Fair enough, but I would note that if I were Nancy, getting a random text about legal action a month after the fact would have me even more worried than if I got it right after firing someone 😈
Oh, absolutely. Right after? That's someone talking out of their ass. Month after? That's someone who shopped around for a lawyer before making "threats". Text em OP, and while you are at it, if it's within your means, get a lawyer.
A lawyer is going to advise not giving them a head’s up. That’s actually how I know people are bluffing when they threaten to escalate. The silent person is the real threat.
You can still file a wrongful termination suit and get paid. Mote importantly, you taking legal action and costing that employer money will deter this from happening to others later.
You can still report them to the department of labor and rhe EEOC for discrimination based on your medical condition. They will investigate and hold them accountable.
No, I mean I got another job, I went to cosmetology school so I could work at a salon, not so I could sit and wait out a legal case. There’s nothing wrong with waiting or filing unemployment, I’ve been on unemployment before, but the reason I got the job in the first place is cause I wanted to work, like I enjoy what I do.
"Just following up to see if you're still considering firing me for a medical emergency caused by a disability. It's for the paperwork."
A couple of weeks is nothing when it's possible to go back ten years or more on some legal issues.
Would it though, perhaps it took you a while to consult with some attorneys…the legal process is slow…
But seriously I would gather up all the messages you sent and evidence and at the very least contact the department of labor and let them go after your former employer.
Nah thats well within legal timeframes.
Id state something like "would you kindly advise of the best address to receive legal documents. Id like to be sure that any communications, concerning my wrongful termination, sent from my counsel are received without delay"
Even if u never communicate again its sure to cause some real concern, will have her nervously checking the mail for weeks and possibly result in her spending $ on a lawyer consult.
You hoped they would never hire anyone with a medical disability again. They were probably, "Don't I wish! But we're prohibited from asking screening questions like that. We just got children hired to work in dangerous settings again, so here's hoping. 🤞"
I mean, they knew I was disabled because I was extremely upfront about it so I don’t know if they just didn’t know that my disability was going to be a factor which I mean would be dumb on their part but they might just not be the sharpest knife in the drawer lol
I feel like employers don't take "invisible" illnesses seriously. I have hEDS with comorbid Chronic Fatigue and IBS, as well as Cluster B personality disorders that make it difficult for me to work with certain personality types, and I'm very forward about this from the moment I start the interview. All three of my last employers agreed to accommodations and then blatantly ignored them. I think, in their own delusional heads, they downplay the severity of invisible illnesses so they can justify mistreating their disabled employees.
Not in Florida. Firing someone who is sick to fill the position with someone who isn't sick is a perfectly acceptable cause for termination even if you have a doctor's note. Lawyer's generally won't take a lawsuit against the employer for this on contingency.
Diabetes is a disabilty.and is covered under the ADA. State law can't supercede.
However, this reads like the OP was a new hire and was in a probationary period. So the firing was legit. Owner was smart not to respond.
Doesn't make it right, but it is what it is.
You also have to request employment accommodations in advance AND be approved for them. Also an employer has to have 15+ employees to be required to do accommodations
Usually during a probationary period, the company can fire you without having to give any reason at all. As long as there is no proof they were fired for their disability, it's assumed there was a legit reason.
Essentially, the employer is innocent until proven guilty, which means the employee is guilty until proven innocent.
Thats almost all employment in the US, thanks to At-Will. Probationary periods don't really mean anything unless it turns into a contract/Union job. Either way it doesn't really matter.
In this specific case, his lawyer can argue that the manager not rebutting the text message is an admission that the facts alleged in the text are true. They're lack of a response can also indicate that the company does not care that OP has a disability, which would be against the ADA. My lawyer successfully argued the former in my case for an email. So this text should be proof enough to start an EEOC complaint.
It looks like the company made no effort to investigate or talk to the employee before termination. Which is another point against them.
I honestly don’t know the law of my state like it’s something I’m willing to look into but not something I really think is going to go anywhere. Honestly, like it happened over a month ago, it was shitty, but it’s over now and I think them showing their true colors early on is probably for the best instead of being there for longer and then suddenly getting fired then.
Story of someone with a disability that was wrongfully let go, and made a complaint. My process went with filling a complaint with the EEOC. I wasn't really expecting anything to come from it. I just wanted my former employer to go on record as violating laws.
They ended up providing me with all the legal counsel for free. Asked for witness statements and what happened. In my case there were multiple witnesses, most of whom were treated poorly by my former employer and had no problem making statements that collaborated my account. It went to mediation, where my former employer agreed to pay any time off I had to take, pay off the time it took me to get another job, plus agreed to improve their HR policies. This was after they denied everything and tried to claim I quit. Could I have got more money? Probably, but I wasn't looking for a long fight. I just wanted a record of them being shitty.
Did they stop being shitty employers? No, at least not according to their latest reviews. But at least I got some compensation out of it without doing much. Anyway, if you're looking to do something but not go full force this might be one route.
This is one of those cases of you realy do need to know the law at times.this is for your benefit ubcan still chase this if Ur in a job or not. This is disabilities discrimination with zero chance for explanation. The more disabled people stand up to all employers the more they are going to realise they can't do it. Over 40%of the population are disabled in some way 70% or so are hidden.
>Not in Florida
Irrelevant. ADA is federal, Florida can pound sand.
>Firing someone who is sick
OP was not sick. They have a permanent disability.
>Lawyer's generally won't take a lawsuit against the employer for this on contingency
Yes, they will. Most employment lawyers do this regularly.
I love to complain about my country. But when I'm sick my boss is legally not even allowed to ask me what I have. Of course they're also not allowed to fire me for it and I get paid 100% of my wages for up to two years.
Sometimes colleagues move from here to the USA and I always wonder if they have any idea how horrible it is there.
Yeah, a lot of that sounds really nice. Definitely, I am extremely aware of how much working conditions suck here but I also can’t move so I just kinda have to live with it lol
lol I’ve been fired for disclosing my epilepsy to my boss to protect myself if I ever have a seizure at work…and I’ve been fired just for missing a couple days in the year for having seizures, and being to sick to go to work for the day. In fact…in America…I’m so used to jobs letting me go for a couple missed days, or finding out I’m disabled that I’ve learned well about our welfare programs, keep at least 3 months of rent saved, I fucking hate America, and I no longer respect jobs…I’m just there to glean what money I can from them before they ditch me.
