Fired for a medical reason

96 Comments

1. AnonymousAugust 18,2023 at 6:06PM UTC

   Outside of the fact that it is crappy of them to do, I don't believe it would be considered illegal of them.

2. AnonymousAugust 18,2023 at 6:15PM UTC

   I am so sorry your daughter is going through this. Why don’t you tell her not to worry about money/employment and to focus on getting better. Not sure if she still lives at home or not.

3. AnonymousAugust 18,2023 at 6:35PM UTC

   I believe your best move is to speak with the labor board to see if there might be recourse so that at least your daughter might qualify for unemployment.

4. Balanced372207August 21,2023 at 8:26PM UTC

   What is the labor board that I hear people speak of? I live in PA and no one here knows what it is

5. AnonymousAugust 21,2023 at 9:11PM UTC

   Every state has a resource for its workers. It's the law.Your state of PA calls it FAIR LABOR and it's under your Attorney General's office. FAIRLABOR@attorneygeneral.gov
   I believe. Do a simple Google search and you can find there are phone numbers and various resources listed.

6. AnonymousAugust 18,2023 at 8:15PM UTC

   The company will say they let her go for lack of attendance. She is also within the probation period of 90 days so the company will argue she is unreliable.

   Not compassionate at all but not illegal.

7. Erica MitchellAugust 18,2023 at 8:20PM UTC

   Unfortunately, as wrong as it is that they did that to her, there's not much she could do. If I were her I'd just look for a new job. She's better off not working there in my opinion.

8. Melissa HacheyAugust 19,2023 at 12:31PM UTC

   She can get another job later after she focuses on getting well. This was probably a red flag that the job wasn’t going to be the right fit. It might have even been bad for her mental health. I hope by this time she’s doing better and getting meds straightened out. Jobs come and go. You only get one life.

9. AnonymousAugust 19,2023 at 7:08PM UTC

   I love your advice!!

   All of it!! I'm not the OP, but my situation is similar - lost a role, enduring therapy after an accident that required two surgeries (got an ok to return to work and let go the SAME day)

   Plus, role wasn't as advertised) trust me on that!) And did my mental health zero favors in the process

   You helped me -- thank you :)

10. AnonymousAugust 19,2023 at 12:35PM UTC

    First, I am so sorry to hear about your daughter's condition. I hope that she gets the sustained support that she needs so that she can live the healthy life she deserves. That said, much of the advice I've seen on this thread does not align with the actual EEOC law. Your best option is to speak with a labor attorney regarding the specifics because the company may very well have broken the law. Make sure you keep any text messages or other written documentation where your daughter communicated with the company about her medical status and request for accommodations. Read more here https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights While she may not be able to get that particular job back, and I'm sure she probably wouldn't want it anyway, at least it will let them know that they cannot treat human beings this way. Good luck.

11. AnonymousAugust 20,2023 at 1:04AM UTC

    Excellent post. The EEOC advice on reasonable accommodation will be helpful to OP’s daughter going forward.

    OP: If your daughter had completed her 90-day probationary period, she is in a stronger legal position than if she had not. Within the 90-day probation period, the employee has very few rights.

    OP: Please tell your daughter that she navigated this situation with grace and honesty. When she finds the correct medication and has stabilized, she will be an outstanding employee.

    For the moment, I hope that your daughter will take the time she needs to get well. From family experience, I can tell her that 1)it usually takes several weeks for antidepressants to begin to work effectively and 2)it may be necessary to try more than 1 medication or combination of medications for the correct treatment. So for the time being, tell your daughter to practice patience, with the knowledge that better times are ahead.

12. AnonymousAugust 19,2023 at 4:09PM UTC

    Obviously she was here asking because she doesn't know what to do? Maybe she needed a little direction on where to start or go and I don't see anything wrong with her looking for advice here. Closed mouths don't get fed so if you don't ask questions, you miss out on valuable information.

13. AnonymousAugust 19,2023 at 7:02PM UTC

    First: my condolences.

    As hard as it seems, take care of yourself, her first. (I just lost my role after an injury - long story - one had nothing to do with the other) and now dealing with therapy as I just learned to shower with no help for the first time in 5 wks. I had a desk job and worked remotely. Didn't matter despite Dr sending note saying no driving allowed for 2m

    Second, since she was a no-show for the particular shift, that might be irrelevant to her circumstances.

    But I'm not an attorney.

    Hugs!!! I speak for her and I: it WILL be better. It HAS to be

14. AnonymousAugust 19,2023 at 7:05PM UTC

    She wanted some insight. She maybe thought there was an attorney or someone else with a similar experience.

    This mom already is probably emotionally drained. She needs support

15. AnonymousAugust 20,2023 at 12:35PM UTC

    I actually found an attorney for an employment-related matter by posting here. Plus I got a lot of helpful info and much-needed support.

