gf got fired for being sick

[Gooberlx2]

So, my gf has an autoimmune disease = overactive immune system which attacks one's own cells (undifferentiated soft tissue in her case)= NO immune system after medications to essentially disable the immune system.

Last month was a bad month where her kidneys were failing (she also has stones...honestly she has so many health problems that Mayo should do a case study on her).

Anyway, this whole week she's been getting worse with a touch of the flu. Yesterday she's a got nasty fever and is throwing up, so she calls in and leaves a message on her manager's and GM's voicemail.

The GM calls her up telling her that all these sick days (unpaid BTW) just aren't working out and it would be best for everyone if she didn't return to work. However they hired her knowing full well of her condition, and explicitly told her that it wasn't a problem, and would never be a problem (car dealership...so you can imagine the skating SOBs that work there)

The other thing is that part of her deal to work with them was that her insurance was included (can't have a lapse in insurance for risk of a "pre-existing condition").

So now she's fired because she's was sick too much. Never written up, or talked too, or anything...just fired. I'm pretty sure this isn't allowed in "the rules". Our lawyer friend has told us to retain an employment lawyer, which we did, who referred us to the EEOC (Equal Employment Office of Colorado...I'm assuming), who has in turn scheduled a meeting with her.

So yeah, we think it's messed up and actionable, but I was wondering what peoples' take on here would be.

cliffs:
- GF has autoimmune disease and gets fired for being sick too much
- she was never written up or talked too about it
- Employer knew of disease and said it was fine upon hiring her in the first place
- We're taking action against them as she depends on the insurance....and pay, but definitely the insurance

 

[Mo0o]

Did her work performance suffer because of her illness?

 

[AStar617]

Sue their asses ASAP.

 

[cKGunslinger]

Tough one. I mean, the company is in business to make money, not solely to take care of its employees. Seems callous, but maybe not illegal, depending on your state's laws.

 

[Canun]

How long was she working there? How often did she miss work?

Her sickness bouts might have been much much more than anticipated when they hired her. The judge might find that her overall capability to contribute was low enough to warrant dismissal.

Then again, no clue about the circumstances.

 

[altonb1]

That is definitely messed up. Sue 'em FTW!

 

[WW]

Colorado is an 'at will' state, right? they can fire anyone for any reason (except illegal reasons like race/religion/etc)

but if it's a 'disability' you might have something to sue for

 

[Gooberlx2]

Originally posted by: Mo0o
Did her work performance suffer because of her illness?

Not at all....in fact, because they had changed a part of their business which affected her income, they had a sit down the very day before...literally begging her not to leave (though she hadn't given them any indication she'd been looking for any other jobs). Regardless of her illness her performance was always stellar.

 

[Gooberlx2]

Originally posted by: WW
Colorado is an 'at will' state, right? they can fire anyone for any reason (except illegal reasons like race/religion/etc)

but if it's a 'disability' you might have something to sue for

derp I'm an idiot...


anyway, yeah, I do think an autoimmune disease qualifies under disabilties.

 

[ghostman]

Hmm... I'm not sure her illness qualifies as a protected class. Perhaps under disability. Definitely talk to a lawyer and see if they think you have a case. Best of luck.

 

[l Xes l]

obviously, your girl wasn't being fire for being sick. Being sick was only loading the bullet.

 

[Gooberlx2]

Originally posted by: Canun
How long was she working there? How often did she miss work?

Her sickness bouts might have been much much more than anticipated when they hired her. The judge might find that her overall capability to contribute was low enough to warrant dismissal.

Then again, no clue about the circumstances.

She started last June and missed maybe only 5 or 6 days (due to various colds/flus or migraines) up until last month where she was out for a week or two because her stones were causing her kidneys to almost fail. Hell, she actually work through the majority of a fight with pnemonia in Feb.

 

[Gooberlx2]

Originally posted by: l Xes l
obviously, your girl wasn't being fire for being sick. Being sick was only loading the bullet.

Maybe, maybe not....but I'm pretty sure the whole "at will" thing only applies until they give you a reason of why you're being fired (so our lawyer friend tells us)....where they implicated her illness.

But, believe me, don't underestimate the fickleness, sleaziness and outright thievery of car dealerships in their dealings with both customers AND employees.

 

[Snoogums Boogums]

"At will" means they can terminate employment for no reason whatsoever

I'm suing you because this thread made me sick

 

[Gooberlx2]

Originally posted by: Snoogums Boogums
"At will" means they can terminate employment for no reason whatsoever

some lame thread-crapping jargon

Well, we'll see what the EEOC says...but actually there is something called the American Disabilities Act. After a quick skim on the EEOC website, there's something called a "reasonable accomodation" between a disabled person and the employer. I would guess, in my gf's case, that accomodation would be being allowed to call in on days she's sick...without worry of being axed. That was, afterall, part of their agreement when she took the job (though I dunno if there's any paperwork showing so).