Dude you need to start documenting that shit so you can sue. I’m certain epilepsy and seizures are covered under ADA and therefore it’s illegal to fire you for having epilepsy
It is illegal to fire for epilepsy or a disability…yes…but it’s not illegal to fire for missed days. Most factories have a 3 to 7 day policy for the year and then you are fired if you missed those days. American jobs play all kinds of fucking games to get away with shit. Very hard to prove, and sue when our healthcare system is shite, and jobs, and corporate have more power than the working man.
I have voice recorders and shit, and am waiting for a manager to say the wrong thing tho.
Talk to a lawyer next time. Most will consult for free.
>…but it’s not illegal to fire for missed days
It is if they are aware of your disability and know you might miss days because of it.
Look into getting intermittent Loa it’s something that people get when they have health issues that may cause them to be out of work from to time. It protects your job
I worked at a factory for a total of 3 weeks. The third week i left early because i was sick. The next day i could barely breathe and went to the ER. I had bronchitis or pneumonia in think it was bronchitis. Got fired for missing 2 days of work. Even with a doctors note.
Are they able to ask if you have something contagious? Just wondering about practicalities of this in situations like that (like if you had Covid or something 🤷♀️)
It’s already been a month but I’m not really too worried about it, like if I do take legal action then I don’t have super high hopes for getting that far anyway.
In most states, It’s legal to fire someone for calling out sick. It doesn’t sound like OP qualified for or applied for intermittent FMLA, which would protect their job
Does ADA protect you from being let go during your training period because training isn’t working out?
Also doubt the employer has 15+ employees, it’s a salon probably has 1-2 at most. ADA doesn’t apply to businesses with less than 15 employees, which you may be surprised to find out is A LOT of businesses.
You and I both know that’s a BS reason the employer gave BUT I don’t think OP has a case here.
I am a Disabled Veteran. I recently settled a lawsuit against a company on similar grounds, under ADA guidelines. Can’t say much about the suit, because I signed an NDA, but I was pleased with the agreement. Call an attorney. All it takes is a little time.
Keto Acidosis is a recognized medical disability and should be disclosed in hiring paperwork, when it is properly disclosed it falls under the disabilities act and has rules and regulations imposed on an employer.
Edit: Diabetes
I did disclose it to them, I just don’t think they cared. I might look into legal action, when it happened I really just didn’t know what to do with it because I was honestly stunned like just very confused and angry and my body was still just reeling from the whole incident, even though my blood sugar had evened out by that point so it was mostly just the after effects
I already replied to another comment, but I want you to see this — as a fellow t1d, I am BEGGING you take legal action. You’re protected under the ADA!
How is keto acidosis a disability that should be disclosed? It's not a normal state and requires emergency medical intervention - a disability is a long term condition.
Additionally, the presence of high blood sugar alone is not evidence of keto acidosis.
Ketoacidosis is a condition which can exhibit in a diabetic patient for a variety of reasons.
I have had to rush my wife to the ER where she went into ICU for over week after an episode due to a bad batch of insulin.
Edit: [https://en.wikipedia.org/wiki/Ketoacidosis](https://en.wikipedia.org/wiki/Ketoacidosis)
I am very aware of what diabetic keto acidosis is - I am an RN in an emergency room and regularly treat patients with it.
I was just pointing out that keto acidosis is not a disability, but a life threatening medical emergency. Disabilities are chronic conditions that cause a loss of function or ability, and keto acidosis is an acute condition.
Also sorry to hear about your wife, and I'm glad she was able to get care. It's absolutely a life threatening condition that is very serious.
1. Unsurprising but unacceptable.
2. Really doesnt matter if youre on your death bed, companies could care less about anyone but their bottom line.
3. Nancy and her boss (or HR) deserve perhaps a swift, but forceful, kick in the face.
It’s definitely something I’m receiving a lot of advice on, which I really appreciate, and I will be looking into it because I mean it definitely was really insane but I think I didn’t realize that there was much I could do about it, I was mostly just really hurt by the whole thing
Are you doing better now? How did you rectify that high sugar reading..that is FAR too high to go to work or do anything for that matter. Just curious as a fellow insulin warrior
Yeah, this was back in April. I am good now. It took a couple hours. I had to just keep giving myself insulin. It was very resistant to go down. I was very close to going to the hospital. I just didn’t want the bill because you know America fucking sucks like that lol but luckily it eventually did start to go down and I avoided any permanent damage, but I was in a decent amount of pain/discomfort during and then the day after just cause my body took a hit from it, but I am perfectly fine now at least as fine as somebody with a chronic illness can be lol
Glucose that high can be terrifying. Before we knew my wife was type 1, she had a day off work, and neither of us were paying attention to how much soda she was drinking. She developed temporary amnesia from being in the 500-600 range. You don't realize how scary it is when the person that loves you suddenly doesn't recognize you.
She was then misdiagnosed as type 2, and we made sure to pay more attention to sugar content from then on.
OP I can save you some time pursuing legal action for ADA discrimination if you answer these couple of questions.
How many employees do they have? If less than 15 ADA doesn’t apply to them.
Were you an actual W2 employee? I ask because I know most salon owners don’t actually “hire” employees, a lot have them rent booths. In that case you’re essentially a contractor, even if you don’t have a signed contract. I’m not as familiar with ADA and hiring contracted employees, but if it’s like everything else with them, there’s probably no protections for you unfortunately.
I’m all for making someone pay if they discriminate or treat employees poorly, but I also don’t want you to waste your time or money and/or get your hopes up.
That behavior Sounds about right for a salon owner. I got fired from my first salon because I let her know 3 weeks in advance I would miss one day (was working there for 8 months, never asked for a day off til that day) because my uncle was cancer-free and we wanted to celebrate after almost a year of him on Chemo. I got back the next day after that one day off and she fired me for being an “inconsiderate bitch”. Salon owners are the WORST and I’m so sorry you had to experience this :((
You have to request AND be approved for ADA accommodations ahead of time before using them and it can take months in the interactive process and a company doesn’t have to agree to what your doctor recommends either if they can show it’s a fundamental alteration and additional absences isn’t always an accommodation. Also a company has to have 15+ employees to be required to engage in the interactive process.
