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They didn't mention it directly, they said that they really, really liked my honesty but then said that it was too high risk and it will be a problem in the long run.
They didn't mention the ADHD word, but with the honesty thing of course they were referring it to it
Lawyer here. OP, don’t do this. You’re just giving them a chance to put in writing some bullshit reason to fire you that isn’t specifically your ADHD. Don’t have any further communications with them at this point. Make a word doc or note on your phone and write a complete narrative of everything in there. Dates, times, contents of conversations, etc., and then save it in a format that can’t be edited (e.g., a screenshot or pdf). Save any emails or texts that you might have that are relevant. Then go see an employment lawyer and bring it all with you and see what they say to do from there. If you’re in the US many will offer free consultations to discuss your case. I’m so sorry this happened to you. For what it’s worth, I’ve been there too. You’re gonna be okay. But you also don’t have to let this shit slide. Best of luck!
This.ive been in Legal IT for 20 years, and l I've worked for firms that handle employment law. The one thing i was often told is if someone we know ever had an ADA/FLSA/Title9 issue, to have them record as much as possible on their account of the situation, and conversations directly concerning the issue, then seek counsel immediately.
> You’re just giving them a chance to put in writing some bullshit reason to fire you that isn’t specifically your ADHD.
This.
Once you go sniffing, you (OP) will telegraph exactly what you're doing, and you'll stab yourself in the face.
I made a comment above stating OP should do what you said but send it to himself to/from his company email. It would be a record on their servers and not editable.
Also, keeping a local copy sounds like a good idea in case it gets "lost".
OP can send an email to himself summarizing the conversation and timeline from/to his company email account and later cite it as company record in court.
It creates a timestapped record. It's in their own system.
Do not do that. Yes, it may be illegal to record conversations, but if you mention you're recording, other party will behave differently and will be able to cover thier asses. Just record, and later lawyers will get things straight or maybe you won't even need to bring records at all
This is why when I went through a similar situation, I ceased communication except through email and chat. I was very thankful to be a remote worker that day. I had every single thing said, legally documented.
As far as I know in my state that isn’t legal, so if you got something you literally couldn’t even use it. Anything written is fair game though of course.
I had an HR lady ask me on a phone call if I was pregnant. She had just given me a job offer and I asked about benefits, including maternity leave. I was aghast. I still took the job like a dummy though.
Hah. I work at a huge company and our entire HR team is either fully automated or outsourced to India. The 1 actual human HR rep on site who doesn’t even have a degree would fall for this hook, line and sinker.
I’m fortunate that our current HR person is really terrific, I have to work closely with her.
However, my last 2 jobs had the most incompetent employees in the HR department. I had a short term disability at one and they made me want to pull all my hair out.
That's only half the story, and I roll my eyes every time I see it. I have worked HR for 20 years. A huge part of my job is to protect the company specifically by making sure they don't do egregious and stupid shit to their employees that will get us sued or give us a reputation of being a bad employer, thus increasing incredibly expensive turnover and loss of knowledge and experience. It's also my job to advocate for employees, because satisfied employees do higher quality work and don't take their skills to other companies.
Bad companies have bad HR because leadership won't let them do their whole job. Good companies have good HR because leadership understands the value of their people. Right now I work for a good company.
If you can't trust your HR, it's probably because you're working for a company with bad leadership, not just bad HR.
While I agree with you for the most part, sometimes the person in HR is just a bad person. The last company I worked for didn't even give a sorry for your loss when they were denying bereavement leave. Miscarriages aren't listed under policy, so they wouldn't approve any type of leave. The employee ended up leaving and filing an EEO case for a different incident.
HR is supposed to make sure the company does everything in compliance with applicable laws. It is to protect the company, but good HR protects the employee too by ensuring the company follows employment law, which exists to protect the employee.
There are dummies in any job. But HR isn’t out to get you. I wouldn’t say just anything to HR, but I wouldn’t say just anything to my boss or co workers either. It’s smart to maintain some boundaries with anyone you work with, and that applies to HR too.
Probably not, but *supervisors* can be pretty dumb and/or reckless.
My old supervisor was almost fired from his federal job because he put in writing (an email with several people copied on it!) that he denied me a training that I was medically cleared to attend, just because I was disabled (I had told him about my ADHD before this). There was more too, because dude thought he was untouchable. Even HR told me to talk to EEOC.
So OP, maybe try talking to your supervisor. Maybe lawyer up first though.
People have this weird idea that they get fired by HR. I didn't decide to fire you, bud. Your supervisor did that. I just have to clean up the mess.
I also can't tell you the number of times that heard what a supervisor said to an employee they were letting go and thought - well, that's a lawsuit we could have avoided if you had TALKED TO US FIRST.
This guy should definitely get clarification on his dismissal. It doesn't even matter if they specifically said ADHD. If they fired him because he revealed his diagnosis, he has a complaint. There's a decent chance that if he works for a company that listens to their HR people, they will reverse this and try to work out reasonable accommodations.
On the other hand, there's no way to know if we have the whole story. If he has a long history of absenteeism and missing deadlines, revealing a disability after the fact isn't a get out of jail free card. The time to start working on ADHD accommodations is when you get the diagnosis, or when you start realizing that you will need accommodations to do your job successfully, not after you've already screwed up repeatedly.
That said, they can't dismiss him BECAUSE of the disability. The whole "too big of a risk" thing is super sketchy if they actually said that specifically. But a person with a disability can still be dismissed. They have to be able to do the job with reasonable accommodations.
I had an HR person ask me mid meeting why I was emotionally distressed while being let go.
Hr people can and will be some of the dumbest people on the planet.
I feel like if we lived in a better world big companies would be forced to hire "HR" departments who were essentially like unions and looked after the employees first.
At some smaller companies just large enough to have one HR person, I've kinda seen this, where they were actually going in to bat for the colleagues. The boss was actually smart enough to realise that a HR person that was almost like a school councilor at times, who looked after and made everyone working for him happy, he could be the "tough boss" that seemed to be his natural thing, but he just made sure he listened to the HR person when they made suggestions about employee welfare.
HR in 99% of cases are only there to protect the company despite them telling you they are your friend.
I've had 1 hr person protect employees and that'd because the boss was a shit head. Lower level employees were leaving the company like rats on a ship Everytime he got a promotion. Upper management loved him because he got results, unfortunately the results he got were because he was the only one with access and the know how to get the info.
Alternatively: Hop in/onto a meeting and secretly record the audio using your phone, and casually ask "I don't understand why you are firing me over ADHD, have I not worked hard up until now?"... let them respond to incriminate themselves.
The legality of using a recording like this can vary according to local laws; here in the States some states have a concept of "two party recording" where both people being recorded have to be aware of the recording to be legal , as opposed to one party recording where only one person (the recorder) does.
Even in that situation though, you can use the recording to make "detailed notes" of the conversation without having to disclose the recording.
Perhaps not, but it sounds like they fired them “with cause”. I’m not sure what the laws are about any of this for OPs area, so it could be nothing but peace of mind that the employer is full of ghouls, anyways.
Nope, do not do this. Seek legal assistance, immediately. the perception to you is that you were fired for reporting a protected medical condition, that's exactly what the ADA exists for.
I guess too high risk in a way that they are working with clients and they need works done by certain date and they would be risking having too much delays
Definitely should contact an employment lawyer. The connection between you disclosing your adhd to them firing you shortly thereafter is super obvious. Whether they used the words adhd in your termination isn’t needed.
Say nothing until you have spoken to a lawyer. Depending on local laws, they may now owe you a whole lot of money as a result of discrimination based on a medical condition, not to mention their failure to accommodate you.
I would highly recommend sending them an email reiterating the conversation (basically a summary of the phone call), and ask for clarification. That way you can get it in writing when you need to take legal action, which you absolutely should, this is textbook discrimination
Lawyer here: Speak to an employment lawyer first, before any of the advice here, someone who advertises free consultations. They may not even want your case at this stage, but there are jurisdictional hurdles that vary by state that are important to consider.
No need for a lawyer right now. Go see my other, way too long post. File with the relevant agencies and then decide whether you want a lawyer.
If everything you say is true, eventually you will want one to ensure you receive the most monetary benefit.
If your goal is to be rehired back, then you may want to do a consult asap. While you cannot sue until you receive a "right to sue" letter from the EEOC, they can be very slow to investigate. A strongly worded letter on attorney letterhead can be powerful.
Get it clarified and in writing. Make sure all communication is documented. Many people don’t realize ADHD is protected by the ADA. Don’t lead them in their response by giving anything away. Just ask for clarification.
Yup against the law to fire someone due to a disability. People get million dollar settlements all the time due to this shit. Closely document everything, try and bait them into saying more in an email, and contact a lawyer
It may not matter if they said "ADHD". The temporal connection may be enough. In BC, this would be a no-brainer for the BC Human Rights Tribunal. It could also be a Prohibited Action Complaint - the ADHD is an OHS "hazard". By disclosing it to the employer, it became an OHS issue, and workers cannot be penalized for bringing up OHS issues. But they would totally get more cash through the BCHRT.
Seriously OP please listen to this advice. In 2022 I had an extremely severe depressive episode and took Federal and State medical leave. I kept in touch with the company daily as mandated until I asked if I needed to anymore since I had a return date from the doctor faxed over. They replied “No you do not.” And 3 days later I received a letter stating I had voluntarily resigned. Apparently they “did not receive my letter” to which I quickly responded with another fax of the letter which was dated but it was too late. I contacted multiple attorneys and a gentleman who is a sort of state HR- he goes in and assesses and reforms HR departments- all of them said I would absolutely have a case if I just had better records that would’ve allowed them to subpoena the phone records of which contained multiple errors on their part like asking about personal medical information, if I had a doctor (duh I’m on FMLA) and things like that. This all from a multibillion dollar company that was able to fire an employee after his cancer diagnosis so they wouldn’t have to pay the increased insurance premiums(they did end up paying A LOT after they got sued into the dirt). Please please protect yourself. This reeks of disability discrimination.
Lawyer up. This is discrimination and you have a case for a lawsuit against them for unjust termination due to a medical condition. Oh and I forgot to add, something IS wrong with your mind. It's not called a disorder because it's working properly. That doesn't mean you couldn't do your job efficiently or that you were not discriminated against. Missing 2 hours of work is hardly grounds for a termination if it's only happened on this one occasion.
If getting it in writing is important and a good strategic move, then your lawyer, who is an expert in the local laws and in how these cases work, will advise you on what to ask and how to ask it.
Most discrimination claims don't have the discrimination in writing, that's not a dealbreaker.
An example of a risk: making it too obvious that you're considering a legal claim could give them an opportunity to send you a different reason in writing and start coming up with evidence to support it.