16. Balanced372207August 20,2023 at 2:35PM UTC

    Yay! I wanted to send you information on the PA attorney that I use who handles these matters....but since you found one....I hope it all works out for you and your daughter. I have sat in the seat that you currently sit in, and it isn't very comfortable.

17. AnonymousAugust 19,2023 at 7:11PM UTC

    Why are you being so rude - this IS THE PLACE TO ASK and she asked for help. Insensitive much?!?!

18. AnonymousAugust 20,2023 at 1:22PM UTC

    She wasn't being rude, she was being helpful. She needs to consult a lawyer. The court of opinion is no substitute for actual legal advice.

19. AnonymousAugust 19,2023 at 8:07PM UTC

    Hi! As a mom who's been thru what you're dealing with, i am so so so so so so sorry. My thoughts and heart are with you and your daughter.

    Please focus on helping your daughter get the correct meds and learn to cope with her mental health issues. And like another poster said, give yourself some space for self care if you can. I know that part is so so hard.

    I'll also agree that as the other posters said, it isn't illegal. Pa's an at-will state. So employers and employees can terminate employment at any time with or without notice.

    If it was a chain restaurant, you could consider reporting to the district manager or corporate office, because that lack of compassion is probably against a corporate rule, and that manager may be disciplined or terminated.

    If it was a privately owned restaurant, other than suing for wrongful termination, which would be expensive, traumatic, time consuming, and unlikely to win, there's not much you can do other than tell your story to anyone who will listen and never ever go to that restaurant again.

20. AnonymousAugust 19,2023 at 11:51PM UTC

    I like that Fairygodboss exists for people to openly ask questions and express their experiences regarding employment and career issues. There’s no need to this insensitive. She is using this board correctly!

21. AnonymousAugust 20,2023 at 1:31AM UTC

    Hi!! I'm not the OP, but my recent/current situation is very similar.You are right, jobs come and go. Only have one life.Thank you for adding some relief!! My family has told me this and they are right, but sometimes you need to hear it from an outsider.Thank you :)

    If my former employer doesn't want me, someone will!!

22. AnonymousAugust 20,2023 at 1:48AM UTC

    Please consider how much time you’re going to invest in seeking justice from this restaurant who fired your daughter…when she desperately needs your full attention focused on her mental health and recovery. What’s your desired outcome: do you want an apology, her job back, the manager fired?

    No rational parent would encourage their kid to return to this same setting. Please, help her move on and find another job when she’d ready.

23. AnonymousAugust 20,2023 at 12:49PM UTC

    I"m not at all saying we'd pursue it. I think the only "real" thing that is done is you report it to a federal/state agency; they investigate it and MAYBE fine the restaurant.

    I just think that how the manager handled it was cruel.

    She is going to look for another job, but without a reference from this one, it's going to be a struggle.

24. AnonymousAugust 20,2023 at 2:01PM UTC

    Are there any friends there? Personal references?

    I'm in a similar situation re: references

25. AnonymousAugust 20,2023 at 8:41PM UTC

    I’m not sure insensitivity is going to pass muster with state and federal agencies. Throughout my life, I’ve worked on restaurants and never once have they asked for a reference. They were after a warm body and someone that hustled. If the restaurant business continues to present scheduling challenges and triggers your daughter, help her look elsewhere at shift work.

26. anonAugust 23,2023 at 8:59AM UTC

    they should have to compensate her

27. AnonymousAugust 20,2023 at 12:08PM UTC

    She was not fired for her mental illness. She was fired after a pattern of behavior that put the restaurant in a bind. Did she request any formal ADA accommodations? If not, how could they protect her job?

28. AnonymousAugust 20,2023 at 12:45PM UTC

    She did ask for accommodations and shared her medical issues. They gave her an almost impossible schedule for her to try to do partial and work. Because she needed the money, she opted to work instead of getting the care she needed.

    And it's not even so much that they fired her--but HOW they did it. There wasn't anything that prevented them from saying, "Hey, your health is important. Please get the care you need. We'll talk about your work schedule when you're back."

    They cut staff all the time when the restaurant is slow...she said that people always jumped to pick up extra shifts. I don't see how they couldn't have covered her shifts--cutting fewer people in her absence and just letting her concentrate on getting better.

    Instead, they just said, "It's best we part ways," leaving her panicked about money rather than focusing on her treatment.

    I just don't understand why people can't just extend a little grace.

29. AnonymousAugust 20,2023 at 1:59PM UTC

    My boss did the same last week. I was out for an injury with two surgeries. The DAY I returned: good bye.... not a good fit.They state that prior to my fall, I wasn't following instructions (I disagree....the "instructions" changed daily) I'm not mourning the job, I'm morning everything else: the method of timing, I now need to look for work, interviews, INSURANCE, etc and a reference there.