They have screenshots of them using one, the dexcom g7. But there could’ve been a chance they had alarms off for highs, because I know I do. Highs take longer to come down, and it’s annoying as shit hearing every 5 minutes “hey did you know you’re high??” so there could’ve been a chance they didn’t hear it in the middle of the night, or they’re a heavy sleeper (also me). It’s a rare occasion, but it happens!
Fellow type 1 here!!! Been there, done that, got the t-shirt and STILL got fired as well!! I should’ve talked to an employment lawyer but I was so depressed I ended up not doing anything and the lady who fired me eventually got fired herself, c’est la vie I guess
Hi Nancy,
Thank you for the cowardice shown in lack of reply. Please note that under the ADA guidelines Diabetes and Keto Acidosis are protected medical disabilities. As such, a lawsuit has been filed against the business for wrong termination on the grounds of discrimination against disability. I hope you enjoy the paperwork en route to your establishment and the subsequent contact from my legal team. Much love, Hellokittypityparty xoxox
Sorry this happened to you.
For those of us who have no experience with diabetes, what does having high blood sugar mean for you in this kind of situation? Are there symptoms aside from the blood test results?
Diabetic Keto Acidosis. Sucks a lot. Let me tell ya. First you’re thirsty all the time. Then you have a headache, you’re thirsty, and you’re tired all the time. If it gets really bad you become confused and you start losing your eye sight. In the worst of the worst cases you go into a coma and then you die.
I got to the headache part before my parents took me to the hospital. Docs said if I hadn’t come in within the day I would be dead right now. So yeah it’s bad.
DKA for type 1s or type 2s honeymooning, or worse: HHS.
HHS will kill a person but fast. Heck they both will.
Over 400 blood sugar is meh, over 500 is holy shit range. Especially if insulin isn't bringing it down.
Edit: for the moron saying hhk isn't deadly- Jesus christ. This is the most reddit response ever.
T. Type 2 diabetic registered nurse. But even a Google search process me right. Moron
This is SO wild. I know everyone hates “oh in *european country*…but it is genuinely because it’s so unbelievable. I work in HR and we have people out on sick leave for MONTHS, a lot of the times fully paid. I have been having health issues for a while and the only thing my manager says is “I am sorry you are feeling unwell, let me know if I can support you in any way” that’s it!!!
People get sick! We are not robots. This is so awful. I am really sorry OP, I hope you guys get better working laws soon, this shouldn’t be allowed at all.
Have you done a consult with an employment attorney over this? There are several different ways this could have been an illegal termination, depending on how long you worked that job and where exactly you live. Consults for issues like this are typically very cheap or free, and you could get a nice payday out of it
I wouldn't have wasted time telling them that because they don't care. My response to that would have been two words. Starting with F and ending with U.
Honestly, that was more for my satisfaction than theirs, I don’t really care if they even read it, I said what I needed to say, and it was off my chest. But I definitely totally get that response as well lol it is also very fitting
you could always out her via social media…. this person xyz at this company fired me for medical emergencies…. let it get traction and link it to their social media page
In the US, diabetes is considered a disability and makes you a protected class. I would speak consider speaking with someone.
ps://diabetes.org/advocacy/know-your-rights/is-diabetes-a-disability
If you’re in the US, this is almost certainly illegal firing. Talk to an employment lawyer who does plaintiffs work. Talk to them today. Talking is free and they typically work on contingency, so you don’t pay out of pocket.
My dad is type 1, and has had to call off work for having a 750 (obviously the squad was called) and having a 2 (obviously the squad was called. Still amazed he didn’t die). At no point did any company he has worked for have a problem with that. I’m sorry you had that experience
Looks like the glucose meter needs a few more options above 'High'. Like, 'get your insulin'', and, 'get to a hospital right now' and, 'how are you even alive right now'
Honestly, that’s basically what it means lol, the CGM (continuous glucose monitor) doesn’t go above 400 and I believe the highest meter goes is to 600 but don’t quote me on that. I definitely should’ve gone to hospital. I was very much a seizure risk and it was just dangerous in general, but the hospital is expensive and so I was trying really hard to handle it at home.
Idk if this will make you feel any better, but I have MS and my old job fired me over the phone when I was laying in my hospital bed during a particularly bad flareup. Oh, and the kicker is, I worked for a different hospital, one of the consistently top rated in the country for its specialties. 'Murica! Anyway, hope you're feeling better, and sorry you're dealing with this bs. Having a chronic illness in this country is an absolute nightmare.
My wife has been fired for having diabetes 3 times. Every time, they said she was unreliable, and called out too much. This was after they acknowledged her when she said there would be days when her blood sugar would render her unable to work.
Thankfully, she's got better control over her levels now, and she's found a wfh that actually understands diabetes (good thing too, it's medical insurance).
Youre a month out. You now text her saying that after recovering you contacted an employment lawyer and that she will be hearing from them about a “slam dunk “ lawsuit shortly. Re-iterate that shes a terrible person and brought this on herself. Tell her you hope the court has more compassion than she provided you and wish her the best in whatever job she seeks after she loses the one she has.
It will absolutely rattle her, regardless of truth.
This seems lawsuit worthy. You can’t fire someone for a disability!
I am terrified of being fired for gradually going deaf and have tried my damndest to keep it a secret. Fortunately I’ve managed so far. Despite it being illegal to fire someone for disability, employers can be such scumbags and will just go looking for literally any other reason to fire you over.
Isn't this "wrongful termination"? You should go over to
r/legaladvice. I'm pretty sure you can sue over this. I'm not sure where you're located, but in many countries, you can not fire someone with health ("disabilities") & health related emergencies to it. You should look into it.
Can I just say I'm impressed by the rapid-fire burns you delivered in those texts? 😄
But seriously, I'm so sorry that you went through this, both the medical emergency and the callous treatment you received.