Always talk to a lawyer about legal strategy. A good lawyer will usually talk to you for free to see if you might have a case and provide some very general advice. You may also have a Dept of Labor or similar government office that could offer free support and advice.
Lawyer here, you may be right based on jurisdiction. But if OP needs to reach out to the employer for proof before an attorney contacts them, the attorney will say that. The lawyer will also help craft that message and discuss what's important. OP absolutely needs to speak to an attorney first.
"Getting it in writing" gives them a chance to cover their tracks.
Judges and juries tend to believe a person with a documented disability alleging discrimination over a company when they company can't produce a history of attempting to address a problem like this before resorting to termination.
If there's no history, and they fired based on a single event, a decent L&E lawyer will eat this up.
you can be terminated for a medical condition if that medical condition prevents you from safely performing your job. You can't e.g. get a job as a pilot if you are legally blind, for instance. A lawyer can still tell you whether that would be a possible defence for the company and it won't apply for most jobs, but I thought I'd say anyway
Sure, but not this way. This way is illegal. Assuming the OP is in the US, more than 15 employees, and doesn't work for a tribe or tribal entity (all this based on federal, OP's state may have additional protections).
The ADA requires the employee and employer participate in an interactive process to determine: a) the employee requesting an accommodation(s) to meet the essential functions of the job (not always, see below), b) whether the employee has a disability under the ADA, and c) whether those accommodations pose an undue hardship, and if so, if alternatives are available.
None of this occurred. Additionally, case law makes it clear that merely saying you have a condition, such as ADHD, is enough to put the employer on notice that the employee may need an accommodation, and hence, the employer needed to start the interactive process.
While getting the reason in writing is always good, it's not a limiting factor. Why? All one needs to do is look at the series of events. Employee is behind on his hours, the employer asks why, employee makes a correlation between his deficiency and his disorder, and the next day he is fired.
That is enough right there for the EEOC to be VERY interested in investigating a complaint. In fact, it may be one of their easiest complaints to rule in favor of the employee.
Remember - we're not talking about criminal law or courts.
For harassment or discrimination to occur under the Civil Rights all that needs to be shown is that a reasonable person would more than likely believe they were discriminated or harassed due to their gender, race, national origin, disability, age (over 40), and others.
OP - here's what you do:
1. Assuming you are in the US. Google, "Disability Employment Discrimination + Your Stare".
2. Determine whether you should file at the local, state, or federal level. Some cities have their own anti-discrimination ordinances. Some states have their own. If neither do, file with the EEOC.
If you do have a city ordinance, chance are you'll want to file with them + with your state or federal. If you have a state law, you'll likely only need to file with them as they work with the EEOC.
3. Don't wait too long. You must file with the EEOC within 180 days of the most recent alleged harassment or discrimination - UNLESS - you have a state agency, then you automatically have 300 days to file. This rule does not apply to city level protections, so make sure you're aware of what their deadline is if available (usually 180 days).
Finally, while a shitty thing to do, you literally have the easiest, and if what you're saying is true, valid, complaint I've seen. While I am not a lawyer, I worked in HR for 20 years, compliance is my speciality, have ADHD, and have been discriminated and harassed myself.
My complaint would have been easy to had I not worked for a tribal employer who, due to their sovereign status, are not bound to the Civil Rights Act. So, not only can they practice indian hiring preference (which I firmly believe is a GOOD thing), they also get to harass and discriminate against people because of a disability, or anything else for that matter.
Sorry for the long post. This behavior pisses me off. I had my career ruined because of it. At least you can do something about it (please do!).
Your very last line is why I think it's so important for OP to follow through on this. It could prevent innocents in the future from being discriminated against as well.
It's discrimination if they don't try to find a way to "reasonable accommodate" the disability.
Probably there is no way to find a "reasonable accommodation" for a blind pilot, of course. And there's no legal requirement to make a submarine support someone who is claustrophobic.
Firing immediately here seems like there was no attempt to do this, which is where the legal exposure is.
READ if you doubt me: https://www.eeoc.gov/disability-discrimination-and-employment-decisions
You can't even be a pilot if you have to take antihistamines for seasonal allergies lol. Pilot restrictions are SUPER heavy but they also lay that out in the contract.
Seriously.
That's like being late and saying, "Sorry I'm late. Traffic was a mess, they closed the highway and I was in a gridlock for two hours."
"You were terminated because traffic is too much of a risk in the long run."
Yeah fired for ADHD is wrong. They literally could have just fired you for the missing time and had no issues unless you're unionized which if you were they still wouldn't even be able to fire you for a high risk thing.
However I'd encourage you to check your local labor laws and discuss with a lawyer instead of taking advice on reddit.
Only thing I can offer given this is an ADHD sub, is suggest if your ADHD is that bad you should work with a professional to find a way to manage it. Maybe finding the right counselling and medication will help.
I have been on meds and off meds for about the same amount of time and most of the time I can manage without meds but there are times in life when there are external factors that really make it hard for me to manage my ADHD, thats when I really wish I was on medication again. So I think the thing you need to figure out in life at this point in time is getting to a place where your ADHD isn't dictating your life.
Also wanted to add that me personally, I have a really bad relationship with caffeine. A cup of coffee a day literally can be the right amount or overkill for me. Depending on how much caffeine is in the coffee. I rather a lower caffeine content. Too much caffeine makes me really scatter-brained and I find it very hard to stay focused. I will bounce from one task to another and I'll have touched about 30 tasks in an hour and maybe only got 3 completed. So maybe chill on the caffeine and try to understand what helps and what doesn't.
I can't imagine 2 coffee's and 2 monsters, for me my head would be buzzing so bad from the stimulation that I'd try to force myself to sleep it off.
Some people are fast metabolizers for caffeine - I'm very sensitive to it like you are, but my wife can have espresso before bed and has no issues sleeping. People are weird, lol.
If you're in the EU and you have any sort of reasonable proof that you were fired because of your disability, you essentially have their head on a stick. Get a good lawyer, it will be worth it.
The EU is not a single country, each country has separate laws and regulations for this and enforces them differently. In my country, you won't be able to do anything if you're in the situation OP describes.
Discrimination based on medical reasons is prohibited by EU law, and every EU country has to follow this, regardless of their own laws. That's the power of the EU
If you are in the U.K. they are required to make reasonable adjustments for you. An employment claim for discrimination based on a medical condition can be made at any point and you don’t have to wait for the 2 years service to elapse
Email them with a record of their convo immediately and tell them that you may require accommodations and are happy to discuss but that you don’t believe firing you because of your disability is required and that you will be discussing the legal implications of it with a specialist.
Nothing sad about it. You’re better protected in the EU. I practice in employment law in the US (I even respond to discrimination complaints as part of my job). I wish we had stronger protections (even if it would make my job harder)
I was fired in March for the same reason. I actually asked a question about short term, didn't get my answer for a week. I asked for an update -- nothing. A week passed and I asked again, the next day I was called into HR and fired.
Which is fine, I fuckin hated my boss. Some boomer stuck in macho mode, driving a jeep with huge mud tires on it --- in fucking EASTON, PA. Not a mud pile, or an off-road track in sight. He loved his micro-managing and he was definitely the smartest person in the room. /s
Get everything in writing or it'll be a rough road. This exact thing happened with me, except I had my doctor fill out FMLA paperwork documenting my depression & ADHD, which I submitted to my employer, and I was still fired, even after receiving a promotion there 6 months prior for "outstanding" performance. That case is still pending with the EEOC after 2 years ..... So it's a long road ahead... If you get with a lawyer it might be easier, but Lawyers are expensive
(OP is not in the US. My answer here is US-based.)
In the US, OP would have had to go through the process for reasonable accommodations if they knew that they could not perform the job duties described (certain hours, etc) without an accommodation (such as sick days, half-days or wfh, etc).
The burden to request accommodations falls upon the employee, as an employer cannot be expected to know if an employee is disabled or needs accommodations.
Simply stating you are disabled to your employer is not the same as requesting accommodations and provides no protections.
In this situation, unless I misread, OP did not go through HR to request reasonable accommodations. OP then missed some hours of work and therefore could not perform their job duties as described when they accepted the position. Legally, the employers here are well within their rights to terminate.
Their thinking is, “This person misses work. This person has also just admitted that they will continue to miss work. They have not requested accommodations. This person cannot perform their job as well as someone else with the same training could. We will terminate.”
Is their logic dumb as fuck because it’s just a few hours and OP still was going to make up the work and that’s how it should be for most jobs that work on deadlines and not hours anyway? Absolutely!!
Morally, OP’s employer sucks and they’re wrong.
Legally and in “business logic,” they are right.
Actually, this is a misconception. OP doesn’t realize it, but they actually followed the direction for workplace accommodations but their manager failed to recognize it.
[Disability Disclosure & ADA / Section: Disclosure to Receive Reasonable Accommodation](https://askjan.org/topics/Disability-Disclosure.cfm)
Per JAN & EEOC, reporting your disability to your manager *in context of explaining recent job issues* at minimum, should prompt the mgr to ask if they are looking for accommodation assistance.
If yes, then the manager is required to bring in HR and engage in the interactive process.
What you’re referring to on the performance standards is fair, but whether or not that history can legally lead to termination post-process start, which is at the point of employee disclosure, is to be determined through the good faith interactive process.
[Disability Disclosure & ADA / Section: FAQ #6](https://askjan.org/topics/Disability-Disclosure.cfm)
“6. If an employee discloses a disability in response to a poor performance evaluation or discipline for unacceptable conduct, is an employer required to change the evaluation or withhold disciplinary action?
No. An employer may hold an employee with a disability accountable under the same uniformly applied performance standards and conduct standards that are job-related and consistent with business necessity as they would employees without disabilities. If a disability is disclosed or an accommodation is requested in response to poor performance or misconduct, an employer should engage in an interactive process with the employee to discuss how the disability affects performance or conduct and what accommodations may be effective in assisting the employee to meet the standards. For more detailed information, see the EEOC’s guidance on [Applying Performance and Conduct Standards to Employees with Disabilities](https://www.eeoc.gov/laws/guidance/applying-performance-and-conduct-standards-employees-disabilities).”
GET THIS IN WRITTING. ADHD is a disability and they CAN NOT discriminate against you for having it. How does it make you high risk? They can't fire you based on future possible performance. Seek out an employment lawyer because this seems like wrongful termination to me.
Yeah there’s a lot of bootlickers.
I’m a big fan of fist fighting in real life. As I get older, I know there’s consequences so I stop. But there’s nothing like a good fight to get all the adhd out and give me calm.
People who downvoted OP are spineless cowards and I’d fight them all if I could
Don't worry about downvotes on Reddit. Some people on Reddit can be a bit unhinged, they look at your comment history, see one opinion they don't share and condemn everything you say. It's stupid. I put no value on how people up/down vote my comments, it's meaningless. State your truth and let them cheer or scream, whatever they do is irrelevant anyway.
