Author Lauriebell82 Posted May 11, 2011 Author Share Posted May 11, 2011 i still think you must have had something happen besides this - why not simply go directly to them and ask them what you did that made them fire you? you are ASSUMING it's the epilepsy - but it may not be that at all... Yeah, I actually was curious if it was something besides that when they were firing me. I asked them repeatedly for an explanation and to clarify what "not a good fit" meant (moreso so that I could work on whatever I did that was problematic) and they refused to give me an explanation, even telling me flat out it WASN'T my perfomance or ability to do the job. If it was personality they legally they could have told me that when they were firing me, as that doesn't have to do with Epilepsy. But they didn't say that, so what else is there? Link to post Share on other sites
2sunny Posted May 11, 2011 Share Posted May 11, 2011 Yeah, I actually was curious if it was something besides that when they were firing me. I asked them repeatedly for an explanation and to clarify what "not a good fit" meant (moreso so that I could work on whatever I did that was problematic) and they refused to give me an explanation, even telling me flat out it WASN'T my perfomance or ability to do the job. If it was personality they legally they could have told me that when they were firing me, as that doesn't have to do with Epilepsy. But they didn't say that, so what else is there? so - if it isn't your inability to do the job - then they didn't fire you because of discrimination - or epilepsy. it may just be that your personality wasn't congruent with what they expected or what they were looking for. don't take it personally - it happens. to file a law suit - whether you may be right or wrong can be feeding into a very negative energy path - whether you like it or not - whether you "win" or not - the negative energy may very well eat you alive. it can easily kill the spirit of the person - i don't recommend it to anyone. watched, it, been there, it's a killer for sure... whether it's right or wrong - filing a suit has many negative impacts on your well being. if you choose this path - be prepared to show up with all the courage and strength you may get for a lifetime. it sucks! Link to post Share on other sites
Author Lauriebell82 Posted May 11, 2011 Author Share Posted May 11, 2011 so - if it isn't your inability to do the job - then they didn't fire you because of discrimination - or epilepsy. it may just be that your personality wasn't congruent with what they expected or what they were looking for. don't take it personally - it happens. Well, if you read further up in the thread, the feedback prior to that day was very positive ability and personality. I was never given one single comment regarding my personality, my supervisor actually praised me on how well I fit in with the rest of the therapists. It could be a personality issue, however they don't have evidence towards the fact that it was. They don't have any negative feedback evidence period. to file a law suit - whether you may be right or wrong can be feeding into a very negative energy path - whether you like it or not - whether you "win" or not - the negative energy may very well eat you alive. it can easily kill the spirit of the person - i don't recommend it to anyone. watched, it, been there, it's a killer for sure... whether it's right or wrong - filing a suit has many negative impacts on your well being. if you choose this path - be prepared to show up with all the courage and strength you may get for a lifetime. it sucks! You are right that it would be a hard road. There are positive and negative consequences to it. I'm going to do what I feel is right and I really do appreciate all the support and feedback from everyone. Thanks. Link to post Share on other sites
Star Gazer Posted May 12, 2011 Share Posted May 12, 2011 so - if it isn't your inability to do the job - then they didn't fire you because of discrimination - or epilepsy. How on earth do you come up with that conclusion? Link to post Share on other sites
Star Gazer Posted May 12, 2011 Share Posted May 12, 2011 Getting in late here. Have you filed a complaint with the EEOC? What's the deadline on that, Star? I think it's either 180 or 270 days. I don't know enough about PA procedural law to say. In CA, we rarely file EEOC charges (only if a federal employee is involved), and instead file a charge with the DFEH. But because we have a state agency (DFEH) that enforces the same prohibitions against discrimination as the EEOC, our deadline for an EEOC charge is 300 days. We also have 1-year to file the DFEH charge. The employee can then let the DFEH investigate and possibly sue on his/her behalf. If the DFEH investigates and doesn't find enough evidence, they issue a "right-to-sue" to the employee, allowing them to proceed to state Court. Because the DFEH is so backlogged, it takes them a year or longer from the date of filing to even begin the investigation process (and in all honesty doesn't do a thorough investigation at all - a little more than a phone call to