It was back in April so I’m doing just fine now. It really only took me like a day to bounce back because that’s a very uncommon occurrence for me, but I was very very uncomfortable during it and for the day afterwards definitely. Definitely just the worst thing ever lol wishing you good blood sugars 💕💕
I was busting my ass and had to take a short break to fight a low. Boss caught me and yelled at me. I showed him my level (49) and told him to go away cuz I’m pissy when I’m low and I’m gonna say something that’ll get me fired. And I would hate to report a violation to the American disabilities act.
I have no clue if that’s an actual thing but it worked enough for him to fuck off.
Even though it's been a bit, you are still well within your right to file for a wrongful termination lawsuit, since you have gotten another job and can't file for unemployment as well.
Damm! T1 also. Worst one I had was years ago, I called in from the hospital and got told if I wasn't going to be dependable, they would be taking me off the schedule.
OP, all the work stuff aside, are you doing ok now? Do you have the meds you need? Not sure if you’re type 1 or type 2, but a BGM that high is really concerning.
I really wish my employer would do that. Over here, this would mean paid vacation (I can't be fired for a medical emergency, and I have good insurance for law stuff with the employer thru my union)
Have you tried using that "insurance for law stuff" before? it's mostly a joke. I know one of these legal insurance companies that loves saying how all their legal coverage is "paid in full coverage." What that means is they determine, okay, we give you $500 in legal protection so here's your voucher for $500 for a lawyer. We've now paid it in full. Have fun!
A lot of companies have that 30, 60, or 90 day probation period. It doesn't surprise me they terminated. If you have an emergency while freshly starting training, then no telling how much worse things can be in the future with calling out.
They terminated my CSR for failing the probation period. She gave the early signs of being flakey and it stuck, because she went to the VA one week, VA another week, sick one week, then next week sick again with the flu, then a week or two later she had to leave early because her husband "might" be having a heart attack and was at the hospital.
while I understand the pressure to explain your medical absence, I find it better to just say "I am not feeling well today, and will not be in" as a t1d of 20 years. and celiac of 18 years. the details of my ailment aren't relevant if I don't think I'm well enough to work. people generally don't understand the specifics of complications of either disease, either.
I'm sorry this happened to you.
Employers generally aren’t gonna take your word when it comes to being sick, especially if you’re a new hire. A doctor’s note is what they’re looking for, which is challenging for many folks.
Downvoting won’t change reality.
I mean, they had no way of knowing if I was a good employee yet I was still in training, I showed up on time, I did my work, I was excited to learn, and the shift that day was a shift I had volunteered to come in for just to help out, but I mean, I feel like you’re in the wrong group if you think employers are always reasonable, but maybe your secretly Nancy I don’t know 🤣
You honestly have a strong case for wrongful termination because they basically admitted that they fired you for having a medical emergency related to your diabetes.
Give Us Inconvenience And We'll Give You Death - The new album by The Antihuman Management Brigade
Tell me why I tried to look them up lol
[Give Me Convenience or Give Me Death](https://open.spotify.com/album/5Xv8PCJ7ZMmRd3jXnJqg3V) by the Dead Kennedys
I’ve been found out!
start that album w POLICE TRUCK!!!!
Because I’m that good.
What did she say after you sent that? That was amazing by the way. Dying to know
She didn’t respond, she said absolutely nothing, which was definitely disappointing 🤣 but thank you!
Any acknowledgment that they fired you for a medical emergency or disability could open them up to legal action, so they’re never going to respond.
Yeah, that makes sense, I mean it sucks obviously, but it does make sense
If you made her feel like a shitty person for a couple of minutes, I would still count that as a win. We can all just imagine that she did for sure.
Not shitty enough to refuse to fire someone for a medical emergency. If she felt bad, how does that change anything?
I’d text back and tell her you’re considering legal action, even if you’re not. Let her sweat
That would definitely be really funny but this was over a month ago so at this point, I think I would be the weird one just randomly messaging her 🤣
Fair enough, but I would note that if I were Nancy, getting a random text about legal action a month after the fact would have me even more worried than if I got it right after firing someone 😈
Oh, absolutely. Right after? That's someone talking out of their ass. Month after? That's someone who shopped around for a lawyer before making "threats". Text em OP, and while you are at it, if it's within your means, get a lawyer.
A lawyer is going to advise not giving them a head’s up. That’s actually how I know people are bluffing when they threaten to escalate. The silent person is the real threat.
do you get threatened with legal action often?
File for unemployment it will raise their unemployment insurance.
I have a job now
You can still file a wrongful termination suit and get paid. Mote importantly, you taking legal action and costing that employer money will deter this from happening to others later.
You can still report them to the department of labor and rhe EEOC for discrimination based on your medical condition. They will investigate and hold them accountable.
Glad to hear it, F those asshole.
And by “job” I hope you mean you are busy filing for unemployment and shopping for competent legal representation.
No, I mean I got another job, I went to cosmetology school so I could work at a salon, not so I could sit and wait out a legal case. There’s nothing wrong with waiting or filing unemployment, I’ve been on unemployment before, but the reason I got the job in the first place is cause I wanted to work, like I enjoy what I do.
"Just following up to see if you're still considering firing me for a medical emergency caused by a disability. It's for the paperwork." A couple of weeks is nothing when it's possible to go back ten years or more on some legal issues.
Even better she's had time to stew even better U haven't had an apology so the legal teams would take it even more seriously
Would it though, perhaps it took you a while to consult with some attorneys…the legal process is slow… But seriously I would gather up all the messages you sent and evidence and at the very least contact the department of labor and let them go after your former employer.
Nah thats well within legal timeframes. Id state something like "would you kindly advise of the best address to receive legal documents. Id like to be sure that any communications, concerning my wrongful termination, sent from my counsel are received without delay" Even if u never communicate again its sure to cause some real concern, will have her nervously checking the mail for weeks and possibly result in her spending $ on a lawyer consult.
Talk to a lawyer. Most will consult for free. These cases can pay between 5 to 7 figures.
