Thoughts on a legal question?

HeatherBee · #1 (**permalink**) 07-04-2009, 02:47 PM

Hello everyone! I came across this forum a couple days ago and I can't seem to get away from it. It's very interesting. I've learned alot. And you all seem so very nice! There are so many topics I'd like to discuss/inquire about but there is one thing that stands out and I would love to hear all of your thoughts.

About a year and a half ago, I was fired from my job b/c of my diabetes. I worked for a casino in Las Vegas and they have a point system for absences/tardies. If you call in its 1 point, and late is 1/2 a point. They give you up til 10 1/2 points per year and then you're fired. Well, when I was at about 8 points they gave me a "warning". I tried talking to my manager about my diabetes. I asked her for some kind of "reasonable accomodation" to the point system, which I thought was the law, but she said NO. She said that if she did it for me then she'd have to do it for everyone. I tried to explain the ADA to her but she didn't care! From then on I tried very hard to not get sick, but it's nearly impossible for me to go any length of time without having any hypos, especially in the morning, which would cause me to be late for work. Oh, and if I ever had low blood sugar while I was at work, instead of letting me take 10-15 minute break and get something to eat/drink, they would make me go home AND give me a 1/2 or 1 point (depending on how much time was left of the shift). So of course, within a couple months I received the other 2 1/2 points and they fired me!!! I begged them to reconsider my circumstances, but the answer was simply NO, we cannot.

So, I'm wondering: Is this legal? I would love to hear everyone's thoughts and knowledge about ADA law and how it pertains to my situation. I should also tell you that this absolutely ruined my life! I fell into a deep depression over this whole incident. So much so that my fiance at the time couldn't handle everything I was going through and called off our wedding. He left me and I never got over it. I was so depressed that I couldn't work. I lost my apartment, my car, and almost everything I owned! I had to move back home (NY) and move in with my sister. My life is unrecognizable. I don't know how to recover. I couldn't back then, but now I want closure. And if I have the grounds to sue them for wrongful termination(if that's the right terminology) then thats what I need to do to put this behind me.

I'm so sorry this is so long and wordy but its been on my mind for so long and its so complicated! Thank you so much for listening and any thoughts/advice would be greatly appreciated.

BlueSky · #2 (**permalink**) 07-04-2009, 03:22 PM

Quote:

Originally Posted by HeatherBee

... if I ever had low blood sugar while I was at work, instead of letting me take 10-15 minute break and get something to eat/drink, they would make me go home AND give me a 1/2 or 1 point (depending on how much time was left of the shift). So of course, within a couple months I received the other 2 1/2 points and they fired me!!! ....

This sounds like constructive dismissal to me, which is illegal. I would consult a labour relations lawyer to find out what can be done about it.

Welcome to the forum

.

Mothernature · #3 (**permalink**) 07-04-2009, 03:41 PM

It is very clear in the ADA, you have to be accommodated.

You are not alone

"Take Stephen Orr, a former pharmacist with Wal-Mart. His first manager hired him under the agreement that Stephen, a diabetic, would close the pharmacy a half hour each day so he could eat lunch to keep his blood sugars steady over his ten-hour shift. A new Wal-Mart district manager came on the scene and didn't want him to take the lunch breaks, so they fired him.. "

More information

notme · #4 (**permalink**) 07-04-2009, 03:50 PM

I think that you should probably discuss this with someone who is more aware of the law and how ADA rules would apply. Some rules do seem like they should apply.

I don't believe that going low should affect your ability to get to work. All the years I worked, being low never effected my ability to get to work in time. All you would do is plan on leaving 15 minutes earlier and then if you go low, you have time to treat and still get to work. However, you should be able to treat your lows at work without penalty.

I would suggest calling the ADA and talking to them. I see the biggest issue in fighting with deep pockets of the casinos.

Good luck! Let us know how this turns out.

art · #5 (**permalink**) 07-04-2009, 03:51 PM

Call the Nevada Department of labor

Art

Caravaggio · #6 (**permalink**) 07-05-2009, 09:19 PM

I suggest you discuss this with a lawyer with experience in labor-related matters, especially dismissal. It's not just a question of knowing the law, but getting all the facts and analyzing them. While people in the forum can provide you with emotional support or even their experience, your circumstances will be unique to yours, and your questions will be better answered and your legal needs better served by your lawyer.

Good luck!

patricia52 · #7 (**permalink**) 07-06-2009, 09:23 AM

I agree with the others. While it does not seem fair, you have to find out what the laws say. I would see a lawyer if I wanted to go forward with a lawsuit. Also if you now live in NY, it could be a problem communicating with an attorny in Nevada. Also are you ready for the emotional stress of a lawsuit. They can become very nasty, you know. They will bring up everything you did wrong at work. You may even be accused of things you did not do. It could also make it harder for you to find work later. Just some things to consider. Still if the laws are on your side and you are up to challenge, I say go for it. You could make a diff in how Diabetics are treated in the future.

mortis505 · #8 (**permalink**) 07-06-2009, 09:36 AM

Contact a lawyer, and the Nevada state labor dept. I'd also perhaps contact the HR department of the casino and request all your records. By law they have to make additional accommodations for you under the ADA act.

kgm0612 · #9 (**permalink**) 07-06-2009, 10:52 AM

WELCOME to the forum!

As the others have mentioned, contact an attorney and go from there. Please let us know how things turn out.

Karen

HeatherBee · #10 (**permalink**) 07-06-2009, 11:21 AM

Thank you everyone for your advise. You raise some very valid points to consider. I know that I'm right but proving that could be quite the challenge. I think that's why I haven't done anything yet. It really helps to know that there are people out there who understand.

I'm not sure what to do. It's just so hard to put this behind me. I've always been able to look forward and leave the past in the past. But not this. They ruined so many things for me and I'm so angry. I hate being angry. It just brings you down. I guess I need to really consider the pros and cons of this and make a decision.

Thanks again!

mortis505 · #11 (**permalink**) 07-06-2009, 10:59 PM

I also work in a casino. Been a dealer for 14 years. Do you still have your employee handbook? You may have a few problems with any action you take. Nevada is a "Right to work" state. That means that they, like Washington, can terminate your employment for no reason at all. Also, depending on the casino, If you didn't work with HR regarding your condition (i.e. the paperwork you signed during your hiring interview asking about any problems that might prevent you from performing your duties) than it may be even more difficult.

Still I suggest you discuss this with a lawyer and see what they say. Also discuss this with someone at the Nevada labor board.