Fired-need advice/opinions

[Kirsti1181]

this is my first post here, but i've been lurking for quite awhile.

yesterday, i was fired from my job after only working 6 hours. i have been an rn for 2 years and had to leave my med-surge job because i have scoliosis and chronic back pain from 2 bulging disks and was unable to work 12 hour shifts or do heavy lifting. i got a job that i really wanted in a clinic and was very upfront with them about my back problems before being hired.i explained that i had chronic back pain and that i used a tens unit, saw a chiropractor and took pain medication when not at work, and that i would be able to perform my job functions without difficulty. i was hired and went in for my first day and all was going well. later in the day, i explained to the doctor that i had been seeing the chirpractor weekly and asked if it would be possible for me to continue to do this. he told me that it wouldn't be a problem because no patients were seen one afternoon during the week and i could leave at 4:30 or 4:45 instead of 5:00 to make a 5:00 appt, which is the last appt time available at the office. a couple of hours later, i was called in to the office with both doctors and was confronted about why i hadn't told them about it sooner. i explained that i had been very honest with them about my back problems and that i was undergoing treatment, and had been told that i would be given comp time during the week for weekends that i had to go in. he them told me that comp time could only be taken on the weeks that the weekend was worked, and he felt that i had been dishonest in my interview. i think that i was completely honest and i was not required by law to disclose my disability during the hiring process. i offered to work something out with them, including not taking a lunch on the day that i had to leave early or coming in early to catch up on paperwork that i would not have been able to catch up on when i had to leave early. i was then told that if they had known about this before they would not have hired me because it didn't work with the "model" they had in mind and would be unfair to the other nurses, therefore i was being let go. i was not given the option to discuss any alternatives with them. i would think that a clinic that required patients to come in frequently during regular working hours would be more understanding about an employee who needed a few minutes off a week but apparently i was wrong. i am devastated because i really wanted this job and really liked it the few hours that i was there. i would just like honest opinions on whether or not i was making unreasonable requests and if i was treated fairly. i have done some research and i believe they are in violation of the ada and am considering consulting an attorney. if anyone actually made it through this whole post, i appreciate and i welcome all of your opinions or advice!!!

p.s.-my first day working there was the first day in months that i didn't have back pain, and i would have had no problems in performing my job functions, and i turned down 2 other offers with better pay in order to get this job, so i'm having a very difficult time dealing with this.

[Nutmeg5575]

I am so sorry and I would be so mad if I were you. You should see a lawyer for a consultation and see if you have a case imo.

[blynn]

Kirsti, I am so sorry that you had this experiance!

I work at a clinic, and I do have a 'catch up day' once a week where I am not seeing patients. When I have the entire day to catch up on voice mail and paperwork and clinic upkeep, it is not unusual for me to leave a half hour early. It helps make up for all of the other days when I find myself coming in early and/or staying late. No one has ever had a problem with this.

It sounds like you were very upfront about your medical problems when you were hired, but did you directly tell them while you were interviewing that you would need to leave early on a weekly basis? Because if they were not aware of this, I can see how they might feel that they weren't told everything up front. The issue might not have been so much the fact that you needed to leave early, but that they were worried about having to make exceptions to the rule for a new hire right off the bat. Perhaps they were worried about making the other nurses upset, I don't know. I do know that every clinic runs a little differently, so maybe it's a bigger deal at this place to have someone leave early than it is where I work. But speaking strictly from my own point of view, I do not believe that my nursing manager or the doctors that I work with would have had a problem with this request. It sounds to me like they were over reacting. I know that I would be plenty mad if I were in your situation. My heart goes out to you, and I wish you luck with whatever comes next! You mentioned that you had turned down two other job offers, perhaps you could check and see if one of those offers still stands?

Keep us posted on how you're doing.

[sanctuary, BSN, MSN, RN]

Kirsti, I'm so very sorry that you were treated so badly, esp. after you turned down other jobs for this one.

I do think they are in violation of ADA, which states that all reasonable accomidations must be made for disabilities. Go get 'em, girl.

[whiskeygirl, LPN]

I do think they are in violation of ADA, which states that all reasonable accomidations must be made for disabilities. Go get 'em, girl.

Maybe, this will be a huge blessing in disguise!

Just to add, I don't think this was fair at all. You weren't asking for a whole day off, just to leave a few minutes early.

[CrunchRN, ADN, RN]

Why in the world would you want to work for them? There are going to be occasions in life unrelated to your back when you may need to flex the hours a tiny bit and they appear to be totally unwilling to do that. I think you would be better off if you just find another job. Even if you won a lawsuit and got the right to keep working with them how miserable would it be? My advice is to cut your losses and move on.

[llg, PhD, RN]

It sounds like you were very upfront about your medical problems when you were hired, but did you directly tell them while you were interviewing that you would need to leave early on a weekly basis? Because if they were not aware of this, I can see how they might feel that they weren't told everything up front. .

I am not an expert in the ADA, but I think blynn raised a good question here. If you did not tell them you were unable to work the standard hours required by the job on a regular basis, I can understand why they would feel uneasy. Your original post was unclear on that issue.

For an expert opinion on your rights under the ADA, you'll have to consult an attorney.

Good luck to you in finding a job that suits your special needs. I'm sure this has been a big disappointment to you ... but it sounds as if you recently received 3 job offers. That should give you hope that you'll find a good match eventually.

llg

[gr8rnpjt, RN]

You may want to check with the EEOC prior to consulting a lawyer. They will evalutate your case for free and if they feel you have a case, they will do the paperwork for you. Look at it this way. You have a disability. You were up front with them during the interview telling them about your physical problems. But the minute that this appeared to be a problem for them (did not fit in their "model" then you were terminated. I believe you have a claim with the EEOC.

Check the blue pages in the phone book for the number

[Gabie Baby]

I think this had more to do with them wondering if you could keep up and wondering if you were going to use your back trouble against them than the little bit of flexing you requested. I know jobs say to tell them all your business up front and there might be laws requiring it. But, when you do, this is what happens. Damned if you do, damned if you don't.

Sue them if you can, otherwise shake the dust off and move along.

[Quailfeather]

I would most definitely contact an attorney or the EEOC since you may have a claim against this employer. Under the ADA, an employer must provide "reasonable accommodation" to an employee with a recognized disability. Modifying your work hours to allow for therapy related to your disability would be considered reasonable accommodation, unless the employer can prove that it would create an "undue hardship". I don't think that "it didn't work with the "model" they had in mind and would be unfair to the other nurses" meets the criteria for undue hardship.

[Kirsti1181]

Thank you all so much for your support. I definitely realize now that I dont' want to work for these people. I plan on contacting a lawyer to find out exactly what my rights are and I'm back to the job search. I keep telling myself everything happens for a reason and there will be something better out there.

[CHATSDALE]

'reasonable' is a term that would mean so different from one person to the next

however, i believe that this complaint came from other office personnel rather than the mds themselves "poor little me, i am going to have to do her work and mine too"

another factor is that some mds look down on chiropractors and their patients

it may have been a misunderstanding...person giving the interview may have thought that this was a limited thing..ie she may have thought that you would only be leaving early once in a while and not every week

limited legal experience here..don't know what to advise..follow advise of other posts and do a consult to see if you have a case