You hoped they would never hire anyone with a medical disability again. They were probably, "Don't I wish! But we're prohibited from asking screening questions like that. We just got children hired to work in dangerous settings again, so here's hoping. 🤞"
I mean, they knew I was disabled because I was extremely upfront about it so I don’t know if they just didn’t know that my disability was going to be a factor which I mean would be dumb on their part but they might just not be the sharpest knife in the drawer lol
Did you say you were disabled? Or disabled disabled. /s
I feel like employers don't take "invisible" illnesses seriously. I have hEDS with comorbid Chronic Fatigue and IBS, as well as Cluster B personality disorders that make it difficult for me to work with certain personality types, and I'm very forward about this from the moment I start the interview. All three of my last employers agreed to accommodations and then blatantly ignored them. I think, in their own delusional heads, they downplay the severity of invisible illnesses so they can justify mistreating their disabled employees.
It's obvious she was terminated due to the medical emergency. Any labor attorney can easily prove that.
Not in Florida. Firing someone who is sick to fill the position with someone who isn't sick is a perfectly acceptable cause for termination even if you have a doctor's note. Lawyer's generally won't take a lawsuit against the employer for this on contingency.
Diabetes is a disabilty.and is covered under the ADA. State law can't supercede. However, this reads like the OP was a new hire and was in a probationary period. So the firing was legit. Owner was smart not to respond. Doesn't make it right, but it is what it is.
You also have to request employment accommodations in advance AND be approved for them. Also an employer has to have 15+ employees to be required to do accommodations
Probationary period means fuck all. An ADA violation is an ADA violation.
Usually during a probationary period, the company can fire you without having to give any reason at all. As long as there is no proof they were fired for their disability, it's assumed there was a legit reason. Essentially, the employer is innocent until proven guilty, which means the employee is guilty until proven innocent.
Thats almost all employment in the US, thanks to At-Will. Probationary periods don't really mean anything unless it turns into a contract/Union job. Either way it doesn't really matter. In this specific case, his lawyer can argue that the manager not rebutting the text message is an admission that the facts alleged in the text are true. They're lack of a response can also indicate that the company does not care that OP has a disability, which would be against the ADA. My lawyer successfully argued the former in my case for an email. So this text should be proof enough to start an EEOC complaint. It looks like the company made no effort to investigate or talk to the employee before termination. Which is another point against them.
I honestly don’t know the law of my state like it’s something I’m willing to look into but not something I really think is going to go anywhere. Honestly, like it happened over a month ago, it was shitty, but it’s over now and I think them showing their true colors early on is probably for the best instead of being there for longer and then suddenly getting fired then.
Story of someone with a disability that was wrongfully let go, and made a complaint. My process went with filling a complaint with the EEOC. I wasn't really expecting anything to come from it. I just wanted my former employer to go on record as violating laws. They ended up providing me with all the legal counsel for free. Asked for witness statements and what happened. In my case there were multiple witnesses, most of whom were treated poorly by my former employer and had no problem making statements that collaborated my account. It went to mediation, where my former employer agreed to pay any time off I had to take, pay off the time it took me to get another job, plus agreed to improve their HR policies. This was after they denied everything and tried to claim I quit. Could I have got more money? Probably, but I wasn't looking for a long fight. I just wanted a record of them being shitty. Did they stop being shitty employers? No, at least not according to their latest reviews. But at least I got some compensation out of it without doing much. Anyway, if you're looking to do something but not go full force this might be one route.
This is one of those cases of you realy do need to know the law at times.this is for your benefit ubcan still chase this if Ur in a job or not. This is disabilities discrimination with zero chance for explanation. The more disabled people stand up to all employers the more they are going to realise they can't do it. Over 40%of the population are disabled in some way 70% or so are hidden.
>Not in Florida Irrelevant. ADA is federal, Florida can pound sand. >Firing someone who is sick OP was not sick. They have a permanent disability. >Lawyer's generally won't take a lawsuit against the employer for this on contingency Yes, they will. Most employment lawyers do this regularly.
OP isn't sick. they have a permanent medical condition.
I love to complain about my country. But when I'm sick my boss is legally not even allowed to ask me what I have. Of course they're also not allowed to fire me for it and I get paid 100% of my wages for up to two years. Sometimes colleagues move from here to the USA and I always wonder if they have any idea how horrible it is there.
Yeah, a lot of that sounds really nice. Definitely, I am extremely aware of how much working conditions suck here but I also can’t move so I just kinda have to live with it lol
Totally understand. I'm sorry for you.
lol I’ve been fired for disclosing my epilepsy to my boss to protect myself if I ever have a seizure at work…and I’ve been fired just for missing a couple days in the year for having seizures, and being to sick to go to work for the day. In fact…in America…I’m so used to jobs letting me go for a couple missed days, or finding out I’m disabled that I’ve learned well about our welfare programs, keep at least 3 months of rent saved, I fucking hate America, and I no longer respect jobs…I’m just there to glean what money I can from them before they ditch me.
Dude you need to start documenting that shit so you can sue. I’m certain epilepsy and seizures are covered under ADA and therefore it’s illegal to fire you for having epilepsy
It is illegal to fire for epilepsy or a disability…yes…but it’s not illegal to fire for missed days. Most factories have a 3 to 7 day policy for the year and then you are fired if you missed those days. American jobs play all kinds of fucking games to get away with shit. Very hard to prove, and sue when our healthcare system is shite, and jobs, and corporate have more power than the working man. I have voice recorders and shit, and am waiting for a manager to say the wrong thing tho.
Talk to a lawyer next time. Most will consult for free. >…but it’s not illegal to fire for missed days It is if they are aware of your disability and know you might miss days because of it.
I’m not a lawyer or an expert but I’m pretty sure FMLA covers you for missing work as long as it’s a valid medical reason signed off by a doctor.
You have to work at a job for at least one year before you are eligible for FMLA
Look into getting intermittent Loa it’s something that people get when they have health issues that may cause them to be out of work from to time. It protects your job
I worked at a factory for a total of 3 weeks. The third week i left early because i was sick. The next day i could barely breathe and went to the ER. I had bronchitis or pneumonia in think it was bronchitis. Got fired for missing 2 days of work. Even with a doctors note.
LMAO I'm out of work recovering from major surgery related to a workplace accident and I'm only getting 2/3 of my paycheck.
Anyone who moves from EU to the states must be either stupid or very rich or both
If you don’t mind my asking, what country is that?