 

[DukeN]

I'd pursue legal action

 

[Gooberlx2]

Originally posted by: DukeN
I'd pursue legal action

Yeah, that's what we're doing....I just wanted to see what ATOT thought of it, out of curiosity (and maybe some feelings of vindication )

 

[lrad50]

SUUUUEEEEEE

 

[codeyf]

I'd just look for another job. What good could possibly come of taking legal action? Is she hoping for her job back? If yes, why would she want to work for those SOB's again? Not to mention it'd be just plain awkward/wierd to go back becuase they were forced to take you back. Is she hoping for some sort of settlement? Would it really be enough to justify the time spent pursuing it?

Seriously tho, why not just move on and find another job?

 

[Gooberlx2]

Originally posted by: codeyf
I'd just look for another job. What good could possibly come of taking legal action? Is she hoping for her job back? If yes, why would she want to work for those SOB's again? Not to mention it'd be just plain awkward/wierd to go back becuase they were forced to take you back. Is she hoping for some sort of settlement? Would it really be enough to justify the time spent pursuing it?

Seriously tho, why not just move on and find another job?

Well, she's already on the search for a new job.

Here's, basically, what the employment lawyer told her:
- If he represents her then she'll get back pay and benefits...we HAVE to have the insurance because she just can't become pre-existing or it'll finincially sink us. He'll represent on a contingent basis where he takes 1/3 of the awards...hey 2/3 is better than nothing at all. He definitely thinks it's actionable and such that he referred her to the EEOC.

- If the EEOC represents, then it's because they feel it's a rights issue, thus an illegal and wrongful termination...in which case there could actually be some big money involved.

Regardless, yes, she's hunting for another job...but she can't find a decent one, who's willing to work with her illness (she always puts her cards on the table so the employer knows what they're getting into) ASAP, COBRA's gonna be hard to afford.

 

[isasir]

If you do COBRA while she's unemployed, then she finds a new job, will it be considered a pre-existing condition for the new insurance, or does there have to be a lapse in insurance?

 

[Gooberlx2]

Originally posted by: isasir
If you do COBRA while she's unemployed, then she finds a new job, will it be considered a pre-existing condition for the new insurance, or does there have to be a lapse in insurance?

You're not "pre-existing", so long as your coverage has no lapse. Many emplyers have a 3-or-so-month probation period before you're covered by their group policy....so wed have to pay for COBRA during those 3-months. This also the reason she's limited to working a job that offers an insurance plan (unlike where I currently work).

It's totally stupid...I hate the whole "pre-existing" thing....I mean, whether or not she's currently covered by insurance, she's always going to have the condition. The system is so damn borked, imo.

 

[DanTMWTMP]

Originally posted by: cKGunslinger
Tough one. I mean, the company is in business to make money, not solely to take care of its employees. Seems callous, but maybe not illegal, depending on your state's laws.

Originally posted by: Canun
How long was she working there? How often did she miss work?

Her sickness bouts might have been much much more than anticipated when they hired her. The judge might find that her overall capability to contribute was low enough to warrant dismissal.

Then again, no clue about the circumstances.

Ya, very true on both accounts. That's what I was thinking when I read the OP's post. Businesses can't just cater 100% to their employees. If it hurts them more to have the employee instead of making money off of him/her, then that employee is as good as gone.

You and your GF's situation must really suck, but, businesses can't afford to have an employee take too many sick days. Being on either side sucks. And no, I don't think her employers are SOB's or asses as many of you claim. They most likely had no choice but to lay her off, since she's become more of a liability, than an asset on their workforce. Bottom line, she's not worth it to them, due to an unfortunate disease



anyways, good luck. Hope everything works out.

 

[spidey07]

Originally posted by: Gooberlx2

Originally posted by: DukeN
I'd pursue legal action

Yeah, that's what we're doing....I just wanted to see what ATOT thought of it, out of curiosity (and maybe some feelings of vindication )

Well this ATOT member thinks this kind of behavior is truly discusting.

You can't just call in sick and not work without repercusions. Your GF now realizes this.

period.

There is a thing called short term disability. She didn't claim it and got canned.

You can't in one sentance say "disability discrimation" and not follow the proper channels.

oh, and you GF isn't disabled. What next? "I'm an alchoholic and can't work, therefore you should accomodate my 'disability'"

*puke*

-edit-
sorry for being so harsh. Hopefully she'll work it out, but sueing for something like this just seems wrong with me.

 

[OulOat]

Move to Canada.