    Meanwhile, the person that wrote out the so-called instructions was someone my boss recruited from another department who NEVER did the particular role.

30. Balanced372207August 20,2023 at 2:32PM UTC

    I am sorry to hear this. When I had a mastectomy in 2020, at the height of COVID, one of my coworkers "paid me an uninvited/unexpected visit." I was aghast. She took one look at me and said, "you look like you are okay to return to work. " I still had a dressing on my wound, and drains in my body. So, I opened my shirt and showed her.....told her, "the nurse only comes to see me twice a week, but I need to change this dressing daily, and empty the drains....can you help me?" She turned ghostly white. I reported this "invasion of privacy" to a friend who is an attorney, because I was legitimately on FMLA. It never happened again. There are no limits to what these employers will do.

31. AnonymousAugust 20,2023 at 7:48PM UTC

    Oh wow!!! I hope you have since recovered!

    When I had breast cancer in 2016, I was going to radiation after my surgery (during lunch, made up the time and boss knew this).

    My colleague was envious of the "long lunches" (nevermind I was at work at 630 each day for deadlines) and said "breast cancer is unprofessional at the work place" and convinced my boss I didn't belong!!! That was that

    Some people have no shame. Oh, by the way: boss and colleague both women

32. Balanced372207August 21,2023 at 8:13PM UTC

    I wish I had known you then and that you lived in PA.
    Because my friend who is an employee rights attorney and PA Super lawyer would have Loved to take your case on. I still work for the same employer and whenever I need a medical follow up appointment, I get time off with no issue. But if I hadn't had my attorney friend, I think I would have been out of luck.

33. AnonymousAugust 22,2023 at 2:47AM UTC

    I'm in Tennessee and fortunately (??!) I had the "correct" cancer to qualify for Tennessee Medicaid for the 5 years while on treatment. Helped during pandemic when I was furloughed. Too bad the taxpayers had to pay.

    I should have gotten an attorney but I didn't. Unfortunately, employer could say ANYTHING they want.

    Now I document what I do daily as a journal and keep everything. Not paranoid. I'm organized

34. AnonymousAugust 20,2023 at 9:14PM UTC

    That’s awful and I am so sorry you had to go thru this. Wholly unacceptable. And agreed there IS NO limit to what employers will do to protect their “asset”. Or what risk management companies will do to bully those who’ve had medical issues. It’s immoral. Thanks for sharing your story and experience.

35. AnonymousAugust 20,2023 at 9:17PM UTC

    Yep this happens.

36. anonAugust 23,2023 at 8:57AM UTC

    an employer must provide reasonable accommodation even if the employee doesn't overtly request it. letting the employer know that they will be away from work due to a medical condition means the employer needs to think of reasonable accommodations - not fire her on the spot. And that is essentially her asking for accommodation anyway. Firing someone in response to their medical condition is violating the ADA.

37. AnonymousAugust 20,2023 at 12:21PM UTC

    Hugs to you!Re: employers, I have great bosses and HORRIBLE ones. This past time was horrible. You are right, it's a blessing in disguise bNext May, my youngest will be a HS graduate. I have very few ties where I live and look forward to moving away from here and rediscovering a new me! (I'm single and literally can go anywhere! Want to be relatively close to family)

38. Diana PreziosiAugust 20,2023 at 12:24PM UTC

    Consider applying for some form of disability through the state so she can bring in some sort of “income” while she works on her wellness. Hospitalizations are costly and there are options.

39. AnonymousAugust 20,2023 at 12:47PM UTC

    There isn't anything like that. Restaurants don't offer disability.

    She is already on Medicaid in our state--and they offer zero therapy for mental illness.

    Once she's out of the hospital, she can apply for unemployment if the restaurant doesn't contest it.

40. misskelleypAugust 20,2023 at 6:06PM UTC

    I'm not sure how the restaurant could contest her unemployment. Technically they fired her....

41. Balanced372207August 21,2023 at 8:08PM UTC

    I live in PA like this poster does, and employers in our state routinely contest unemployment claims. She knows what she is talking about.

42. AnonymousAugust 22,2023 at 9:15PM UTC

    I think that they could argue that the termination was for cause (not working assigned shifts) and that could impact eligibility for unemployment benefits.

43. anonAugust 23,2023 at 8:53AM UTC

    they're not talking about employer-provided disability insurance (wouldn't apply at all in this case); they are talking about state-funded disability insurance (welfare for disabled people), it's a totally different thing.

44. AnonymousAugust 20,2023 at 9:09PM UTC

    Unemployment?