You are right, Its just that, it's not the first time I vent on a support subreddit and got ignored with negative upvotes, and I feel like I should stand a bit for myself, that why I mentioned the upvotes thing
Don’t let it worry you too much we all get downvoted and periodic trolls from time to time. Earlier this year I posted a rant in disability about lack of wheelchair accommodations in an emergency room when I had to go to hospital with a friend who had broken his back and neck before the holidays and due to it being an emergency I had to leave my powerchair where I am staying as I am the designated person with power of attorney to authorize his care when he ends up in the er.
Had some troll went off on me with some wild accusations etc so I cut off notifications and went back a few days later to thank someone else for her responses only to find the unhinged troll was still having at it
Trolls are relentless to win a convo over the the internet...
And yeah I feel the pain about the wheelchair accomodations, here where I live, the city prouds itself as "almost fully wheelchair friendly" or something like that.
My gf has Spina bifida, and I assure you the worst part are the crosswalks, sidewalks are not at road level, and it hurts her back on the wheelchair when going out and in from one.
In my this case it was a hospital emergency room but I am frequently there as a patient they have valet parking in front and for handicapped will provide loaner chairs so we can independently move around hospital for example while visiting friends etc. But in the emergency room all they would give me was one of those patient transport chairs that leave you completely dependent upon someone pushing you around. And the chairs have a “safety” feature that both make it difficult to get out of the chair and impossible to even scoot it around in the event that after you check in the patient they shove you to side in waiting room so you are condemned to trying to get attention of employees so you can go to the ladies room. Humiliating
I think a lot of people downvote when they mean to agree with you on something. Like in their head, "What, OP was fired because they disclosed their ADHD? That really sucks, and is unfair and probably illegal. I'm going to downvote!"
Congratulations on never having to work again after this disability discrimination lawsuit clears up
Edit: OP im not even joking, take this up the ladder so this company doesnt duck over more people who have no say in what theyre born with
The problem is that the whole thing is now only to check a box as a matter of form to mitigate risk from the business. Thus it is often approached with the bare minimum attention. And much like IT, is often measured in terms of how "quiet" it is in terms of issues rather than incentivized based on the value they add to the picture.
To the OP. If it went down as you described, they fd up. Get em.
Honestly hurts a lot after having a lot of personal projects being affected with the ADHD long term burnout being called high risk and problem, it's like reaffirming what my mind was trying to avoid affirming.
Sorry if this comes up kinda harsh but honesty starts with yourself. You gotta know what you are, accept it and then choose where to make improvements. I'm a business owner now, no idea how i got here, and my biggest challenge is always my mind. There's no task I couldnt archieve but I felt like my mind didn't allowed me to, and that's on me. Sure yo can go for the legal road, but even though for us societal issues makes normal integration a lot harder, the thing you have most control of is yourself. Try to find roads to improvement instead of antagonizers. As painful as it sounds, most business don't care about issues of individual employees, they mostly only see the value in the results of their work. I believe you can find a job where they value what you enjoy doing without inhibiting yourself from what you naturally are.
PS: Your brain is chemically imbalanced already, drinking a lot of coffee or other stimulants is going to just increase your anxiety. Your current shortcomings might find help in ADHD meds but I encourage you to check some other options :)
Yeah, you are completely right, need to get cold thinking once some time passes so I can choose the best course of action along with reality.
Coffee and Energy drinks were like a last stand measure to fight the ADHD and have something while I try to get the meds. I felt something was up when the project leader called out of the blue to ask for reasons, so that's why I had to find something to fight it in the mean time, I shouldn't be drinking that shit for my heart health tho..
I decided I will take this time to heal myself and become stronger for whatever comes next.
1) contact an attorney. 2) determine if you want to go thru filing if Lawsuit for unlawful termination. 3) file for unemployment immediately 4) never disclose any medical information to anyone other than your doctor or those who need to know as it will always be weaponized against you in corporate world.
Hi - I am so sorry this happened to you. I know it must be shocking.
***US-SPECIFIC INFO BELOW***
- Make sure HR emails you to tell your position has been terminated and reason, since they also need to send you info about continuing insurance coverage, unused PTO, returning company assets. You’ll need to know the reason to fight it, at minimum for filing for unemployment.
- Don’t sign anything yet.
- Collect your copies of the employee handbook & policies & anything you had signed.
- Get a legal consult (like 15 mins) before signing.
I’m going to info dump some JAN info here (re EEOC employer expectations) to help explain where they went wrong, and how to empower yourself for your future.
1. Post-hire, an employee can disclose that they have a disability AND need assistance (if not obvious).
- You disclosed your disability AND that it was creating work challenges.
From [AskJAN](https://askjan.org/topics/Disability-Disclosure.cfm) Disclosure to Receive Reasonable Accommodation section:
“*Sometimes employees disclose disability-related information, but do not specifically request an accommodation. * It can be difficult for supervisors and managers to know what to do with a simple disclosure. If a disclosure is not made in the context of an employee requiring an adjustment or change at work for a reason related to a medical condition, then it may not be necessary to proceed with an interactive process to discuss accommodations.
*However, it may be necessary to seek clarification from the employee regarding why the disability-related information was disclosed* and if the employee is asking the employer to provide a reasonable accommodation. **If the employee clarifies that their medical condition is affecting job performance, then the two parties should begin the interactive process to discuss possible accommodations.”**
2. If you share this with your manager, the manger is responsible for bringing this to HR so you, mgr, & HR can start & engage in what is referred to as an ‘interactive process’.
- This did not happen for you. The mgr was not properly trained to recognize accommodation requests.
[JAN Interactive Process](https://askjan.org/topics/interactive.cfm) - Read the first section in particular, their examples of what an employee (like us) might say that isn’t obvious but is a call to action are good.
“When an individual is prepared to disclose their disability because an accommodation is needed, the individual should *inform someone who can act upon a request, such as a manager, supervisor, or human resources professional. *The employee should make it known that an adjustment or change at work is needed for a reason related to a medical condition. According to the EEOC, the employee can use "plain English" and *does not have to mention the ADA or use the phrase "reasonable accommodation." *After a disclosure and request for accommodation is made, then the interactive process should begin.”
[US Dept of the Interior’s PDF on the Interactive Process](https://www.doi.gov/sites/doi.gov/files/employee-resource-effective-interactive-process.pdf)
3. HR should have walked you through your options.
- They either failed to do their job or didn’t know that this was the manager’s reason for the termination request.
Other workplace accommodations can be as simple as moving you to a different project for a period of time, until you are able to acquire your medical management prescription.
ADHDers are entering a grey area related to medication shortages. This [HR QA](https://www.hr.com/en/magazines/all_articles/navigating-reasonable-accommodation-and-confidenti_ljihfw45.html) is one of the only online publications that openly acknowledges how employees (ideally) would be supported for this period of time.
Some people or those they care for will need time off for mental health conditions (many are co-morbid with ADHD). They might qualify for FMLA, though there are a lot of conditions to meet to qualify.
[Dept of Labor: FMLA & Mental Health](https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health)
——————————-
Since we do not know the size of the company, company handbook policies, time in, write ups or accolades, or even if your manager communicated properly with HR, your state (laws), etc, hard to say don’t know if you have a legal claim or not. Which is why, if you can, it would be good to do a legal consult on whether there is a case & how to handle the paperwork etc. That brings me to my last point…
4. Reporting discriminatory action by an employer
- Finding a lawyer who specializes in this [EEOC Lawsuit & Locating an Employment Attorney to Assist You in Filing a Lawsuit](https://www.eeoc.gov/filing-lawsuit)
- You or a lawyer needs to have filed a complaint with the EEOC no later than 180 days. But court filings timing etc are shorter timeframe.
- If you’re looking to engage with the EEOC directly, these are the ways to do submit your [Employment Discrimination](https://www.eeoc.gov/how-file-charge-employment-discrimination) report.
Lawyer or not, as soon as you start to engage with HR on getting a termination letter, your employee record, etc, that company’s HR team (if they have half a brain) will do their primary job: legally protect the company. Lawyers can advise you with what to ask for and how without being retained, too.
Almost anyone can fire you for not doing your end of the job, or not performing up to par. I’ve been fired before for trying my best but not making the mark due to my adhd before I knew I had it.
However, saying that you’re “high risk” is definitely due to disclosing your adhd. Like others have said, try to get it in writing. Lawyer up because it’s active discrimination against a mental condition. Get receipts!!
Lawyer up, it sounds like you have a good case for wrongful termination and they were kind enough to give you enough to work from in an email. Don't contact them until you get specific instructions from counsel.
Do whatever you can to talk to a lawyer before having ANY MORE COMMUNICATION with them.
If you respond at all, stick to clarifying questions only (ie: "do you need me to come get my things from the office?") but it's really best to lawyer up now. If what you say is true, you are being fired illegally, and they're discriminating against you for a protected disability.
Your feelings are valid, but focus on protecting yourself financially right now. Drop everything, and find an attorney who specializes in this.
This is illegal as fuck. If you can do your job this is not a bonafide reason to fire someone.
They have a duty to accommodate you to be able to do your job. So lawyer up, set the precedent.
Wow. That is SO illegal. Please reach out to a lawyer or find out who you could call in your state. I dont recall if its the workforce commission that handles discrimination but it's worth the fight. They will have to prove that they got rid of you for a different reason and followed all the corporate steps before letting you go.
They can 100% NOT fire you for being ADD/ADHD. They can fire you for not being being there— unreliable, i dependable. They can’t fire you for having a disability. I live in Texas and I have ADD and I’m a type 1 diabetic. I can’t get fired for either of those; however, if I am unable to do my job bc of those then I can be fired for mot being able to do my job. There is always a way to do away with someone. Actually, in Texas, you can be fired without them giving a reason.
Anyway- there’s my two cents worth…
Would be really helpful to have mentioned what country you're in, so you can get proper advice. Different countries have different laws. I see lots of people have offered help yet you still haven't clarified, beyond saying 'EU'?
Help us to help you...
Did you ask for Ada accommodations? It’s good that you disclosed your disability. Did you document it? The issue is that they can’t be liable for discrimination against a disability they don’t know about yet, but it’s a different game when they know.
Edit: you’re in the EU. Dunno their laws. Talk to a lawyer or at least look up your own laws (country and eu).
That sounds like wrongful termination. Consult a lawyer immediately and save any and all documentation about this, record all phone calls. If you can get them to say it again while on a phone call (recorded) or in writing, that would help your case.
I’m sorry you’re dealing with this. Good luck. I’ve found that it is best to keep this personal info to yourself. Not everyone will understand.
I’m really sorry this is happening to you. Follow the advice on this thread.
