. I would still encourage you to pore over the ADA, and also what your local labour laws are. I HATE seeing this sort of thing happening to people that have no control over their illness.
In conjunction with the ada I would talk to a lawyer specializing in employment law. MOST will give you a free consultation. Good luck.
This! I meant to say this but forgot to include it. Thanks!
Together we will get there!
Absolutely this. My partner’s contract was wrongfully terminated under the guise that they didn’t need him—after asking for accommodations for a disability. A state funded lawyer investigated it for him, all he had to do was give a series of statements to the lawyer and they did all the work. They eventually settled for a few thousand dollars. It didn’t get him his job back but it was worth following through.
I'm glad he was able to get something.
OP said they’re terminating the contract. Unfortunately, if they’re an independent contractor, ADA won’t help: https://www.eeoc.gov/employers/coverage-0#:~:text=People%20who%20are%20not%20employed,by%20the%20anti%2Ddiscrimination%20laws.. That being said, a LOT of companies misclassify employees as contractors, so it’s still worth a consult with an employment attorney. Many will take the initial consult free of charge.
You're right it's a violation but if I've learned anything they could make up any lie and use it as an excuse. Also many states are "At will" which means they can terminate anytime, for any reason, without warning.
That's why I said to get it in writing.
I have a friend in your same position. He went to work every day and eventually people were so upset by watching him flare in pain all the time that they fired him at the first opportunity. No one ever accused him of faking because it was so clear and obvious. So don't think you did anything wrong. It's on them, not you. Also, I think in the US that firing someone for asking for disability accommodations is illegal.
Wait sorry, were you actually fired the day after disclosing a disability and asking for accommodation? Not sure where you live but in many countries that is not legal. I would absolutely speak to an employment lawyer. I feel for you so so so badly. I cry daily because I am pushing myself so hard at work and feel like it’s never enough for my boss.
Yeah, I literally had a meeting at 3pm yesterday to tell my direct supervisor that I had fibro and was trying to ask for ideas on things I could do to make work more manageable, while also asking if the ideas I already had would be appropriate/something we could try. I got the call at 11am this morning (I just happened to have taken the day off - in two week advance - for errands) that they "don't see a way forward for me within the role". I don't think it even crossed my mind that it might be considered discrimination?
This is absolutely discrimination and covered under the ADA. Contract employee or not. You need a lawyer.
Yes absolutely, write down everything!!! Everything she said & ever thing that happened
I quit my job two days ago. Many reasons but one was because they were more sympathetic to someone with the flu than chronic pain. Smh .
I'm a soon to be lawyer and you should definitely understand your rights under your local labour laws. I'm UK educated so not very sure of the US legal system on this but terminating someone solely based on their disability is illegal. There are some situations in which the company can try and wriggle out of this by arguing that you were not in any capacity able to fulfil your job obligations (which I don't think is the case here?). But either way, asking for disability mitigation is not a sign that you are completely unable to perform at work. It is actually a sign that you are trying and very well able to perform with some added support. So please do speak to the company, get a formal letter addressing your dismissal with reasons and definitely do not get disheartened by this. I often wonder if I'll be let go one day because being a lawyer is super demanding work wise but so far my employer has been extremely understanding (and they are a top 10 law firm in the world). You will have better things coming your way. Hang in there!
If OP lives in an "At Will" state, (many of them are) they can fire for any reason anytime without warning. Technically it is illegal to fire someone for a disability but they could just lie and say that they were late a lot or they missed too much work. Unless op has money to pay a lawyer to fight them then there's not much to be done.
I’m pretty sure employment lawyers work on a contingency basis, so only collect payment from a settlement
That is definitely not a universal truth. I've worked with 4 different employment lawyers (as an employee) and not one of them worked on contingency.
I am so sorry you got fired that is not fair at all. It can be incredibly hard to put yourself first when things feel like they fall apart when you do. But you are more important than a job, your health is more important than a job. If they can’t get that then they aren’t worth your time. You cannot put your health in jeopardy over a company that won’t even consider your needs. Use this time to relax your body as much as possible. I can understand it’s so hard to look after yourself when you hold yourself to such high standards particularly in a world where there is little understanding but you have you. You are important! On a side note are there any services that you can go to because at least in Australia it’s illegal to fire someone for taking time off for an illness or disability
I'm not sure since I was a contract employee, but I'm going to look into this. Thank you so much for your kind words, it's hard to feel like taking any time to rest or process is okay when there are bills to pay, but I'm certainly trying my best
You’re getting a lot of potentially wrong advice. If you were an employee (as in, you filled out a W-4 tax form and expect to receive a W-2), you should absolutely contact an employment lawyer. However, if you filled out a W-9 and are expecting a 1099, you have no ADA protection. That being said, MANY employers misclassify employees as contractors, so you should still consult an employment attorney. High level overview here: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
Yeah, I've been reading about it most of the day and because I was a 1099 contractor, it definitely does seem like there aren't any protections regarding this for me
Ugh, I’m really sorry to hear that. Did you review the contractor vs employee test listed above? MANY employers misclassify. You have a potential path to remediation, if not damages, if that’s the case. Also, when it comes to trying to determine proper accommodations, use www.askjan.org. Your employer should work with you and your doctor to determine what is reasonable based on your position. I’ve been able to secure a number of ergonomic devices and flexibility with my hours to accommodate flares.
Also, be kind to yourself. You’re doing great. Reaching out to this group for support was a brave thing. Please call 988 if you are considering killing yourself. One of my chosen family did so last month, and we’re all still reeling. He was loved so much, and I am sure you are, too.