45. AnonymousAugust 20,2023 at 12:42PM UTC

    In my professional HR opinion it is not worth pursuing. She was not there long enough that FMLA would protect her and if they have less than 50 ee’s they don’t have to follow FMLA anyway. She most likely had no benefits or time off, so it is all not working and not being paid. I also don’t think any reasonable accommodation needs to be granted in this situation from a legal standpoint.

    I understand for you it’s personal, but for them they are running a business and need employees to show up consistently. It would be nice if the manager expressed more empathy in the response, but the end result would have been the same. She is not well enough to be working at this time and they made a decision for her that she should have made for herself.

    She can focus on her health and being ready for consistent work when she is ready to return. There are plenty of hourly roles out there in retail or service fields.

46. anonAugust 23,2023 at 8:51AM UTC

    they still have to follow the ADA though, that's the issue...

47. AnonymousAugust 24,2023 at 1:46AM UTC

    I’m not sure what you mean by follow the ADA. ADA states that certain reasonable accommodations should be met when requested based on a disability. It does not protect against poor job performance or lack of attendance. That would not meet or be considered a reasonable accommodation. Depending on size not all business have to meet reasonable accommodation because of undue hardship. This situation would move to unpaid leave and again that would be under FMLA which this individual was also not qualified for and does not have to be granted. There are alot of factors here, but ADA isn’t a blanket protection across all factors.

48. anonAugust 29,2023 at 5:36AM UTC

    she literally said she missed work due to her medical condition, genius. and you're wrong that accommodation must be overtly 'requested.' if the employer has reason to believe the employee has a medical condition that is impacting the performance, they can't fire them because of this. thy have to come up with a reasonable accommodation before firing the person even if the person hasn't flat out asked for accommodation. obviously firing someone when they tell you their medical condition is in violation of this and of discrimination laws too.

49. Felicia McGintyAugust 20,2023 at 12:53PM UTC

    I am very sorry about the challenges your daughter is experiencing. If she were working in a different setting/industry other than the restaurant industry where employees are often treated like day laborers with no protections, I believe she would have recourse. Sadly, in this instance I don't hold out much hope. Once she is stabilized I hope she can get back on out there and find a new role that is a better fit.

    I understand her dilemma, I have worked with college age students who are hospitalized due to mental health issues and are very eager to return to classes and normalcy upon release. Sometimes the timing and flexibility of the aftercare/ step-down programs conflict with class schedules, etc., and they want to drop out. I just want to affirm your struggle and encourage you. Caregiving in this particular situation is especially hard. I'm hopeful treatment will resonate this time and that she can experience a reset upon discharge and finds a new job that values her and the strong work ethic she brings to the role. Hang in there!

50. Ms420August 20,2023 at 5:29PM UTC

    I see both sides. The employer is counting on someone and needs a certain amount of people for that shift. If for medical reasons the employee can't show up and be dependable, I can understand why they wouldn't want to keep them on their schedule to work. Maybe it's not the right time in your daughter's life to be working until she's in a much better place psychologically? Having to be dependable and be on time can add another layer of stress to her life when she's not ready. Hopefully with the correct medical treatment and time she will be ready to work again.

51. AnonymousAugust 20,2023 at 9:07PM UTC

    This ??

52. AnonymousAugust 20,2023 at 12:53PM UTC

    Wasn't asking a legal question per se.... I'm not considering suing.

    Employment Discrimination on the Basis of a Medical Condition. It is illegal under both federal and state laws to discriminate against an employee based on his or her medical condition with regard to employment decisions.

    My greater statement, which you obviously missed, was: Managers, can we not have a bit of empathy for people dealing with chronic illnesses?

    Hope you have a great day.

53. AnonymousAugust 20,2023 at 1:20PM UTC

    Please, please consult a lawyer, not a message board, about this. I'm not being cavalier, rather I'm looking out for your daughter. The truth is, no one here knows for sure if it was legal. Only a lawyer in the state of PA does. Even if the lawyer says what the employer did was legal, at least you'll have peace of mind, and perhaps some advice about how to approach future situations. Most lawyers offer free consultations and will only take a case if they feel it's worth pursuing. So don't let the fear of legal fees deter you.

54. Balanced372207August 20,2023 at 2:27PM UTC

    I agree. I have an attorney in PA that this lady could consult with, but I don't know how to send her the information confidentially.

55. AnonymousAugust 20,2023 at 1:29PM UTC

    It seems they made efforts to meet her needs and showed remarkable patience. However, we must remember that this is a business. Its operations cannot be tailored to suit your daughter's personal schedule. Investing time and resources in a lawyer may not be the wisest course of action in this case.

56. AnonymousAugust 21,2023 at 1:57PM UTC

    Accommodations have to be reasonable!