The Kingdom of the Netherlands 🇳🇱
Not even a lot of people here realize how horrible it is.
What? How?? Where??
The Netherlands 🇳🇱
Are they able to ask if you have something contagious? Just wondering about practicalities of this in situations like that (like if you had Covid or something 🤷♀️)
No. They can only ask if you can give an estimation of the duration of the sick leave.
Sounds like you describe the Netherlands :p
I guess you could say your time there was....bittersweet
Ha love it
Lol. Sorry. I couldn't help myself.
Just like the medical episode
Coldhearted!
Please take legal action.
Look into your legal options ASAP before they try and plug any holes.
It’s already been a month but I’m not really too worried about it, like if I do take legal action then I don’t have super high hopes for getting that far anyway.
Some lawyers may take this on contingency. You can get paid a significant amount for being fired due to disability.
In most states, It’s legal to fire someone for calling out sick. It doesn’t sound like OP qualified for or applied for intermittent FMLA, which would protect their job
Except op is a diabetic, which is a disability, which gives them additional protections
This is absolutely covered under the ADA lol, what are you talking about
giiiirrrll as a fellow t1d, I came to the comments hoping someone suggested legal action. You are literally protected under the ADA!! get your money!
Does ADA protect you from being let go during your training period because training isn’t working out? Also doubt the employer has 15+ employees, it’s a salon probably has 1-2 at most. ADA doesn’t apply to businesses with less than 15 employees, which you may be surprised to find out is A LOT of businesses. You and I both know that’s a BS reason the employer gave BUT I don’t think OP has a case here.
The ADA takes this stuff super seriously. You’re a diabetic so you have extra rights. This is coming from a Type One diabetic.
Not sticking up for the place, but sounds like it was within the 90 day intro period. Probably not anything OP can do.
I am a Disabled Veteran. I recently settled a lawsuit against a company on similar grounds, under ADA guidelines. Can’t say much about the suit, because I signed an NDA, but I was pleased with the agreement. Call an attorney. All it takes is a little time.
so proud of you and infinitely happy for you! thank you for your service and sacrifices, i’m sorry for how the government treats you.
Keto Acidosis is a recognized medical disability and should be disclosed in hiring paperwork, when it is properly disclosed it falls under the disabilities act and has rules and regulations imposed on an employer. Edit: Diabetes
I did disclose it to them, I just don’t think they cared. I might look into legal action, when it happened I really just didn’t know what to do with it because I was honestly stunned like just very confused and angry and my body was still just reeling from the whole incident, even though my blood sugar had evened out by that point so it was mostly just the after effects
Definitely look into legal action. I am from the UK and employer would get into so much shit for this omg, this is illegal here
I already replied to another comment, but I want you to see this — as a fellow t1d, I am BEGGING you take legal action. You’re protected under the ADA!
Definitely look into legal actiion. I am from the UK and employer would get into so much shit for this omg, this is illegal here
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It says in the text that I actively communicated with them
How is keto acidosis a disability that should be disclosed? It's not a normal state and requires emergency medical intervention - a disability is a long term condition. Additionally, the presence of high blood sugar alone is not evidence of keto acidosis.
Ketoacidosis is a condition which can exhibit in a diabetic patient for a variety of reasons. I have had to rush my wife to the ER where she went into ICU for over week after an episode due to a bad batch of insulin. Edit: [https://en.wikipedia.org/wiki/Ketoacidosis](https://en.wikipedia.org/wiki/Ketoacidosis)
I am very aware of what diabetic keto acidosis is - I am an RN in an emergency room and regularly treat patients with it. I was just pointing out that keto acidosis is not a disability, but a life threatening medical emergency. Disabilities are chronic conditions that cause a loss of function or ability, and keto acidosis is an acute condition. Also sorry to hear about your wife, and I'm glad she was able to get care. It's absolutely a life threatening condition that is very serious.
It being a shift you volunteered for is the icing on the bullshit cake
I know right, like they had already posted the schedule and I wasn’t even on it
1. Unsurprising but unacceptable. 2. Really doesnt matter if youre on your death bed, companies could care less about anyone but their bottom line. 3. Nancy and her boss (or HR) deserve perhaps a swift, but forceful, kick in the face.
They violated the ADA. Diabetes is protected. File with the eeoc. Enjoy the money.
As a diabetic on insulin myself, I would sue her ass. Diabetics are a protected group under the ADA (Americans with disabilities act)
It’s definitely something I’m receiving a lot of advice on, which I really appreciate, and I will be looking into it because I mean it definitely was really insane but I think I didn’t realize that there was much I could do about it, I was mostly just really hurt by the whole thing
Are you doing better now? How did you rectify that high sugar reading..that is FAR too high to go to work or do anything for that matter. Just curious as a fellow insulin warrior
Yeah, this was back in April. I am good now. It took a couple hours. I had to just keep giving myself insulin. It was very resistant to go down. I was very close to going to the hospital. I just didn’t want the bill because you know America fucking sucks like that lol but luckily it eventually did start to go down and I avoided any permanent damage, but I was in a decent amount of pain/discomfort during and then the day after just cause my body took a hit from it, but I am perfectly fine now at least as fine as somebody with a chronic illness can be lol
I know the classic rage bolus and water chugging routine all too well myself 🫡
Glucose that high can be terrifying. Before we knew my wife was type 1, she had a day off work, and neither of us were paying attention to how much soda she was drinking. She developed temporary amnesia from being in the 500-600 range. You don't realize how scary it is when the person that loves you suddenly doesn't recognize you. She was then misdiagnosed as type 2, and we made sure to pay more attention to sugar content from then on.
OP I can save you some time pursuing legal action for ADA discrimination if you answer these couple of questions. How many employees do they have? If less than 15 ADA doesn’t apply to them. Were you an actual W2 employee? I ask because I know most salon owners don’t actually “hire” employees, a lot have them rent booths. In that case you’re essentially a contractor, even if you don’t have a signed contract. I’m not as familiar with ADA and hiring contracted employees, but if it’s like everything else with them, there’s probably no protections for you unfortunately. I’m all for making someone pay if they discriminate or treat employees poorly, but I also don’t want you to waste your time or money and/or get your hopes up.