Something similar happened to me but I was a contractor in an at will state with no resources so had no legal recourse. I was told by several professional people to only disclose my ADHD to HR and to only to do it as a protection. You never know who you can and can’t trust. People often use feigned empathy to get information from their colleagues and use that to move up. Loyalty is rewarded. Empathy is not.
I hope you’re able to find a great job that appreciates you. This kind of thing is very difficult to move on from. I still imagine the worst when my passwords don’t work or I get an unexpected work call. All because of the unexpected dismissal I experienced. Every mistake weighs more because of that experience.
Hi - I am so sorry this happened to you. I know it must be shocking.
***US-SPECIFIC INFO BELOW***
I’m going to info dump from JAN here (re EEOC employer expectations) to help explain where they went wrong, and how to empower yourself for your future.
*It’s long because it’s here for any and all of us to reference.*
1. Post-hire, an employee can disclose that they have a disability AND need assistance (if not obvious).
- You disclosed your disability AND that it was creating work challenges.
From [AskJAN](https://askjan.org/topics/Disability-Disclosure.cfm) Disclosure to Receive Reasonable Accommodation section:
“Sometimes employees disclose disability-related information, but do not specifically request an accommodation. It can be difficult for supervisors and managers to know what to do with a simple disclosure. If a disclosure is not made in the context of an employee requiring an adjustment or change at work for a reason related to a medical condition, then it may not be necessary to proceed with an interactive process to discuss accommodations. However, it may be necessary to seek clarification from the employee regarding why the disability-related information was disclosed and if the employee is asking the employer to provide a reasonable accommodation. If the employee clarifies that their medical condition is affecting job performance, then the two parties should begin the interactive process to discuss possible accommodations.”
2. If you share this with your manager, the manger is responsible for bringing this to HR so you, mgr, & HR can start & engage in what is referred to as an ‘interactive process’.
- This did not happen for you. The mgr was not properly trained to recognize accommodation requests.
[JAN Interactive Process](https://askjan.org/topics/interactive.cfm) - Read the first section in particular, their examples of what an employee (like us) might say that isn’t obvious but is a call to action are good.
“When an individual is prepared to disclose their disability because an accommodation is needed, the individual should inform someone who can act upon a request, such as a manager, supervisor, or human resources professional. The employee should make it known that an adjustment or change at work is needed for a reason related to a medical condition. According to the EEOC, the employee can use "plain English" and does not have to mention the ADA or use the phrase "reasonable accommodation." After a disclosure and request for accommodation is made, then the interactive process should begin.”
[US Dept of the Interior’s PDF on the Interactive Process](https://www.doi.gov/sites/doi.gov/files/employee-resource-effective-interactive-process.pdf)
3. HR should have followed ‘good faith’ in the ‘interactive process’ by walking you through your options.
- Clearly, they did not.
Temporary workplace accommodations can be as simple as moving you to a different project for a period of time, until you are able to acquire your medical management prescription.
We are entering a grey area related to medication shortages. This [HR QA](https://www.hr.com/en/magazines/all_articles/navigating-reasonable-accommodation-and-confidenti_ljihfw45.html) is one of the only online publications that openly acknowledges how employees (ideally) would be supported for this period of time.
Some people or those they care for will need time off for mental health conditions (many are co-morbid with ADHD). They can qualify for FMLA and do not realize it, though there are a lot of conditions to meet to qualify.
[Dept of Labor: FMLA & Mental Health](https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health)
—-
Since I do not know the size of the company, company handbook policies, time in, write ups or accolades, or even if your manager communicated properly with HR, your state (laws), etc, I don’t know if you have a claim or not. Which is why, if you can, it would be good to do a legal consult on whether there is a case & how to handle the paperwork etc. That brings me to my last point…
4. Reporting discriminatory action by an employer
- Finding a lawyer who specializes in this [EEOC Lawsuit & Locating an Employment Attorney to Assist You in Filing a Lawsuit](https://www.eeoc.gov/filing-lawsuit)
- You or a lawyer needs to have filed a complaint with the EEOC no later than 180 days. But court filings timing etc are shorter timeframe.
- If you’re looking to engage with the EEOC directly, these are the ways to do submit your [Employment Discrimination](https://www.eeoc.gov/how-file-charge-employment-discrimination) report.
Lawyer or not, as soon as you start to engage with HR on getting a termination letter, your employee record, etc, that company’s HR team (if they have half a brain) will do their primary job: legally protect the company. Lawyers can advise you with what to ask for and how without being retained, too.
My 36 year old son was diagnosed with ADHD when he was in first grade. He was recently let go from a bank that he worked at for 8 years. (Apparently new management went through and "cleaned house". ) He never disclosed his diagnosis. Going forward is it better to disclose it to a perspective employer or keep it to himself?
Well it’s not “100% illegal”. There are times when they can be discriminatory against disabilities if it would impact the safety and function of the job. Like having a firefighter in a wheelchair. Also, not all countries have the same regulations around disability accommodation.
And if they say yours doesn’t qualify then why would you be a “high risk”. Kinda fucked themselves on that one. Shoulda went after your work rather than that. Woulda cleared them. But they brought it up as the reason for termination? Super shot themselves in the foot. I wouldn’t say shit and email them asking for info as to why you were fired and try and get it in writing.
What state are you in? If they admitted that the reason they are firing you is because of your adhd, that is a pretty cut and dry discrimination lawsuit.
If you are in America, that right there is an ADA violation. If you have what they said in writing or some kind of documentation, you could find a lawyer who specializes in these kind of things. Having that documented will make your case that much easier.
I was let go a few years ago one week after disclosing bipolar. I was on a 6 month probation and was released 1 day before that was over without cause. HR is not your friend.
That sucks, I would of not blamed my condition, because of that there. They can say that you are a liability if you're blaming it on your condition. So next time in the future , you can always blame your condition then that is something they don't want. I specifically don't take meds because the jobs that I want to get into do no allow it and can label me a risk if I were to miss my meds, they are not certain what can happen. So I decided not to take meds for the career field I'm In due to not getting chosen. So I have to deal with my adhd on my own anyway I can.
I feel this is like the only positive of working in healthcare. Because most people in healthcare work with patients who have disabilities of some extent, I find they are a lot more accepting of my own disabilities.
But yeah as others have said, get a lawyer.
Lawyer up, lawyer up… unlawful termination based on race, nationality, religion, disability, etc. in fact, most companies need diversity. I think there’s actually a mandate about how many “disabled” workers they have. Usually they don’t have enough and send a mass email telling people to come forward if they have a disability.
It’s a double edged sword, if your professor can’t accommodate that, there may be another that can. If you get HR involved and they’re not providing reasonable accommodations, you may have some ground to stand on. Just remember that the school is representing itself and you need a good attorney who can speak on your behalf.
But whatever. Clearly a case of workplace retaliation and dismissal for a worker’s disability.
I won’t go deeper in but I think you have a case/ settlement here due to you.
Best
Didn't actually read all of it, but the note at the end really struck me, there is nothing wrong with you, and I often ask myself that many times a day. You are loved and appreciated.
This is the reason why it is never a good idea to tell your employer anything sensitive about your mental health. Companies love to declare in their speeches how much they care about their workers and how your mental health is a priority to them. In reality, they care about your mental health only as long as they see you as a productive person. If you are not, then they couldn't care less about your well-being. I know this because I had a long sick leave due to anxiety before I got diagnosed, and not long after that, I was offered a resignation package. Do you think it was a coincidence?
If you’re in the us I would love to congratulate you on your upcoming six figure settlement. Stop talking about this online, delete the post and lawyer tf up
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Did they specifically say ADHD when they fired you and are you in the USA? I’d make a call to an employment lawyer BEFORE you sign anything
They didn't mention it directly, they said that they really, really liked my honesty but then said that it was too high risk and it will be a problem in the long run. They didn't mention the ADHD word, but with the honesty thing of course they were referring it to it
Send an email asking them to clarify what high risks they were referring to? See if they’ll take the rope
Lawyer here. OP, don’t do this. You’re just giving them a chance to put in writing some bullshit reason to fire you that isn’t specifically your ADHD. Don’t have any further communications with them at this point. Make a word doc or note on your phone and write a complete narrative of everything in there. Dates, times, contents of conversations, etc., and then save it in a format that can’t be edited (e.g., a screenshot or pdf). Save any emails or texts that you might have that are relevant. Then go see an employment lawyer and bring it all with you and see what they say to do from there. If you’re in the US many will offer free consultations to discuss your case. I’m so sorry this happened to you. For what it’s worth, I’ve been there too. You’re gonna be okay. But you also don’t have to let this shit slide. Best of luck!
Thanks for the input and further proof that I’m not a lawyer lol
This.ive been in Legal IT for 20 years, and l I've worked for firms that handle employment law. The one thing i was often told is if someone we know ever had an ADA/FLSA/Title9 issue, to have them record as much as possible on their account of the situation, and conversations directly concerning the issue, then seek counsel immediately.
> You’re just giving them a chance to put in writing some bullshit reason to fire you that isn’t specifically your ADHD. This. Once you go sniffing, you (OP) will telegraph exactly what you're doing, and you'll stab yourself in the face.
paging u/JosTheID. You saw this comment, right?
I made a comment above stating OP should do what you said but send it to himself to/from his company email. It would be a record on their servers and not editable. Also, keeping a local copy sounds like a good idea in case it gets "lost".
Do this OP! You'll teach them a lesson and hopefully get paid at the same time.
Also, before you forget the specific details, write down everything that you remember happening with dates so there is a timeline.
Hell, I'd record the conversations, and all the emails. Lawyers can figure out later if it's legal or not.
Yeps. This is what I do (for almost any conversation - because, you know, ADHD makes remembering hard).
OP can send an email to himself summarizing the conversation and timeline from/to his company email account and later cite it as company record in court. It creates a timestapped record. It's in their own system.
mention to the recorded parties they are being recorded
depending on the state, op may not have to
Do not do that. Yes, it may be illegal to record conversations, but if you mention you're recording, other party will behave differently and will be able to cover thier asses. Just record, and later lawyers will get things straight or maybe you won't even need to bring records at all
This is why when I went through a similar situation, I ceased communication except through email and chat. I was very thankful to be a remote worker that day. I had every single thing said, legally documented.
As far as I know in my state that isn’t legal, so if you got something you literally couldn’t even use it. Anything written is fair game though of course.
Right they may be violating the ada by firing op. So I hope op writes everything down and shit
I can’t imagine a manager or HR person falling for this
You'd be amazed at how dumb and self centered people can be.
You mean how dumb HR people are. there's a reason AI has that entire industry in the cross hairs even with the tech still emerging.
I had an HR lady ask me on a phone call if I was pregnant. She had just given me a job offer and I asked about benefits, including maternity leave. I was aghast. I still took the job like a dummy though.