57. AnonymousAugust 20,2023 at 2:08PM UTC

    Please do not seek a lawyer, it will cost you because there is no case. Many lawyers will sometimes still take it just to be paid, so be careful.

    This restaurant has a business to run. She was only there three months, which is generally a probationary period. If she had been with the restaurant for years and years, then yes, you may have a case.

    Meanwhile, please focus on helping her get better. Forget the job for now. If she doesn’t get better, this could keep happening. There will be plenty of restaurant jobs in her future if that’s what she wants, but first things first.

58. AnonymousAugust 20,2023 at 2:10PM UTC

    Thank you for your kind words!!

    I raised two wonderful sons since my youngest was two and his brother was 5 (no daughters). I was involving scouts, school band, bought the items for fundraisers, etc with no regrets at all. My ex spouse (their dad) is a deadbeat and a bully.

    Having just lost my job after a traumatic accident and let go for "not doing my job correctly" - very fluid role with fluid instructions day by day (timing.the SAME DAY I was ok to return per Dr,) , well.... screw them!!!! I'm looking for "a job" with insurance until I move while I research my next steps. If I get to buy out my PTO, Putting the $ towards a moving truck

    Planning on renewing my lease once more (originally planned a local move) and when he's done with school: good riddance to my local community (I'll miss the good people in it) plus I can go through my belongings and give to Goodwill or sell

    It's MY TURN!!!!!! I just turned 50- day I got my stitches out- and when I'm done with therapy and can drive: road trip to my potential destinations for research

    Hugs to you and THANK YOU for your kindness!!

59. AnonymousAugust 20,2023 at 2:26PM UTC

    I live in PA, also, and my daughter was fired after coming back from FMLA for taking care of her ill father. She was devastated, and did not seek legal counsel. I have a friend who is an employee rights attorney, who has consulted with people that I have referred to him. Sometimes you have a "case", and other times you don't. But consultations are free.

60. AnonymousAugust 20,2023 at 3:28PM UTC

    I am on the autism spectrum and struggle to be at work every day that I am scheduled. Many people have biases about autism and psychological conditions. How explicit was your daughter with her managers? Did she tell them that she was having challenges with severe depression and suicidal thoughts? I may have to apply for FMLA when I transition to full-time work. I will be as vague with my leadership as possible. It is not because I want to hide what is going on. Rather, it is because I need to protect my ability to earn a living. The workforce in the US is not set up for (and in my option is hostile to) anyone with chronic health challenges. When your daughter seeks out other employment in the future, make sure she is discreet with both coworkers and management about her health history and current challenges. Love and blessings and best of luck to her and to you. Thank you for supporting your daughter. Together you can both make this work!

61. AnonymousAugust 20,2023 at 3:30PM UTC

    *opinion

62. AnonymousAugust 20,2023 at 4:10PM UTC

    Not to dismiss your concerns but given the state of the restaurant industry right now, and for the last several years, with massive shortages in servers I don’t know why you would waste your time on this one restaurant (much less suing them) rather than just having your daughter get stable on her medications and then apply for a other restaurant jobs. Every restaurant I know of is desperate for staff.

63. AnonymousAugust 20,2023 at 5:21PM UTC

    I also live in an at will state and had a somewhat similar experience. I spoke with attorneys and although they all said that what my employer did COULD be considered illegal, the process was time consuming, expensive and the outcome was very iffy. Most said that the goal would be to get the employer to settle. But all said the likelihood of success was low. It’s very hard to prove. Starts with filing an EEOC claim and it takes weeks for the case to be assigned. Sometimes the EEOC claim prompts the company to offer something, but given she was only there a short time and the transient nature of restaurant employees, I don’t think they would do anything.

    Ultimately, I knew it was better for my mental heath to let it go and move forward. What was done to me was wrong on every level, but the mental stress of the process was not worth it.

    As others have said, I would recommend your daughter focus on her mental health, getting the help and support she needs. If she’s still able to do the partial program, maybe she can find a less stressful job in the evenings , possibly something WFH.

    I know as her mom, it’s very hard. I have 3 adult daughters. We just want to fix it all for them. Sending positive vibes, love and light.

64. AnonymousAugust 21,2023 at 1:56PM UTC

    Similar thing here - an attorney I consulted said my employer probably broke the law (and I had much more standing than OP's daughter), but the process would be long and painful and I decided not to subject myself to the emotional trauma.

65. AnonymousAugust 20,2023 at 7:51PM UTC

    You are so awesome and thank you!!!!!!!!!