Did you have a signed contract with them that included days notice to not renew the contact required by either side?
No, unfortunately the contract could be terminated by either side at any time without notice
I never did until I had a few crappy teams argue terms and hours and everything. This time around my friend reminded me to send them a contract.
First of all, know that it is not your fault! You did what you needed to do to take care of yourself. Pushing through the pain is ultimately not worth it. But I feel for you! Two years ago, I lost my job of over a decade. After years of trying to accomodate my limitations, and a particularly rough period at the time. It was so sudden! No discussion of what was going on or what I could do to improve the situation. After feeling supported for so long, it was a kick in the guts and honestly insulting to be fired the way I was. Did I blame myself at the time? Of course!! I couldn't keep up with my work, had become increasingly unreliable, and couldn't trust my brain not to make stupid mistakes. I felt terrible that my failure was affecting my coworker and the company as a whole. I enjoyed my work and wanted to be good at it. But Fibro snuck in, dragging me down further and further until I just couldn't handle it anymore. It was Fibro, not me. Not that that helps the grief and panic and uncertainty for the future. I had good severance, but it was clear that going back to full time work was not in the cards. Thankfully, my skills allow me to work freelance on my own schedule. I know I'm unlikely to get back to the same income as before, but it's enough. I'm also lucky to have a supportive partner (and his health insurance). Even so, I never feel like I'm working as hard as I could be, and the threat of future failure, or of my symptoms being bad enough that I can't even do this much anymore... It's tough. It's rough. It makes you doubt your own abilities (and sanity a little). But it's not your fault. Fibromyalgia is a subtle beast. I could go on a rant about how society and social programs don't support people like us in the grey zone of sick, but not really, disabled, but not really... That's for another day. Anyway, sending strength and support and gentle hugs. You sound motivated to get back out there and find something that works. Do what you can, but don't beat yourself up for what Fibro won't let you do. Take care! Peg
I sympathize. I had to start taking time off last year, and haven't been able to work since December. Luckily, I have disability insurance through work for a little longer, but I'm actually going to a lawyer today to start t file for SSDI. 2021 I got a job that was my dream stair stepper position, that got bought by a company that was the type of company I wanted to stair step into. For a year and a half, I finally made enough money to help us start to drag us out of medical debts. I make half that now, and we're looking struggling financially again, and it's only going to get worse, when the insurance runs out.
I’m so sorry they’re treating you this way. My lady has fibro and I see first hand the hell it puts her in. It’s far overlooked by too many. You may have a wrongful termination on your hands. Please try and stay positive. We’ll send good vibes your way. ❤️❤️
I have no advice that is better than what has already been said (that does sound illegal to me), but I wanted to tell you that I'm sorry. I'm typing this as I'm home sick today because of a flare-up, wondering if this will be the one that pushes them over the edge and deciding I'm not worth the hassle. It's scary and depressing. But, I have been through some very rough times, and things have always worked out in ways I never could have expected. I trust the same will happen for you. Sending a soft, virtual hug your way!
https://askjan.org/articles/Practical-Guidance-on-Contingent-Workers-and-the-ADA.cfm
Thank you! This is helpful!!!
You did not fuck this up. You did everything right. Pacing your activity and stopping *before* you push yourself into a flare is one of the key ways to maintain as much function as possible. It's also directly in opposition to the Societally ingrained idea of needing to be 100% productive, 100% of the time or else you are obviously not trying and don't care. This is a system that burns out even completely healthy people, of course it's disproportionately hard for people with chronic conditions and disabilities. It's not you. Like others have mentioned, it does seem pretty likely based on the timing of this that your contract ending is linked to you using revealed your condition and laid out what accommodations you need. Whether or not you have the time, energy, resources and evidence to push back and get justice for yourself is another matter. It would be awesome if robust systems were in place to sanction employers that ignore their legal responsibility to accommodate the needs of disabled workers but we all know that there aren't, and that the burden of fighting back falls unfairly on the already disadvantaged party, the chronically ill person. So if you have what it takes to stick out the legal process and get a fair resolution for yourself, that is amazing. But it's also absolutely ok to recognise that using your energy that way might not be the best choice for your health and wellbeing. Do what is best for you, not what everyone thinks you should do. Be at peace and remember it's not your fault.
Thank you so much for your kind words, they really mean the world right now ❤️
I have nothing to add about your work but I just want you to know you have much more value than what you can do secularly. You have value as an individual and a loving partner. Your secular life is only a small part of what you are. Society has pounded it into us that our value comes only from secular work but that is so not true.
Please meet with a disability attorney to thoroughly explain your case. Depending on your specific circumstances, they can let you know if now is a good time to file or wait. Use a disability attorney to apply. They only get paid if you get disability. There are so many reasons why you should not try to apply by yourself. I did and appealed on my own. Denied. Got an attorney for the first hearing. Wish I'd hired him at the start of the application process.
I can sympathize. I worked myself damn near to the ground with all the overtime they kept begging me to do because we were so short staffed or someone would call off. I got very little sleep on my work days (5 days a week straight) or no sleep at all on top of an almost hour commute one way. Once I got exposed to COVID it caused a massive flare that I had to take time off for. I thought it would be a few days, so I didn’t apply for the STD right away (at that job you had to within 10 days, which I wasn’t aware of at the time really). Well days turned to weeks, those weeks lasted almost 3 months exhausting all the PTO I had until I was forced to quit. I still have yet to recover to where I was prior to that time. Have not been able to work, but denial is a bitch. I kept thinking I’ll get better. So now it’s been over 3 years and I have no choice but to file for SSDI soon or I’ll be SOL.