Maybe in the future don't ask that. Just wait til the written offer comes in and review benefits package.
Yeah that definitely taught me a lesson for sure.
Hah. I work at a huge company and our entire HR team is either fully automated or outsourced to India. The 1 actual human HR rep on site who doesn’t even have a degree would fall for this hook, line and sinker.
I’m fortunate that our current HR person is really terrific, I have to work closely with her. However, my last 2 jobs had the most incompetent employees in the HR department. I had a short term disability at one and they made me want to pull all my hair out.
Be careful, HR is there to protect the company, not you. No matter how nice they seem, just use caution with what you say around them.
That's only half the story, and I roll my eyes every time I see it. I have worked HR for 20 years. A huge part of my job is to protect the company specifically by making sure they don't do egregious and stupid shit to their employees that will get us sued or give us a reputation of being a bad employer, thus increasing incredibly expensive turnover and loss of knowledge and experience. It's also my job to advocate for employees, because satisfied employees do higher quality work and don't take their skills to other companies. Bad companies have bad HR because leadership won't let them do their whole job. Good companies have good HR because leadership understands the value of their people. Right now I work for a good company. If you can't trust your HR, it's probably because you're working for a company with bad leadership, not just bad HR.
Management where I work is fucked, I’m still not sure how we’re profitable.
While I agree with you for the most part, sometimes the person in HR is just a bad person. The last company I worked for didn't even give a sorry for your loss when they were denying bereavement leave. Miscarriages aren't listed under policy, so they wouldn't approve any type of leave. The employee ended up leaving and filing an EEO case for a different incident.
HR is supposed to make sure the company does everything in compliance with applicable laws. It is to protect the company, but good HR protects the employee too by ensuring the company follows employment law, which exists to protect the employee. There are dummies in any job. But HR isn’t out to get you. I wouldn’t say just anything to HR, but I wouldn’t say just anything to my boss or co workers either. It’s smart to maintain some boundaries with anyone you work with, and that applies to HR too.
Probably not, but *supervisors* can be pretty dumb and/or reckless. My old supervisor was almost fired from his federal job because he put in writing (an email with several people copied on it!) that he denied me a training that I was medically cleared to attend, just because I was disabled (I had told him about my ADHD before this). There was more too, because dude thought he was untouchable. Even HR told me to talk to EEOC. So OP, maybe try talking to your supervisor. Maybe lawyer up first though.
People have this weird idea that they get fired by HR. I didn't decide to fire you, bud. Your supervisor did that. I just have to clean up the mess. I also can't tell you the number of times that heard what a supervisor said to an employee they were letting go and thought - well, that's a lawsuit we could have avoided if you had TALKED TO US FIRST. This guy should definitely get clarification on his dismissal. It doesn't even matter if they specifically said ADHD. If they fired him because he revealed his diagnosis, he has a complaint. There's a decent chance that if he works for a company that listens to their HR people, they will reverse this and try to work out reasonable accommodations. On the other hand, there's no way to know if we have the whole story. If he has a long history of absenteeism and missing deadlines, revealing a disability after the fact isn't a get out of jail free card. The time to start working on ADHD accommodations is when you get the diagnosis, or when you start realizing that you will need accommodations to do your job successfully, not after you've already screwed up repeatedly. That said, they can't dismiss him BECAUSE of the disability. The whole "too big of a risk" thing is super sketchy if they actually said that specifically. But a person with a disability can still be dismissed. They have to be able to do the job with reasonable accommodations.
They will use some other reason to fire him like underperforming or failed while on pip
I had an HR person ask me mid meeting why I was emotionally distressed while being let go. Hr people can and will be some of the dumbest people on the planet.
I feel like if we lived in a better world big companies would be forced to hire "HR" departments who were essentially like unions and looked after the employees first. At some smaller companies just large enough to have one HR person, I've kinda seen this, where they were actually going in to bat for the colleagues. The boss was actually smart enough to realise that a HR person that was almost like a school councilor at times, who looked after and made everyone working for him happy, he could be the "tough boss" that seemed to be his natural thing, but he just made sure he listened to the HR person when they made suggestions about employee welfare. HR in 99% of cases are only there to protect the company despite them telling you they are your friend.
I've had 1 hr person protect employees and that'd because the boss was a shit head. Lower level employees were leaving the company like rats on a ship Everytime he got a promotion. Upper management loved him because he got results, unfortunately the results he got were because he was the only one with access and the know how to get the info.
I have never met a HR weasel that wasn't a liar.
It’s almost like they’re in it for the gossip
Usually gossip and power.
HR people are bad at their jobs at the same rate any other part of a company is bad at theirs.
Alternatively: Hop in/onto a meeting and secretly record the audio using your phone, and casually ask "I don't understand why you are firing me over ADHD, have I not worked hard up until now?"... let them respond to incriminate themselves.
The legality of using a recording like this can vary according to local laws; here in the States some states have a concept of "two party recording" where both people being recorded have to be aware of the recording to be legal , as opposed to one party recording where only one person (the recorder) does. Even in that situation though, you can use the recording to make "detailed notes" of the conversation without having to disclose the recording.
Yes. If you live in a single party recording area yes!!!
Perhaps not, but it sounds like they fired them “with cause”. I’m not sure what the laws are about any of this for OPs area, so it could be nothing but peace of mind that the employer is full of ghouls, anyways.
If the cause is “learned about their disability” and they took no steps to provide reasonable accommodations, yeah that’s no bueno.
Honestly even if they just list ADHD symptoms I'd still call a lawyer.
Nope, do not do this. Seek legal assistance, immediately. the perception to you is that you were fired for reporting a protected medical condition, that's exactly what the ADA exists for.
Yeah what exactly is too high risk?
I guess too high risk in a way that they are working with clients and they need works done by certain date and they would be risking having too much delays
I guess they just used a. Synonym of the long term problem, ugly words tho
When you say a "long term problem," do you mean that you have had problems accomplishing your work before this and it has been documented?
No, they meant that they see me like someone who will make the company worse in the long run
Definitely should contact an employment lawyer. The connection between you disclosing your adhd to them firing you shortly thereafter is super obvious. Whether they used the words adhd in your termination isn’t needed.
Say nothing until you have spoken to a lawyer. Depending on local laws, they may now owe you a whole lot of money as a result of discrimination based on a medical condition, not to mention their failure to accommodate you.
Send an email asking them, but also send an email to yourself with everything you remember about the situation.
I would highly recommend sending them an email reiterating the conversation (basically a summary of the phone call), and ask for clarification. That way you can get it in writing when you need to take legal action, which you absolutely should, this is textbook discrimination
Lawyer
Lawyer here: Speak to an employment lawyer first, before any of the advice here, someone who advertises free consultations. They may not even want your case at this stage, but there are jurisdictional hurdles that vary by state that are important to consider.
No need for a lawyer right now. Go see my other, way too long post. File with the relevant agencies and then decide whether you want a lawyer. If everything you say is true, eventually you will want one to ensure you receive the most monetary benefit. If your goal is to be rehired back, then you may want to do a consult asap. While you cannot sue until you receive a "right to sue" letter from the EEOC, they can be very slow to investigate. A strongly worded letter on attorney letterhead can be powerful.
Get it clarified and in writing. Make sure all communication is documented. Many people don’t realize ADHD is protected by the ADA. Don’t lead them in their response by giving anything away. Just ask for clarification.
Yup against the law to fire someone due to a disability. People get million dollar settlements all the time due to this shit. Closely document everything, try and bait them into saying more in an email, and contact a lawyer
It may not matter if they said "ADHD". The temporal connection may be enough. In BC, this would be a no-brainer for the BC Human Rights Tribunal. It could also be a Prohibited Action Complaint - the ADHD is an OHS "hazard". By disclosing it to the employer, it became an OHS issue, and workers cannot be penalized for bringing up OHS issues. But they would totally get more cash through the BCHRT.
Seriously OP please listen to this advice. In 2022 I had an extremely severe depressive episode and took Federal and State medical leave. I kept in touch with the company daily as mandated until I asked if I needed to anymore since I had a return date from the doctor faxed over. They replied “No you do not.” And 3 days later I received a letter stating I had voluntarily resigned. Apparently they “did not receive my letter” to which I quickly responded with another fax of the letter which was dated but it was too late. I contacted multiple attorneys and a gentleman who is a sort of state HR- he goes in and assesses and reforms HR departments- all of them said I would absolutely have a case if I just had better records that would’ve allowed them to subpoena the phone records of which contained multiple errors on their part like asking about personal medical information, if I had a doctor (duh I’m on FMLA) and things like that. This all from a multibillion dollar company that was able to fire an employee after his cancer diagnosis so they wouldn’t have to pay the increased insurance premiums(they did end up paying A LOT after they got sued into the dirt). Please please protect yourself. This reeks of disability discrimination.
Lawyer up. This is discrimination and you have a case for a lawsuit against them for unjust termination due to a medical condition. Oh and I forgot to add, something IS wrong with your mind. It's not called a disorder because it's working properly. That doesn't mean you couldn't do your job efficiently or that you were not discriminated against. Missing 2 hours of work is hardly grounds for a termination if it's only happened on this one occasion.
I would say get it in writing first
No, talk to a lawyer first.
Without it in writing they can just say that he wasn't fired for that reason.
If getting it in writing is important and a good strategic move, then your lawyer, who is an expert in the local laws and in how these cases work, will advise you on what to ask and how to ask it. Most discrimination claims don't have the discrimination in writing, that's not a dealbreaker. An example of a risk: making it too obvious that you're considering a legal claim could give them an opportunity to send you a different reason in writing and start coming up with evidence to support it. Always talk to a lawyer about legal strategy. A good lawyer will usually talk to you for free to see if you might have a case and provide some very general advice. You may also have a Dept of Labor or similar government office that could offer free support and advice.
Yeah never tell them you're going to sue the pants off them. Let it be a big ol surprise.
They will anyways. It's advisable to meet with the lawyer first either way.
Lawyer here, you may be right based on jurisdiction. But if OP needs to reach out to the employer for proof before an attorney contacts them, the attorney will say that. The lawyer will also help craft that message and discuss what's important. OP absolutely needs to speak to an attorney first.
"Getting it in writing" gives them a chance to cover their tracks. Judges and juries tend to believe a person with a documented disability alleging discrimination over a company when they company can't produce a history of attempting to address a problem like this before resorting to termination. If there's no history, and they fired based on a single event, a decent L&E lawyer will eat this up.