66. AnonymousAugust 20,2023 at 9:35PM UTC

    I sincerely wish your daughter a smooth recovery back to home. She needs support to re-group … figure out her next step. I have worked in the food and beverage industry for 30 yrs. And can say it’s the worst possible environment for someone who struggles with any type of health issue. It’s the stress, toxicity of the environments, absurdly long hours with absurd and inhumane expectations … the list goes on… I think it’s a god shot that they let her go.

    recourse… EEOC might make them uncomfortable if it’s pursued… unemployment could be a recourse.

    do let your daughter know that she should not feel badly. It’s a money first and people second business. There IS a distinct reason why people left the food and beverage industry in droves during the pandemic (never to return) and they haven’t quite connected that it might have something to do with their ethos and business model.

    Im glad she’s out of that restaurant… it’s the worst place for those who need stable, relatively low bs environments. Best of luck

67. AnonymousAugust 20,2023 at 11:34PM UTC

    I have major clinical depression, panic disorder, and insomnia. I’ve worked in ascience industry for 15 years. I am currently in remission due to a combination of an anti-depressant and tranquilizer. I thank God for the medicine, and take it gladly everyday. You would never know that I was sick. I encourage your daughter to get stabilized on the correct medication or medications first and then go back into a working environment. I hope she has a regular psychiatrist she’s seeing and getting psychotherapy. This is the norm when you have have mental illness. This is how she needs to be taking care of herself. She needs accountability.
    Also there are businesses that cater to “invisible disabilities.” She needs to find one of these businesses. Also she’s gonna have to be careful with her health. And listen to her body. I wouldn’t necessarily disclose to an employer that she’s got mental illness because there’s such a stigma. But she must be stabilized on medicine before she starts working again. Tell her don’t be discouraged. I’ve lost jobs before but I get up out of the mud. I also have a lot of education so that helps. I encourage her to go to college and major in something that will generate a good income. It’s a lot of work but in the end it will be worth it. I’m also in an at will state. And they can get rid of you for any reason at any time.

68. Balanced372207August 21,2023 at 8:03PM UTC

    We are having a crisis in PA with not enough mental health service providers and waiting lists to see the ones we have that can be up to a year long. It is horrible.

69. Ellen Smith FaganAugust 20,2023 at 11:39PM UTC

    Today we are better informed about many things and ADA and others protect those with disabilities who find ways to do a fine life, anyway. Mature personalities are not daunted by the all-too-common suicide attempt anymore. We live in odd days of extremes and your daughter's case is not rare and she deserves compassion.

    But it is still going to be very sensitive when an attempted suicide factors in because of the suicide / homicide thing, if nothing else.

    An employer whose employee is supposed to deal charmingly with the general public, and is in a moment of extremes, might be just plain frightened for the safety of the others on site, both staff and customers.

    When I was helping in response, I once 'talked down' a woman having a bad moment and attempting to self-destruct. She calmed down and did fine. Superiors later told me I had been brave - suicides often turn and kill those who are trying to help them. Eek - I did not remember that at the time. It's all so individual and I did not feel endangered.

    Does your daughter have legal aid?

    Does your daughter have GOOD advisors?

    God bless her for trying to work while disabled but things come up she could not forsee and so she needs pro help to support her thru such moments. IF your daughter had a good attorney for her at that moment, I'll bet the manager would not have fired her.

    IF your daughter was upset talking with the employer, AT the time when she was distraught from her suicide attempt, the employer would NATURALLY be upset with her and not wish to be unfairly entangled in your daughter's sorrow, when his own survival is involved and making a happy place is his job.

    Your daughter needs to get GOOD couselling for her employments so she does not sign up for a job that cannot keep her if she has emotional extremes to share on the job. ......and "backstage" in the food industry, as "anonymous" said here can be brutal. Your daughter should CHANGE JOBS to one with a kinder karma for her - then she can work and heal just fine.

    I do not think she will get anywhere pleading her cause with her current , recently ex-employer. Let her find something nicer AND a good attorney for disabled - they often are happy to work pro bono where a person's livelihood is threatened. AFTER your daughter has happy re-employment she DOES need to at least file legal complaint for the 'wrongful termination'. Firings go into the "thou shalt not kill" department because our earnings are our life and firing, therefore threatens our lives.

    God bless

    e

70. Ellen Smith FaganAugust 20,2023 at 11:47PM UTC

    to be success-minded, I have since had my own injuries and surgeries to cope with - I work jobs that are task oriented and self-employed......as long as it's all done by Friday, life is good. Nobody does better than that. This world let's too much go by these days and violent and oppressive and dishonest employers seem to even think it 'cool' to oppress those who cannot defend themselves all that well. Your daughter may get everyone's sympathy but not much cash fairness.

    UNLESS you get a decent non-stoned attorney to help her with flexible work days/hours or remote tasks . SUCCESS FOR DISABLED WORKING NEED ALL SIDES TO BE REAL. Your daughter is bound to be upset physically and mentally by meds changes, so she must have time off options and more - a great boss! It is NOT your daughter's fault but she may get stuck with the bad part of such changes unless she plans ahead for them with flexlible hours and a good attorney.