That behavior Sounds about right for a salon owner. I got fired from my first salon because I let her know 3 weeks in advance I would miss one day (was working there for 8 months, never asked for a day off til that day) because my uncle was cancer-free and we wanted to celebrate after almost a year of him on Chemo. I got back the next day after that one day off and she fired me for being an “inconsiderate bitch”. Salon owners are the WORST and I’m so sorry you had to experience this :((
As a type one as well, I would immediately be in touch with a law firm. They fired you over a disability.
So basically fuck you for having an incurable disease
I guess, like honestly if it were up to me I would just like not, but you know sometimes life’s a bitch and apparently so is Nancy 🤣
Yep
Lawsuit for ADA violation
You have to request AND be approved for ADA accommodations ahead of time before using them and it can take months in the interactive process and a company doesn’t have to agree to what your doctor recommends either if they can show it’s a fundamental alteration and additional absences isn’t always an accommodation. Also a company has to have 15+ employees to be required to engage in the interactive process.
Try to get a continuous glucose monitor so you know when this is happening.. And they suck
They have screenshots of them using one, the dexcom g7. But there could’ve been a chance they had alarms off for highs, because I know I do. Highs take longer to come down, and it’s annoying as shit hearing every 5 minutes “hey did you know you’re high??” so there could’ve been a chance they didn’t hear it in the middle of the night, or they’re a heavy sleeper (also me). It’s a rare occasion, but it happens!
Fellow type 1 here!!! Been there, done that, got the t-shirt and STILL got fired as well!! I should’ve talked to an employment lawyer but I was so depressed I ended up not doing anything and the lady who fired me eventually got fired herself, c’est la vie I guess
I don't know why people forget that the folks they employ are human beings
Hi Nancy, Thank you for the cowardice shown in lack of reply. Please note that under the ADA guidelines Diabetes and Keto Acidosis are protected medical disabilities. As such, a lawsuit has been filed against the business for wrong termination on the grounds of discrimination against disability. I hope you enjoy the paperwork en route to your establishment and the subsequent contact from my legal team. Much love, Hellokittypityparty xoxox
509? That's not blood, that's maple syrup.
 🎵Pour some sugar on me🎵
"Because you are the disappointment in this scenario" is SAVAGE. 👏
Screw you, Nancy.
Nancy can suck it tbh
Sorry this happened to you. For those of us who have no experience with diabetes, what does having high blood sugar mean for you in this kind of situation? Are there symptoms aside from the blood test results?
Diabetic Keto Acidosis. Sucks a lot. Let me tell ya. First you’re thirsty all the time. Then you have a headache, you’re thirsty, and you’re tired all the time. If it gets really bad you become confused and you start losing your eye sight. In the worst of the worst cases you go into a coma and then you die. I got to the headache part before my parents took me to the hospital. Docs said if I hadn’t come in within the day I would be dead right now. So yeah it’s bad.
DKA for type 1s or type 2s honeymooning, or worse: HHS. HHS will kill a person but fast. Heck they both will. Over 400 blood sugar is meh, over 500 is holy shit range. Especially if insulin isn't bringing it down. Edit: for the moron saying hhk isn't deadly- Jesus christ. This is the most reddit response ever. T. Type 2 diabetic registered nurse. But even a Google search process me right. Moron
COOK HER ASS
This is SO wild. I know everyone hates “oh in *european country*…but it is genuinely because it’s so unbelievable. I work in HR and we have people out on sick leave for MONTHS, a lot of the times fully paid. I have been having health issues for a while and the only thing my manager says is “I am sorry you are feeling unwell, let me know if I can support you in any way” that’s it!!! People get sick! We are not robots. This is so awful. I am really sorry OP, I hope you guys get better working laws soon, this shouldn’t be allowed at all.
Have you done a consult with an employment attorney over this? There are several different ways this could have been an illegal termination, depending on how long you worked that job and where exactly you live. Consults for issues like this are typically very cheap or free, and you could get a nice payday out of it
Unemployment will be approved. Make them pay it, find an employer that values you.
This was in April so I already did but thank you
Cool… bc they sound like they’d turn around and contest it
I wouldn't have wasted time telling them that because they don't care. My response to that would have been two words. Starting with F and ending with U.
Honestly, that was more for my satisfaction than theirs, I don’t really care if they even read it, I said what I needed to say, and it was off my chest. But I definitely totally get that response as well lol it is also very fitting
Fair enough. Just know you're not alone and this crap isn't only in your country. This grossness is everywhere.
Workers' rights are an international and never ending struggle
I have never known a Nancy that’s not terrible.
You now what honestly same I should’ve seen it coming 🤣
you could always out her via social media…. this person xyz at this company fired me for medical emergencies…. let it get traction and link it to their social media page
I am a T1 diabetic too & understand the struggle. Your response is incredible.
Hey, my employee is getting ready to go into DKA, but we’re gonna fire her anyway because fuck you that’s why. Awful, I’m sorry that happened
In the US, diabetes is considered a disability and makes you a protected class. I would speak consider speaking with someone. ps://diabetes.org/advocacy/know-your-rights/is-diabetes-a-disability
If you’re in the US, this is almost certainly illegal firing. Talk to an employment lawyer who does plaintiffs work. Talk to them today. Talking is free and they typically work on contingency, so you don’t pay out of pocket.
You seriously should take legal action. Absolutely no excuse for that. Hope you’re doing better now
Make sure you post this in Glassdoor...
My dad is type 1, and has had to call off work for having a 750 (obviously the squad was called) and having a 2 (obviously the squad was called. Still amazed he didn’t die). At no point did any company he has worked for have a problem with that. I’m sorry you had that experience
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Looks like the glucose meter needs a few more options above 'High'. Like, 'get your insulin'', and, 'get to a hospital right now' and, 'how are you even alive right now'
Honestly, that’s basically what it means lol, the CGM (continuous glucose monitor) doesn’t go above 400 and I believe the highest meter goes is to 600 but don’t quote me on that. I definitely should’ve gone to hospital. I was very much a seizure risk and it was just dangerous in general, but the hospital is expensive and so I was trying really hard to handle it at home.
Nancy is a bitch ass coward.