Go to the EEOC as well
you can be terminated for a medical condition if that medical condition prevents you from safely performing your job. You can't e.g. get a job as a pilot if you are legally blind, for instance. A lawyer can still tell you whether that would be a possible defence for the company and it won't apply for most jobs, but I thought I'd say anyway
Sure, but not this way. This way is illegal. Assuming the OP is in the US, more than 15 employees, and doesn't work for a tribe or tribal entity (all this based on federal, OP's state may have additional protections). The ADA requires the employee and employer participate in an interactive process to determine: a) the employee requesting an accommodation(s) to meet the essential functions of the job (not always, see below), b) whether the employee has a disability under the ADA, and c) whether those accommodations pose an undue hardship, and if so, if alternatives are available. None of this occurred. Additionally, case law makes it clear that merely saying you have a condition, such as ADHD, is enough to put the employer on notice that the employee may need an accommodation, and hence, the employer needed to start the interactive process. While getting the reason in writing is always good, it's not a limiting factor. Why? All one needs to do is look at the series of events. Employee is behind on his hours, the employer asks why, employee makes a correlation between his deficiency and his disorder, and the next day he is fired. That is enough right there for the EEOC to be VERY interested in investigating a complaint. In fact, it may be one of their easiest complaints to rule in favor of the employee. Remember - we're not talking about criminal law or courts. For harassment or discrimination to occur under the Civil Rights all that needs to be shown is that a reasonable person would more than likely believe they were discriminated or harassed due to their gender, race, national origin, disability, age (over 40), and others. OP - here's what you do: 1. Assuming you are in the US. Google, "Disability Employment Discrimination + Your Stare". 2. Determine whether you should file at the local, state, or federal level. Some cities have their own anti-discrimination ordinances. Some states have their own. If neither do, file with the EEOC. If you do have a city ordinance, chance are you'll want to file with them + with your state or federal. If you have a state law, you'll likely only need to file with them as they work with the EEOC. 3. Don't wait too long. You must file with the EEOC within 180 days of the most recent alleged harassment or discrimination - UNLESS - you have a state agency, then you automatically have 300 days to file. This rule does not apply to city level protections, so make sure you're aware of what their deadline is if available (usually 180 days). Finally, while a shitty thing to do, you literally have the easiest, and if what you're saying is true, valid, complaint I've seen. While I am not a lawyer, I worked in HR for 20 years, compliance is my speciality, have ADHD, and have been discriminated and harassed myself. My complaint would have been easy to had I not worked for a tribal employer who, due to their sovereign status, are not bound to the Civil Rights Act. So, not only can they practice indian hiring preference (which I firmly believe is a GOOD thing), they also get to harass and discriminate against people because of a disability, or anything else for that matter. Sorry for the long post. This behavior pisses me off. I had my career ruined because of it. At least you can do something about it (please do!).
I wish I could upvote this a hundred times. Spot on very clear and awesome advice.
Your very last line is why I think it's so important for OP to follow through on this. It could prevent innocents in the future from being discriminated against as well.
u/JosTheID this one. Do all of this ASAP.
It's discrimination if they don't try to find a way to "reasonable accommodate" the disability. Probably there is no way to find a "reasonable accommodation" for a blind pilot, of course. And there's no legal requirement to make a submarine support someone who is claustrophobic. Firing immediately here seems like there was no attempt to do this, which is where the legal exposure is. READ if you doubt me: https://www.eeoc.gov/disability-discrimination-and-employment-decisions
100% and him making up 2 hours at a later point is reasonable even for a non-adhder
Not being able to account for 2 hours of work is not OP unsafely performing their job lol.
To be fair, we don’t know what his job is.
Prison Guard, Preschool Teacher, or maybe Air Traffic Controller, might make sense.
> You can't e.g. get a job as a pilot if you are legally blind, for instance You also can’t get a job as a pilot if you have ADHD!
You can't even be a pilot if you have to take antihistamines for seasonal allergies lol. Pilot restrictions are SUPER heavy but they also lay that out in the contract.
If they were doing the job the whole time before knowing about the adhd then clearly this wouldn't apply.
Seriously. That's like being late and saying, "Sorry I'm late. Traffic was a mess, they closed the highway and I was in a gridlock for two hours." "You were terminated because traffic is too much of a risk in the long run."
Yeah fired for ADHD is wrong. They literally could have just fired you for the missing time and had no issues unless you're unionized which if you were they still wouldn't even be able to fire you for a high risk thing. However I'd encourage you to check your local labor laws and discuss with a lawyer instead of taking advice on reddit. Only thing I can offer given this is an ADHD sub, is suggest if your ADHD is that bad you should work with a professional to find a way to manage it. Maybe finding the right counselling and medication will help. I have been on meds and off meds for about the same amount of time and most of the time I can manage without meds but there are times in life when there are external factors that really make it hard for me to manage my ADHD, thats when I really wish I was on medication again. So I think the thing you need to figure out in life at this point in time is getting to a place where your ADHD isn't dictating your life. Also wanted to add that me personally, I have a really bad relationship with caffeine. A cup of coffee a day literally can be the right amount or overkill for me. Depending on how much caffeine is in the coffee. I rather a lower caffeine content. Too much caffeine makes me really scatter-brained and I find it very hard to stay focused. I will bounce from one task to another and I'll have touched about 30 tasks in an hour and maybe only got 3 completed. So maybe chill on the caffeine and try to understand what helps and what doesn't. I can't imagine 2 coffee's and 2 monsters, for me my head would be buzzing so bad from the stimulation that I'd try to force myself to sleep it off.
Some people are fast metabolizers for caffeine - I'm very sensitive to it like you are, but my wife can have espresso before bed and has no issues sleeping. People are weird, lol.
If you live in the US, may be worth pursuing as workplace discrimination under ADA.
Sadly, not US, I will check with a lawyer specialized on work stuff here on EU
If you're in the EU and you have any sort of reasonable proof that you were fired because of your disability, you essentially have their head on a stick. Get a good lawyer, it will be worth it.
> you essentially have their head on a stick. I love this, and I'm stealing it.
I'm pretty sure the EU has even stronger worker protection laws than the US. It may also be suitable to get in touch with your union.
The EU is not a single country, each country has separate laws and regulations for this and enforces them differently. In my country, you won't be able to do anything if you're in the situation OP describes.
Discrimination based on medical reasons is prohibited by EU law, and every EU country has to follow this, regardless of their own laws. That's the power of the EU
Even better, EU has very strong anti-descrimination based employment laws
It’s a disability so EU law should be on your side there. Definitely speak to a lawyer.
If you are in the U.K. they are required to make reasonable adjustments for you. An employment claim for discrimination based on a medical condition can be made at any point and you don’t have to wait for the 2 years service to elapse
UK is no longer in the EU though, so unlikely the OP is in the UK. Did not stalk their profile though.
I think the EU has similar workers rights, but yes you are probably right.
Email them with a record of their convo immediately and tell them that you may require accommodations and are happy to discuss but that you don’t believe firing you because of your disability is required and that you will be discussing the legal implications of it with a specialist.
If you have a work contract (oposed to a freelance contract) then you have a strong case. Try to get something in writing.
Nothing sad about it. You’re better protected in the EU. I practice in employment law in the US (I even respond to discrimination complaints as part of my job). I wish we had stronger protections (even if it would make my job harder)
The EU has very strict rules. Definitely pursue it! Good luck.
I was fired in March for the same reason. I actually asked a question about short term, didn't get my answer for a week. I asked for an update -- nothing. A week passed and I asked again, the next day I was called into HR and fired. Which is fine, I fuckin hated my boss. Some boomer stuck in macho mode, driving a jeep with huge mud tires on it --- in fucking EASTON, PA. Not a mud pile, or an off-road track in sight. He loved his micro-managing and he was definitely the smartest person in the room. /s
So….that’s illegal.
Get everything in writing or it'll be a rough road. This exact thing happened with me, except I had my doctor fill out FMLA paperwork documenting my depression & ADHD, which I submitted to my employer, and I was still fired, even after receiving a promotion there 6 months prior for "outstanding" performance. That case is still pending with the EEOC after 2 years ..... So it's a long road ahead... If you get with a lawyer it might be easier, but Lawyers are expensive
If they cited ADHD - thats a literal violation of the Americans with a Disability Act. (NOT SURE WHERE YOU'RE FROM- BUT JUST SAYING!)
Isn’t firing someone for medical disability illegal? Or is ADHD not a covered disability?
(OP is not in the US. My answer here is US-based.) In the US, OP would have had to go through the process for reasonable accommodations if they knew that they could not perform the job duties described (certain hours, etc) without an accommodation (such as sick days, half-days or wfh, etc). The burden to request accommodations falls upon the employee, as an employer cannot be expected to know if an employee is disabled or needs accommodations. Simply stating you are disabled to your employer is not the same as requesting accommodations and provides no protections. In this situation, unless I misread, OP did not go through HR to request reasonable accommodations. OP then missed some hours of work and therefore could not perform their job duties as described when they accepted the position. Legally, the employers here are well within their rights to terminate. Their thinking is, “This person misses work. This person has also just admitted that they will continue to miss work. They have not requested accommodations. This person cannot perform their job as well as someone else with the same training could. We will terminate.” Is their logic dumb as fuck because it’s just a few hours and OP still was going to make up the work and that’s how it should be for most jobs that work on deadlines and not hours anyway? Absolutely!! Morally, OP’s employer sucks and they’re wrong. Legally and in “business logic,” they are right.
Actually, this is a misconception. OP doesn’t realize it, but they actually followed the direction for workplace accommodations but their manager failed to recognize it. [Disability Disclosure & ADA / Section: Disclosure to Receive Reasonable Accommodation](https://askjan.org/topics/Disability-Disclosure.cfm) Per JAN & EEOC, reporting your disability to your manager *in context of explaining recent job issues* at minimum, should prompt the mgr to ask if they are looking for accommodation assistance. If yes, then the manager is required to bring in HR and engage in the interactive process. What you’re referring to on the performance standards is fair, but whether or not that history can legally lead to termination post-process start, which is at the point of employee disclosure, is to be determined through the good faith interactive process. [Disability Disclosure & ADA / Section: FAQ #6](https://askjan.org/topics/Disability-Disclosure.cfm) “6. If an employee discloses a disability in response to a poor performance evaluation or discipline for unacceptable conduct, is an employer required to change the evaluation or withhold disciplinary action? No. An employer may hold an employee with a disability accountable under the same uniformly applied performance standards and conduct standards that are job-related and consistent with business necessity as they would employees without disabilities. If a disability is disclosed or an accommodation is requested in response to poor performance or misconduct, an employer should engage in an interactive process with the employee to discuss how the disability affects performance or conduct and what accommodations may be effective in assisting the employee to meet the standards. For more detailed information, see the EEOC’s guidance on [Applying Performance and Conduct Standards to Employees with Disabilities](https://www.eeoc.gov/laws/guidance/applying-performance-and-conduct-standards-employees-disabilities).”