71. AnonymousAugust 21,2023 at 12:19PM UTC

    While I don't know the legal aspects of your daughters former employment situation; I would hope that this organization may know and also be able to help your daughter find a better work environment.

    https://www.dli.pa.gov/Individuals/Disability-Services/ovr/Pages/Employment-Services-for-People-with-Disabilities.aspx

    Blessings to you both.

72. AnonymousAugust 21,2023 at 12:57PM UTC

    I've had panic attacks and been let go for it, they'll just find a different reason to remove you if they want to remove you. I know it was that because the women who triggered them was my new boss and it got back to me by other people she was going after me for "being weak". in the end I got a severance deal but it was complete bs. in reality she wanted her own hires and the person above her said no new staff. as far as I know that person was so pissed she found a way to get rid of me to circumvent her that she still had no new staff after I left - she got my job on top of hers.

73. Balanced372207August 21,2023 at 7:59PM UTC

    I believe you. I have been in the work world for 50 years, and the mess I have seen and experienced.

74. AnonymousAugust 21,2023 at 1:04PM UTC

    Doesn’t matter that it’s an at will state, they fired her for a protected reason. Call a lawyer who specializes in employment law and sue. It’s so damn hard, but the exact same thing happened to me and they settled. Sue them. Take no less that a year of her typical pay if they want to settle. Make sure your lawyer is trustworthy.

75. AnonymousAugust 21,2023 at 1:52PM UTC

    "Protected" is not a 100% cut-and-dried issue. Number of employees, length of employment, and the reasonableness of an accommodation request are all mitigating factors. Employment lawyers probably won't go to bat for a part-time employee with a 3-month period of employment and probably no sick leave.

76. AnonymousAugust 21,2023 at 1:48PM UTC

    Unfortunately she was most likely fired for attendance not the mental issues. As a former business owner, I didn't care about whatever illness an employee had, just did they come to work, act professionally, and did they do the job they were hired to do? 3 months is not enough time for FMLA eligibility, and small employers may not be required to provide it. Add in safety concerns and the employer legitimately had reasons to let her go. Hope she gets the help she needs.

77. anonAugust 23,2023 at 8:41AM UTC

    it's not about FMLA, it's about reasonable accommodation. What are the safety concerns at work, exactly? You sound like a great business owner, why former I wonder?

78. AnonymousAugust 24,2023 at 12:34AM UTC

    Small employers don't need to accomodate anything employees want accomodated..It's a conversation, not a requirement. I'm in a profession with an extraordinarily high suicide rate, and that sometimes includes suicide/homicide. Sold because pandemic stresses, client abuse, employee shortages nearly killed me.

79. anonAugust 29,2023 at 5:34AM UTC

    did OP say it was a business with less than 15 employees?

80. anonAugust 29,2023 at 5:35AM UTC

    I wonder why you had employee shortages with your attitude..

81. AnonymousAugust 21,2023 at 1:51PM UTC

    Legality of medical accommodation involves a lot of factors, and no, it's not worth pursuing a legal avenue. It probably is legal due to her short period of employment, so just move on with life. There are more important things, and now that you and she know what those things are, look for something that is a better fit.

    As to the manager's reply - don't worry about it. Restaurant managers are notoriously bad at people skills, and texting is the worst way to have a conversation for anybody.

82. anonAugust 23,2023 at 8:41AM UTC

    ADA doesn't have a minimum employment requirement...

83. HILDA GAugust 21,2023 at 2:27PM UTC

    I agree that parting words such as what you have mentioned only added injury to the current situation of your daughter. I don't know rules differ from one state to the other but what I do know is that as a mother, you need to be strong to be able to ensure that your daughters health is the priority. I will pray that all assistance and strength will come your way in this time of the year. Keep on holding on and help will come your way unexpectedly. :)

84. AnonymousAugust 21,2023 at 2:52PM UTC

    Heartbreaking - I'm so sorry. I feel your pain; I wish you well and your daughter.

85. AnonymousAugust 21,2023 at 9:30PM UTC

    From what you described, she was not fired for her medical issues. She was fired from her lack of attendance. A service shift worker must be available for shifts. The restaurant will argue that her unreliability put the restaurant's business in jeopardy.

    Unfortunately "how" they fired her was not illegal. It happens every day in the service industry.

    I would recommend that your daughter tend to her health first then look for work in another industry.

86. anonAugust 23,2023 at 8:14AM UTC

    just because it happens every day in the service industry does not make it legal. the manager responded to her telling about the medical condition by firing her, not because she missed the shift. that is not legal.

87. AnonymousAugust 23,2023 at 11:57AM UTC

    It happens everyday because it's completely legal.

