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Default Oct 23, 2019 at 03:41 PM
  #1
Here's the situation and I hope someone has been in this position before and can help.

I have been on the job for 2.5 months and had a mental health crisis come. I asked for a week off, and then the counselor said 10 days. I took the 10 days of ADA leave in the United States.

During the 10 days, I had a crisis and went to the ER. I was sent to a psych ward and then relocated to a crisis treatment center. I have had to call the employer and asked for another two days off. then I got a call from HR asking me to resign because they need people there that can work.

Can the employer do this??

Has anyone had something similar happen???

I want to talk to a lawyer and fight this but I know it would take more time to handle.

Do I resign and find something else or what do I do??
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Default Oct 23, 2019 at 06:45 PM
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I believe you should be protected but am not 100% sure. it seems since the employer was aware of the medical condition and it was documented the extra 2 days might not have been such an issue.

unless of course there were issues prior with absenteeism, etc. I would offer them ample proof you were indeed hospitalized and unable to return to work for those 2 days. if those days were required by medical professionals include that as well. perhaps they think you were just extending questionable leave.

what type of work is it?
you had only been employed 2.5 months.
you asked for a week, which got extended to 10 days per a counselor (someone you see regularly? psychologist, social worker, exactly what type?)
did you provide documentation?
then YOU called work & requested 2 additional days. is there a dr request?

that is a chunk of time for only being employed a short time and if there is NOT decent documentation, just phone calls etc, you might have a difficult time.

is there a union?

do some research on the American with disabilities act to check your situation to see if it meets the criteria.

good luck. I wouldn't resign. make them fire you. but make sure you have all documentation is correct, valid and accurate. know also, if you fight and win, work might also not be a pleasant place to be.
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Default Oct 23, 2019 at 06:54 PM
  #3
You do not have to resign because you are sick. That they asked was wrong. They would have to fire you, which is also illegal.

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Default Oct 23, 2019 at 07:46 PM
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I have been through a nearly identical situation. I ultimately decided I did not want to work with people whom I believed were clearly discriminating against me, on the basis of my illness even if I could save my job. Just wasn't a pro-recovery environment for me. Not healthy. So I left. Def the right decision for me. Do consider what it might be like if you contest this and win and stay. It might not be very pleasant for you. Sending you positive vibes and support.

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Default Oct 24, 2019 at 03:13 PM
  #5
I checked with the EEOC but bothers is no job protection...

I want to contact the CEO but I already resigned. It's done no more stress of that job. Psych tech work is tough.

I hate this situation. At least I'm in a safe place to hopefully heal. I'm inpatient. But now need to job hunt. I'm thinking of being an RBT with another company then before. I had a license but now need a new one. Shouldn't be that hard. And I get to play in an orchestra
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Default Oct 24, 2019 at 03:59 PM
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I'm sorry you had to resign. I'm not sure what state you are in, but here in CA you probably wouldn't win a suit if you so chose to file one against the employer because the state only guarantees three days of sick leave. I hope you find a new better job.

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Default Oct 24, 2019 at 06:18 PM
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I'm sorry you had to resign. I'm not sure what state you are in, but here in CA you probably wouldn't win a suit if you so chose to file one against the employer because the state only guarantees three days of sick leave. I hope you find a new better job.
If he had submitted proof to his employer of hospitalization he would absolutely have a case for wrongful termination. Whether or not he had been eligible for things like FMLA, etc would have been based on his employment status. The three days law refers to paid sick leave. They dont have to pay you for time you are out sick beyond those 3 days, but they cannot fire you. If you have taken actual medical leave with a doctors note they cannot fire you. Calling in sick is another matter, but a hospitalization would qualify as a medical leave and they would be in trouble for firing over that, which is why they didn't fire them and pressured them to resign. It also means they didnt have to pay unemployment.

I'm sorry they tricked you into this.

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Default Oct 24, 2019 at 06:29 PM
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If he had submitted proof to his employer of hospitalization he would absolutely have a case for wrongful termination. Whether or not he had been eligible for things like FMLA, etc would have been based on his employment status. The three days law refers to paid sick leave. They dont have to pay you for time you are out sick beyond those 3 days, but they cannot fire you. If you have taken actual medical leave with a doctors note they cannot fire you. Calling in sick is another matter, but a hospitalization would qualify as a medical leave and they would be in trouble for firing over that, which is why they didn't fire them and pressured them to resign. It also means they didnt have to pay unemployment.