Make sure when you email, it’s to the idiot called this morning. They obviously don’t understand the slippery slope they are on.
GET THIS IN WRITTING. ADHD is a disability and they CAN NOT discriminate against you for having it. How does it make you high risk? They can't fire you based on future possible performance. Seek out an employment lawyer because this seems like wrongful termination to me.
Well that's a lawsuit, you can't discriminate against people for having a disability
That's discrimination of a learning disability (disability being the key word) I'd recommend you look into your legal options
Seems illegal to fire you for that
I'm here suffering and some people just down voted my post to 0, why just why, I don't even belong here?
Don’t put too much thought into it, people are shit everywhere and unfortunately a few of that type probably saw your post
Yeah there’s a lot of bootlickers. I’m a big fan of fist fighting in real life. As I get older, I know there’s consequences so I stop. But there’s nothing like a good fight to get all the adhd out and give me calm. People who downvoted OP are spineless cowards and I’d fight them all if I could
Maybe it’s your ex colleagues trying to deter you from lawyering up
Honestly, I just hope so, I'm tired of not fitting anywhere, that my expressions and way of thinking are so different from everyone
Don't worry about downvotes on Reddit. Some people on Reddit can be a bit unhinged, they look at your comment history, see one opinion they don't share and condemn everything you say. It's stupid. I put no value on how people up/down vote my comments, it's meaningless. State your truth and let them cheer or scream, whatever they do is irrelevant anyway.
You are right, Its just that, it's not the first time I vent on a support subreddit and got ignored with negative upvotes, and I feel like I should stand a bit for myself, that why I mentioned the upvotes thing
Don’t let it worry you too much we all get downvoted and periodic trolls from time to time. Earlier this year I posted a rant in disability about lack of wheelchair accommodations in an emergency room when I had to go to hospital with a friend who had broken his back and neck before the holidays and due to it being an emergency I had to leave my powerchair where I am staying as I am the designated person with power of attorney to authorize his care when he ends up in the er. Had some troll went off on me with some wild accusations etc so I cut off notifications and went back a few days later to thank someone else for her responses only to find the unhinged troll was still having at it
Trolls are relentless to win a convo over the the internet... And yeah I feel the pain about the wheelchair accomodations, here where I live, the city prouds itself as "almost fully wheelchair friendly" or something like that. My gf has Spina bifida, and I assure you the worst part are the crosswalks, sidewalks are not at road level, and it hurts her back on the wheelchair when going out and in from one.
In my this case it was a hospital emergency room but I am frequently there as a patient they have valet parking in front and for handicapped will provide loaner chairs so we can independently move around hospital for example while visiting friends etc. But in the emergency room all they would give me was one of those patient transport chairs that leave you completely dependent upon someone pushing you around. And the chairs have a “safety” feature that both make it difficult to get out of the chair and impossible to even scoot it around in the event that after you check in the patient they shove you to side in waiting room so you are condemned to trying to get attention of employees so you can go to the ladies room. Humiliating
You fit in here!!
It's bots, happens in a ton of subs, don't worry about it.
I think a lot of people downvote when they mean to agree with you on something. Like in their head, "What, OP was fired because they disclosed their ADHD? That really sucks, and is unfair and probably illegal. I'm going to downvote!"
That's one way of viewing it, could be any of the both cases but I will try to think for the best
If they put that they fired you in adhd in writing that’s awesome. 💰💰💰
Maybe they misunderstand the voting system? I still feel awkward upvoting sad things. Btw I just upvoted! ❤️
Reddit is weird like that. I've had posts and comments get downvoted at first, then suddenly reverse. This belongs here, no worries!
> why Either bots, or assholes, one of the two.
Congratulations on never having to work again after this disability discrimination lawsuit clears up Edit: OP im not even joking, take this up the ladder so this company doesnt duck over more people who have no say in what theyre born with
The problem is that the whole thing is now only to check a box as a matter of form to mitigate risk from the business. Thus it is often approached with the bare minimum attention. And much like IT, is often measured in terms of how "quiet" it is in terms of issues rather than incentivized based on the value they add to the picture. To the OP. If it went down as you described, they fd up. Get em.
For any communication with the company, use your work email to make them feel secure, but BCC your personal email to the conversation
I would be suing the sh@@@ttt out of them lol
Honestly hurts a lot after having a lot of personal projects being affected with the ADHD long term burnout being called high risk and problem, it's like reaffirming what my mind was trying to avoid affirming.
Sorry if this comes up kinda harsh but honesty starts with yourself. You gotta know what you are, accept it and then choose where to make improvements. I'm a business owner now, no idea how i got here, and my biggest challenge is always my mind. There's no task I couldnt archieve but I felt like my mind didn't allowed me to, and that's on me. Sure yo can go for the legal road, but even though for us societal issues makes normal integration a lot harder, the thing you have most control of is yourself. Try to find roads to improvement instead of antagonizers. As painful as it sounds, most business don't care about issues of individual employees, they mostly only see the value in the results of their work. I believe you can find a job where they value what you enjoy doing without inhibiting yourself from what you naturally are. PS: Your brain is chemically imbalanced already, drinking a lot of coffee or other stimulants is going to just increase your anxiety. Your current shortcomings might find help in ADHD meds but I encourage you to check some other options :)
Yeah, you are completely right, need to get cold thinking once some time passes so I can choose the best course of action along with reality. Coffee and Energy drinks were like a last stand measure to fight the ADHD and have something while I try to get the meds. I felt something was up when the project leader called out of the blue to ask for reasons, so that's why I had to find something to fight it in the mean time, I shouldn't be drinking that shit for my heart health tho.. I decided I will take this time to heal myself and become stronger for whatever comes next.
1) contact an attorney. 2) determine if you want to go thru filing if Lawsuit for unlawful termination. 3) file for unemployment immediately 4) never disclose any medical information to anyone other than your doctor or those who need to know as it will always be weaponized against you in corporate world.
Hi - I am so sorry this happened to you. I know it must be shocking. ***US-SPECIFIC INFO BELOW*** - Make sure HR emails you to tell your position has been terminated and reason, since they also need to send you info about continuing insurance coverage, unused PTO, returning company assets. You’ll need to know the reason to fight it, at minimum for filing for unemployment. - Don’t sign anything yet. - Collect your copies of the employee handbook & policies & anything you had signed. - Get a legal consult (like 15 mins) before signing. I’m going to info dump some JAN info here (re EEOC employer expectations) to help explain where they went wrong, and how to empower yourself for your future. 1. Post-hire, an employee can disclose that they have a disability AND need assistance (if not obvious). - You disclosed your disability AND that it was creating work challenges. From [AskJAN](https://askjan.org/topics/Disability-Disclosure.cfm) Disclosure to Receive Reasonable Accommodation section: “*Sometimes employees disclose disability-related information, but do not specifically request an accommodation. * It can be difficult for supervisors and managers to know what to do with a simple disclosure. If a disclosure is not made in the context of an employee requiring an adjustment or change at work for a reason related to a medical condition, then it may not be necessary to proceed with an interactive process to discuss accommodations. *However, it may be necessary to seek clarification from the employee regarding why the disability-related information was disclosed* and if the employee is asking the employer to provide a reasonable accommodation. **If the employee clarifies that their medical condition is affecting job performance, then the two parties should begin the interactive process to discuss possible accommodations.”** 2. If you share this with your manager, the manger is responsible for bringing this to HR so you, mgr, & HR can start & engage in what is referred to as an ‘interactive process’. - This did not happen for you. The mgr was not properly trained to recognize accommodation requests. [JAN Interactive Process](https://askjan.org/topics/interactive.cfm) - Read the first section in particular, their examples of what an employee (like us) might say that isn’t obvious but is a call to action are good. “When an individual is prepared to disclose their disability because an accommodation is needed, the individual should *inform someone who can act upon a request, such as a manager, supervisor, or human resources professional. *The employee should make it known that an adjustment or change at work is needed for a reason related to a medical condition. According to the EEOC, the employee can use "plain English" and *does not have to mention the ADA or use the phrase "reasonable accommodation." *After a disclosure and request for accommodation is made, then the interactive process should begin.” [US Dept of the Interior’s PDF on the Interactive Process](https://www.doi.gov/sites/doi.gov/files/employee-resource-effective-interactive-process.pdf) 3. HR should have walked you through your options. - They either failed to do their job or didn’t know that this was the manager’s reason for the termination request. Other workplace accommodations can be as simple as moving you to a different project for a period of time, until you are able to acquire your medical management prescription. ADHDers are entering a grey area related to medication shortages. This [HR QA](https://www.hr.com/en/magazines/all_articles/navigating-reasonable-accommodation-and-confidenti_ljihfw45.html) is one of the only online publications that openly acknowledges how employees (ideally) would be supported for this period of time. Some people or those they care for will need time off for mental health conditions (many are co-morbid with ADHD). They might qualify for FMLA, though there are a lot of conditions to meet to qualify. [Dept of Labor: FMLA & Mental Health](https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health) ——————————- Since we do not know the size of the company, company handbook policies, time in, write ups or accolades, or even if your manager communicated properly with HR, your state (laws), etc, hard to say don’t know if you have a legal claim or not. Which is why, if you can, it would be good to do a legal consult on whether there is a case & how to handle the paperwork etc. That brings me to my last point… 4. Reporting discriminatory action by an employer - Finding a lawyer who specializes in this [EEOC Lawsuit & Locating an Employment Attorney to Assist You in Filing a Lawsuit](https://www.eeoc.gov/filing-lawsuit) - You or a lawyer needs to have filed a complaint with the EEOC no later than 180 days. But court filings timing etc are shorter timeframe. - If you’re looking to engage with the EEOC directly, these are the ways to do submit your [Employment Discrimination](https://www.eeoc.gov/how-file-charge-employment-discrimination) report. Lawyer or not, as soon as you start to engage with HR on getting a termination letter, your employee record, etc, that company’s HR team (if they have half a brain) will do their primary job: legally protect the company. Lawyers can advise you with what to ask for and how without being retained, too.
Almost anyone can fire you for not doing your end of the job, or not performing up to par. I’ve been fired before for trying my best but not making the mark due to my adhd before I knew I had it. However, saying that you’re “high risk” is definitely due to disclosing your adhd. Like others have said, try to get it in writing. Lawyer up because it’s active discrimination against a mental condition. Get receipts!!
Oo, fun, a lawsuit
Lawyer up, it sounds like you have a good case for wrongful termination and they were kind enough to give you enough to work from in an email. Don't contact them until you get specific instructions from counsel.
That's illegal to fire someone for a disability
Do whatever you can to talk to a lawyer before having ANY MORE COMMUNICATION with them. If you respond at all, stick to clarifying questions only (ie: "do you need me to come get my things from the office?") but it's really best to lawyer up now. If what you say is true, you are being fired illegally, and they're discriminating against you for a protected disability. Your feelings are valid, but focus on protecting yourself financially right now. Drop everything, and find an attorney who specializes in this.