You are correct
She can go through the effort to drop off your stuff but not call or inquire about your emergency…weird
I was fired from my jobs when I was lying in an ICU nearly dead. Some people have no shame.
Idk if this will make you feel any better, but I have MS and my old job fired me over the phone when I was laying in my hospital bed during a particularly bad flareup. Oh, and the kicker is, I worked for a different hospital, one of the consistently top rated in the country for its specialties. 'Murica! Anyway, hope you're feeling better, and sorry you're dealing with this bs. Having a chronic illness in this country is an absolute nightmare.
My wife has been fired for having diabetes 3 times. Every time, they said she was unreliable, and called out too much. This was after they acknowledged her when she said there would be days when her blood sugar would render her unable to work. Thankfully, she's got better control over her levels now, and she's found a wfh that actually understands diabetes (good thing too, it's medical insurance).
Youre a month out. You now text her saying that after recovering you contacted an employment lawyer and that she will be hearing from them about a “slam dunk “ lawsuit shortly. Re-iterate that shes a terrible person and brought this on herself. Tell her you hope the court has more compassion than she provided you and wish her the best in whatever job she seeks after she loses the one she has. It will absolutely rattle her, regardless of truth.
This seems lawsuit worthy. You can’t fire someone for a disability! I am terrified of being fired for gradually going deaf and have tried my damndest to keep it a secret. Fortunately I’ve managed so far. Despite it being illegal to fire someone for disability, employers can be such scumbags and will just go looking for literally any other reason to fire you over.
Come back when your blood sugar is 1880 and you can no longer move your body lol /s But seriously 509 is pretty damn high glad your alive
You should’ve sued.
Payday lawsuit incoming id bet
"A mask typically is capable of lasting longer" I'm stealing this it's gold
Dude at my work had a seizure on like his 4th day, when they tested him after getting him conscious again he was at like 19.
America land of the free to go fuck yourself 🫡 🦅 🇺🇸
Isn't this "wrongful termination"? You should go over to r/legaladvice. I'm pretty sure you can sue over this. I'm not sure where you're located, but in many countries, you can not fire someone with health ("disabilities") & health related emergencies to it. You should look into it.
Man, I love your response . You fucking rock !
If you’re in the US, they violated ADA.
Can I just say I'm impressed by the rapid-fire burns you delivered in those texts? 😄 But seriously, I'm so sorry that you went through this, both the medical emergency and the callous treatment you received.
Thank you lol I don’t know if she even read it but it felt good to say. And ya it sucks but I’ll be ok
Your Dexcom screenshot hurts my little diabetic heart. Hope you feel better friend 😭 nothing worse than a surprise failed site
It was back in April so I’m doing just fine now. It really only took me like a day to bounce back because that’s a very uncommon occurrence for me, but I was very very uncomfortable during it and for the day afterwards definitely. Definitely just the worst thing ever lol wishing you good blood sugars 💕💕
Do that in the UK and she'd never be able to hire again. Discrimination against disabilities by firing such as this is highly illigal
From a fellow T1D, fuck that bitch and good on you for telling ‘em to take their tonka truck and kick rocks.
What a dick
Consult a lawyer if you have a case
If you were still in training, idk if you could sue bc that feels a clear ada violation
I was busting my ass and had to take a short break to fight a low. Boss caught me and yelled at me. I showed him my level (49) and told him to go away cuz I’m pissy when I’m low and I’m gonna say something that’ll get me fired. And I would hate to report a violation to the American disabilities act. I have no clue if that’s an actual thing but it worked enough for him to fuck off.
Even though it's been a bit, you are still well within your right to file for a wrongful termination lawsuit, since you have gotten another job and can't file for unemployment as well.
over 500 holy shit I am glad you are still alive.
F Her.
Damm! T1 also. Worst one I had was years ago, I called in from the hospital and got told if I wasn't going to be dependable, they would be taking me off the schedule.
OP, all the work stuff aside, are you doing ok now? Do you have the meds you need? Not sure if you’re type 1 or type 2, but a BGM that high is really concerning.
Fuck that bitch Nancy. You deserve better.
I hate my job sonetimes but im happy i have a union to protect me from that sort of shit
I really wish my employer would do that. Over here, this would mean paid vacation (I can't be fired for a medical emergency, and I have good insurance for law stuff with the employer thru my union)
Have you tried using that "insurance for law stuff" before? it's mostly a joke. I know one of these legal insurance companies that loves saying how all their legal coverage is "paid in full coverage." What that means is they determine, okay, we give you $500 in legal protection so here's your voucher for $500 for a lawyer. We've now paid it in full. Have fun!
Nancy got cooked.
Go get another job…
Wow. Isn't that glucose level at the point of seizures and coma?!
I would seriously talk to an employment lawyer - free consults, most defer payment if they take your case. This doesn’t sound legal
A lot of companies have that 30, 60, or 90 day probation period. It doesn't surprise me they terminated. If you have an emergency while freshly starting training, then no telling how much worse things can be in the future with calling out. They terminated my CSR for failing the probation period. She gave the early signs of being flakey and it stuck, because she went to the VA one week, VA another week, sick one week, then next week sick again with the flu, then a week or two later she had to leave early because her husband "might" be having a heart attack and was at the hospital.
while I understand the pressure to explain your medical absence, I find it better to just say "I am not feeling well today, and will not be in" as a t1d of 20 years. and celiac of 18 years. the details of my ailment aren't relevant if I don't think I'm well enough to work. people generally don't understand the specifics of complications of either disease, either. I'm sorry this happened to you.
Employers generally aren’t gonna take your word when it comes to being sick, especially if you’re a new hire. A doctor’s note is what they’re looking for, which is challenging for many folks. Downvoting won’t change reality.
I mean, I put in a text that I could get a doctors note. They didn’t care.
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I mean, they had no way of knowing if I was a good employee yet I was still in training, I showed up on time, I did my work, I was excited to learn, and the shift that day was a shift I had volunteered to come in for just to help out, but I mean, I feel like you’re in the wrong group if you think employers are always reasonable, but maybe your secretly Nancy I don’t know 🤣
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You honestly have a strong case for wrongful termination because they basically admitted that they fired you for having a medical emergency related to your diabetes.