I'm sorry they tricked you into this.
I'm not sure if perhaps employers I have worked for in the past have then committed unlawful terminations, but I have worked for employers in CA that have terminated employees even with a doctor's note, even with hospitalizations, due to excessive absences, the excessive part being based on the company's policy and procedures handbook stating x number of days absent in a x amount of time was considered excessive whether or not the absence was excused. Perhaps they "got away" with something that was unlawful, but unless they get sued or something, it will probably continue. Unless you have a contract, you can pretty much get fired for anything unless it is specifically protected by law like age, gender, etc. I don't have a lot of faith that employers will do the right thing.

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Default Oct 25, 2019 at 01:32 AM
  #9
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Originally Posted by SlumberKitty View Post
I'm not sure if perhaps employers I have worked for in the past have then committed unlawful terminations, but I have worked for employers in CA that have terminated employees even with a doctor's note, even with hospitalizations, due to excessive absences, the excessive part being based on the company's policy and procedures handbook stating x number of days absent in a x amount of time was considered excessive whether or not the absence was excused. Perhaps they "got away" with something that was unlawful, but unless they get sued or something, it will probably continue. Unless you have a contract, you can pretty much get fired for anything unless it is specifically protected by law like age, gender, etc. I don't have a lot of faith that employers will do the right thing.
You hit the nail on the head: no one sues them so they get away with it.

But also, they can do it and list it as another reason and get away with it. Workers often dont know the very important steps to follow and document so it's not the case. For example, if you kept calling out unexpectedly sick, they'd say it was constant absenteeism, not because of being sick. However if you establish you are on medical leave, they'd have to say its for another reason. For example, they'd have restructure the department and say your job position was eliminated. Or they'd have to be able to show a history of poor performance. Of course they can normally just fire you but when they have a sick or disabled person on their hands, they have to be careful to show it wasnt discrimination. That's why they pressured the OP into resigning. Inhad the same thing happen to me. Then I had another employer restructure while I was on a week long medical leave. But it was really discrimination. And I did sue. And we settled out of court.

But the long and short of it is that they get away with it because we're all too small to afford lawyers and too sick to deal with a lawsuit. So they keep doing it because no one stops them.

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Default Oct 26, 2019 at 01:18 AM
  #10
Most all companies have at least a 90 day probationary period.

I live in a right to work state, basically you can be fired for a reason or no reason at all. Unless you belong to a union.

As far as suing them? The reality is the ADA is really more bark than bite unfortunately.

I seriously doubt a reputable Lawyer would even take the case. Sure you could find a shady lawyer to do it. But is it really worth it for a job you had for only 2.5 months ? You would be paying for a lawyer that likely won’t win so your out money too.

They have already shown you how they react to someone that needed time off for mental illness ... do you really think they are going to become more understanding ??

I’m sorry this happened to you. I hope that your able to get back on your feet and feeling much better. Good luck

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Default Oct 26, 2019 at 08:17 PM
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Most all companies have at least a 90 day probationary period.

I live in a right to work state, basically you can be fired for a reason or no reason at all. Unless you belong to a union.

As far as suing them? The reality is the ADA is really more bark than bite unfortunately.

I seriously doubt a reputable Lawyer would even take the case. Sure you could find a shady lawyer to do it. But is it really worth it for a job you had for only 2.5 months ? You would be paying for a lawyer that likely won’t win so your out money too.

They have already shown you how they react to someone that needed time off for mental illness ... do you really think they are going to become more understanding ??

I’m sorry this happened to you. I hope that your able to get back on your feet and feeling much better. Good luck
Then why did they ask them to resign instead of firing them?

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Default Oct 29, 2019 at 12:41 PM
  #12
No clue. I got a letter in the mail from them that said that I could return on October 30 I could have returned. I feel devastated but at the same time, I need to not work for someone that only sees me as a body.
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Default Oct 29, 2019 at 04:22 PM
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Life is way too short to spend it working with ********.

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Default Oct 29, 2019 at 08:08 PM
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Then why did they ask them to resign instead of firing them?


“ typically “ they push someone to resign so that a person can’t fill for unemployment. It’s a shyt deal but if it’s a right to work state a person can be let go or ask to resign at any time , a person can clock in 3 mins late from lunch and you can easily be fired for it. , especially in the probationary period.

To sue ? Would be a total waste of money. If you could even find a lawyer to take ...

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Default Oct 29, 2019 at 10:10 PM
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“ typically “ they push someone to resign so that a person can’t fill for unemployment. It’s a shyt deal but if it’s a right to work state a person can be let go or ask to resign at any time , a person can clock in 3 mins late from lunch and you can easily be fired for it. , especially in the probationary period.

To sue ? Would be a total waste of money. If you could even find a lawyer to take ...
Yeah, I guess my experience is just different on this one. I'll agree to disagree.

I sued and settled out of court on a similar employment situation. And so did a friend of mine who has bipolar disorder. The devil is in the details of course. So I'm just saying it is possible and shouldn't be overlooked, but it very much depends on the details of a specific case.

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