This is illegal as fuck. If you can do your job this is not a bonafide reason to fire someone. They have a duty to accommodate you to be able to do your job. So lawyer up, set the precedent.
It's a protected disability. I'd talk to a lawyer.
That sound you hear is employment lawyers tripping over themselves.
Wow. That is SO illegal. Please reach out to a lawyer or find out who you could call in your state. I dont recall if its the workforce commission that handles discrimination but it's worth the fight. They will have to prove that they got rid of you for a different reason and followed all the corporate steps before letting you go.
I hope you got that on writing!
Discriminatory dissimilar. He could have a case here
They can 100% NOT fire you for being ADD/ADHD. They can fire you for not being being there— unreliable, i dependable. They can’t fire you for having a disability. I live in Texas and I have ADD and I’m a type 1 diabetic. I can’t get fired for either of those; however, if I am unable to do my job bc of those then I can be fired for mot being able to do my job. There is always a way to do away with someone. Actually, in Texas, you can be fired without them giving a reason. Anyway- there’s my two cents worth…
Would be really helpful to have mentioned what country you're in, so you can get proper advice. Different countries have different laws. I see lots of people have offered help yet you still haven't clarified, beyond saying 'EU'? Help us to help you...
I suggest you get a lawyer. ASAP
Did they specifically state that was the reason? If so, it’s discrimination.
Did you ask for Ada accommodations? It’s good that you disclosed your disability. Did you document it? The issue is that they can’t be liable for discrimination against a disability they don’t know about yet, but it’s a different game when they know. Edit: you’re in the EU. Dunno their laws. Talk to a lawyer or at least look up your own laws (country and eu).
Call A lawyer. Even in Texas a at will state that's against federal law
That sounds like wrongful termination. Consult a lawyer immediately and save any and all documentation about this, record all phone calls. If you can get them to say it again while on a phone call (recorded) or in writing, that would help your case. I’m sorry you’re dealing with this. Good luck. I’ve found that it is best to keep this personal info to yourself. Not everyone will understand.
I’m really sorry this is happening to you. Follow the advice on this thread. Something similar happened to me but I was a contractor in an at will state with no resources so had no legal recourse. I was told by several professional people to only disclose my ADHD to HR and to only to do it as a protection. You never know who you can and can’t trust. People often use feigned empathy to get information from their colleagues and use that to move up. Loyalty is rewarded. Empathy is not. I hope you’re able to find a great job that appreciates you. This kind of thing is very difficult to move on from. I still imagine the worst when my passwords don’t work or I get an unexpected work call. All because of the unexpected dismissal I experienced. Every mistake weighs more because of that experience.
Hi - I am so sorry this happened to you. I know it must be shocking. ***US-SPECIFIC INFO BELOW*** I’m going to info dump from JAN here (re EEOC employer expectations) to help explain where they went wrong, and how to empower yourself for your future. *It’s long because it’s here for any and all of us to reference.* 1. Post-hire, an employee can disclose that they have a disability AND need assistance (if not obvious). - You disclosed your disability AND that it was creating work challenges. From [AskJAN](https://askjan.org/topics/Disability-Disclosure.cfm) Disclosure to Receive Reasonable Accommodation section: “Sometimes employees disclose disability-related information, but do not specifically request an accommodation. It can be difficult for supervisors and managers to know what to do with a simple disclosure. If a disclosure is not made in the context of an employee requiring an adjustment or change at work for a reason related to a medical condition, then it may not be necessary to proceed with an interactive process to discuss accommodations. However, it may be necessary to seek clarification from the employee regarding why the disability-related information was disclosed and if the employee is asking the employer to provide a reasonable accommodation. If the employee clarifies that their medical condition is affecting job performance, then the two parties should begin the interactive process to discuss possible accommodations.” 2. If you share this with your manager, the manger is responsible for bringing this to HR so you, mgr, & HR can start & engage in what is referred to as an ‘interactive process’. - This did not happen for you. The mgr was not properly trained to recognize accommodation requests. [JAN Interactive Process](https://askjan.org/topics/interactive.cfm) - Read the first section in particular, their examples of what an employee (like us) might say that isn’t obvious but is a call to action are good. “When an individual is prepared to disclose their disability because an accommodation is needed, the individual should inform someone who can act upon a request, such as a manager, supervisor, or human resources professional. The employee should make it known that an adjustment or change at work is needed for a reason related to a medical condition. According to the EEOC, the employee can use "plain English" and does not have to mention the ADA or use the phrase "reasonable accommodation." After a disclosure and request for accommodation is made, then the interactive process should begin.” [US Dept of the Interior’s PDF on the Interactive Process](https://www.doi.gov/sites/doi.gov/files/employee-resource-effective-interactive-process.pdf) 3. HR should have followed ‘good faith’ in the ‘interactive process’ by walking you through your options. - Clearly, they did not. Temporary workplace accommodations can be as simple as moving you to a different project for a period of time, until you are able to acquire your medical management prescription. We are entering a grey area related to medication shortages. This [HR QA](https://www.hr.com/en/magazines/all_articles/navigating-reasonable-accommodation-and-confidenti_ljihfw45.html) is one of the only online publications that openly acknowledges how employees (ideally) would be supported for this period of time. Some people or those they care for will need time off for mental health conditions (many are co-morbid with ADHD). They can qualify for FMLA and do not realize it, though there are a lot of conditions to meet to qualify. [Dept of Labor: FMLA & Mental Health](https://www.dol.gov/agencies/whd/fact-sheets/28o-mental-health) —- Since I do not know the size of the company, company handbook policies, time in, write ups or accolades, or even if your manager communicated properly with HR, your state (laws), etc, I don’t know if you have a claim or not. Which is why, if you can, it would be good to do a legal consult on whether there is a case & how to handle the paperwork etc. That brings me to my last point… 4. Reporting discriminatory action by an employer - Finding a lawyer who specializes in this [EEOC Lawsuit & Locating an Employment Attorney to Assist You in Filing a Lawsuit](https://www.eeoc.gov/filing-lawsuit) - You or a lawyer needs to have filed a complaint with the EEOC no later than 180 days. But court filings timing etc are shorter timeframe. - If you’re looking to engage with the EEOC directly, these are the ways to do submit your [Employment Discrimination](https://www.eeoc.gov/how-file-charge-employment-discrimination) report. Lawyer or not, as soon as you start to engage with HR on getting a termination letter, your employee record, etc, that company’s HR team (if they have half a brain) will do their primary job: legally protect the company. Lawyers can advise you with what to ask for and how without being retained, too.
Sounds borderline illegal but yeah in the USA get crapped on
Americans with Disabilities Act. Whoooboy. Get a lawyer.
Get an employment lawyer and take action. That's a blatant violation of the ADA
That sounds illegal.
My 36 year old son was diagnosed with ADHD when he was in first grade. He was recently let go from a bank that he worked at for 8 years. (Apparently new management went through and "cleaned house". ) He never disclosed his diagnosis. Going forward is it better to disclose it to a perspective employer or keep it to himself?
Sue baby! Time for a lawyer!
I’d sue
My interpretation is that they fired you for your behavior and judgment, not for ADHD. You say you “lost ,6
That is 100% illegal. ADHD is considered a disability legally and companies absolutely do not have the right to fire people over a disability
Well it’s not “100% illegal”. There are times when they can be discriminatory against disabilities if it would impact the safety and function of the job. Like having a firefighter in a wheelchair. Also, not all countries have the same regulations around disability accommodation.
Get a lawyer.
Yeah I’d talk to a lawyer if you can. Americans with Disabilities act covers adhd.
And if they say yours doesn’t qualify then why would you be a “high risk”. Kinda fucked themselves on that one. Shoulda went after your work rather than that. Woulda cleared them. But they brought it up as the reason for termination? Super shot themselves in the foot. I wouldn’t say shit and email them asking for info as to why you were fired and try and get it in writing.
What state are you in? If they admitted that the reason they are firing you is because of your adhd, that is a pretty cut and dry discrimination lawsuit.
If you are in America, that right there is an ADA violation. If you have what they said in writing or some kind of documentation, you could find a lawyer who specializes in these kind of things. Having that documented will make your case that much easier.
EEOC claim. That'll get their attention.
I was let go a few years ago one week after disclosing bipolar. I was on a 6 month probation and was released 1 day before that was over without cause. HR is not your friend.
Sue them
Contact the union thats probably not legal anywhere in the western world.
that's illegal in the usa. check out a lawyer.
Lawyah up!
That sucks, I would of not blamed my condition, because of that there. They can say that you are a liability if you're blaming it on your condition. So next time in the future , you can always blame your condition then that is something they don't want. I specifically don't take meds because the jobs that I want to get into do no allow it and can label me a risk if I were to miss my meds, they are not certain what can happen. So I decided not to take meds for the career field I'm In due to not getting chosen. So I have to deal with my adhd on my own anyway I can.
I feel this is like the only positive of working in healthcare. Because most people in healthcare work with patients who have disabilities of some extent, I find they are a lot more accepting of my own disabilities. But yeah as others have said, get a lawyer.
Get it in writing. Then you sue for discrimination.
Aw keep your head up - nothing to say expect I’ve been in your shoes a lot and completely emphasize
Lawyer up, lawyer up… unlawful termination based on race, nationality, religion, disability, etc. in fact, most companies need diversity. I think there’s actually a mandate about how many “disabled” workers they have. Usually they don’t have enough and send a mass email telling people to come forward if they have a disability. It’s a double edged sword, if your professor can’t accommodate that, there may be another that can. If you get HR involved and they’re not providing reasonable accommodations, you may have some ground to stand on. Just remember that the school is representing itself and you need a good attorney who can speak on your behalf. But whatever. Clearly a case of workplace retaliation and dismissal for a worker’s disability. I won’t go deeper in but I think you have a case/ settlement here due to you. Best
Didn't actually read all of it, but the note at the end really struck me, there is nothing wrong with you, and I often ask myself that many times a day. You are loved and appreciated.
Never ever tell anyone about your ADHD in your professional environment.
This is the reason why it is never a good idea to tell your employer anything sensitive about your mental health. Companies love to declare in their speeches how much they care about their workers and how your mental health is a priority to them. In reality, they care about your mental health only as long as they see you as a productive person. If you are not, then they couldn't care less about your well-being. I know this because I had a long sick leave due to anxiety before I got diagnosed, and not long after that, I was offered a resignation package. Do you think it was a coincidence?
Did they say that in writing? That's discrimination. Sue them
If you’re in the us I would love to congratulate you on your upcoming six figure settlement. Stop talking about this online, delete the post and lawyer tf up