88. anonAugust 29,2023 at 5:32AM UTC

    wrong.

89. anonAugust 23,2023 at 8:39AM UTC

    No, it's not legal, and people saying it is are delusional. The manager responded to her telling them about her medical problem by firing her. That's against the federal ADA and state discrimination laws. If they said something like "I think it's best we part ways BECAUSE we cannot reasonably cover your shifts" then there might be an argument that it was legal, but as it is they seem to be responding to the medical condition itself by firing her. And by the way, even if they said that, the argument that it is legal would be weak because 1. it still basically looks like she's fired due to disability and 2. they didn't attempt to work out a reasonable accommodation (i mean she's not coming in regardless and they are either gonna find someone to cover or be short staffed - she's not paid salary so it's not like they're paying her for nothing, so it should be reasonable to have her be away during this time and then come back when she's better).

    However, it may not be "worth" pursuing with a lawyer. It's true that businesses 'get away' with stuff like this all the time (doesn't mean it's legal, people!!). So it can be difficult and time consuming to argue this stuff and since she'll still be recovering after release, it might just be too much pressure. However, at the very least I would suggest you file a complaint (for discrimination based on medical condition/disability) with the EEOC https://www.eeoc.gov/filing-charge-discrimination and the PA labor department https://www.attorneygeneral.gov/fair-labor-complaint-form/

    She might also be able get unemployment insurance since it was an illegal firing, but that also can be difficult and time consuming to prove and it is a long shot, unfortunately. She might also qualify for disability insurance given her medical history, though of course it would be nice to work instead. that is a whole other long process, but might be worth it depending on her financial situation. I am sorry all this happened.

90. AnonymousAugust 24,2023 at 1:34AM UTC

    This is really not correct. Depending on size of the business, reasonable accommodation does not always have to be pursued. We don’t know all the details to guide if it is legal or not legal. ADA, accommodations, FMLA, undue hardship there are so many variables that it often takes many risk team members to sort through these decisions. Legal versus what feels right on how to treat people are very different things. This decision to not continue her employee may meet legal standards.

91. anonAugust 29,2023 at 5:32AM UTC

    It is correct in most circumstances. There are some instances where it may not be, but you are being misleading by flatly saying it's not correct. I didn't mention FMLA because you're correct that's the most variable. ADA is for businesses with 15 or more employees. so likely they have to follow it but maybe not. If it was an undue hardship, the manager should have told her that directly (which I clearly discussed in my answer already). That would have helped the manager at least seem like they were still following the ADA, but they didn't mention undue hardship. and the manager should have at least looked as though she was thinking about a reasonable accommodation by not immediately responding to the message by firing her. as you said, "there are so many variables that it often takes many risk team members to sort through these decisions" which clearly did not happen here. Legal vs what you wish was legal are also very different things.

92. Tiana MumfordAugust 23,2023 at 4:37PM UTC

    Good day I read through a few comments I do think it was lack of attendance for the let go . I would look to see about getting unemployment for her and focus on her mental health which is best no matter where she works at . It’s tough regardless because that’s your child and we know some managers are not sympathetic as long as they have a warm body and it’s all about the revenue. If she had FMLA to that’s different to cover her job but it could be a blessing in disguise. I know she liked the job in all but she will find another one just like she found that one .

    Blessings I hope it all works out

93. Farah BajwaAugust 23,2023 at 5:38PM UTC

    The response of firing to a message of a serious incident like that is very insensitive. That could have easily triggered another event!
    I'm unfamiliar with the restaurant industry but if there is an employee handbook then it should be looked at specifically on what they do in these situations. Typically from my experience outside of this is that there is a corrective action process. If attendance is an issue, the manager sits down and verbally discusses the issue with the employee. If that doesn't solve the problem, then there is a written event, etc until at the end either the issue is resolved or termination. I'm uncertain if in termination situations one can file for unemployment benefits but its worth a look.

94. Regina BrownAugust 23,2023 at 8:20PM UTC

    This job is not important and only one job. Her mental health is 1,000 more times MORE important. We should all feel empathy and sympathy for ANYONE with health issues, but some of us "never got that memo".

    Please tell your daughter that she is better off and while it may hurt not...TRUST ME...she will obtain a different better paying job.

    Sending her love, happiness, peace of mind and a dozen angels!!!

95. Regina BrownAugust 23,2023 at 8:25PM UTC

    *now

96. AnonymousSeptember 11,2023 at 12:07AM UTC

    Nowadays, the company takes care of itself and their image. Since the circumstances of her condition may pose a risk to them, they let her go. Business is brutal, and it is not a friend. It won't look out for the well being of anyone. The best thing is to take this time to get well and learn some new coping skills. Market herself later.