the complaining employee and the HR person at the company). That, and they typically don't recover as much as a private attorney would. So most employees file the charge and request an immediate "right-to-sue." The DFEH charge is required to file suit in CA state court, an EEOC is not required to file suit in a CA state court. Her attorney will advise her regarding the statutes of limitation and the procedural hurdles she must jump over before actually filing a lawsuit (IF that's what she chooses to do)... but seeing as this happened so recently, she's got plenty of time to decide what to do, and should take her time doing so. But as I've suggested, I don't think she should discuss her plan of action here, or even the details, really. Link to post Share on other sites
laRubiaBonita Posted May 13, 2011 Share Posted May 13, 2011 so - if it isn't your inability to do the job - then they didn't fire you because of discrimination - or epilepsy. it may just be that your personality wasn't congruent with what they expected or what they were looking for. don't take it personally - it happens. to file a law suit - whether you may be right or wrong can be feeding into a very negative energy path - whether you like it or not - whether you "win" or not - the negative energy may very well eat you alive. it can easily kill the spirit of the person - i don't recommend it to anyone. watched, it, been there, it's a killer for sure... whether it's right or wrong - filing a suit has many negative impacts on your well being. if you choose this path - be prepared to show up with all the courage and strength you may get for a lifetime. it sucks! i am kinda thinking this way too 2sunny........ How on earth do you come up with that conclusion? not to be terribly mean or disrespectful, but this is LB- and it seems that what LB tells us is not always the whole story- or at least not the story without her spin on it.... is all i am saying. but regardless it sucks that she got fired. Link to post Share on other sites
2sunny Posted May 13, 2011 Share Posted May 13, 2011 How on earth do you come up with that conclusion? she's assuming it's her epilepsy... yet she says she has the ability to do the job - yet she's saying it's her disability. it's all a conflict - is it her ability or disability that's in question here? Link to post Share on other sites
Author Lauriebell82 Posted May 14, 2011 Author Share Posted May 14, 2011 she's assuming it's her epilepsy... yet she says she has the ability to do the job - yet she's saying it's her disability. it's all a conflict - is it her ability or disability that's in question here? Unfortunately Epilepsy is one of those disorders/disabilities that are not understand. Employers and just people in general automatically assume I am going to have a seizure, and even though I am controlled with medication it's possible that I could have a seizure one day due to change in hormones, aging, ect. So maybe they are attempting to prevent the stigma of having an employee have a seizure on their property because it would tarnish their reputation and possibly lose clients over it. Clients will tell future potential clients. They run a business, not a rehab. Link to post Share on other sites
threebyfate Posted May 14, 2011 Share Posted May 14, 2011 Good luck with your situation Lb! Best not to say too much if you're taking legal action, particularly if you've ever posted or surfed LS from your previous employer. Link to post Share on other sites
laRubiaBonita Posted May 14, 2011 Share Posted May 14, 2011 Okay, more info. Anyway, I have worked for this very small rehab for about 2 weeks, my husband and I recently moved. They run a business, not a rehab. sooooo... is it a rehab.... Or a business????? Link to post Share on other sites
2sunny Posted May 14, 2011 Share Posted May 14, 2011 she's assuming it's her epilepsy... yet she says she has the ability to do the job - yet she's saying it's her disability. it's all a conflict - is it her ability or disability that's in question here? sooooo... is it a rehab.... Or a business????? i didn't mean conflict - meant contradictions... Link to post Share on other sites
laRubiaBonita Posted May 14, 2011 Share Posted May 14, 2011 i just want to know what the past 2 weeks were like there? it is hard to assess the proper reaction based upon a one-sided account. Link to post Share on other sites
Art_Critic Posted May 14, 2011 Share Posted May 14, 2011 Anyway, I have worked for this very small rehab for about 2 weeks i just want to know what the past 2 weeks were like there? it is hard to assess the proper reaction based upon a one-sided account. It doesn't sound like it was 2 weeks.. but almost 2 weeks.. It sounds like it could be anybody's guess since she was let go as soon as she disclosed her disability. If she had not disclosed her disability would she have been let go anyhow ?.. anybody's guess. They said it wasn't a good fit...It sounds like they were loving her up till the point of the disclosure though. Since it seems this is going towards legal action then what is on her employee record for those 2 weeks might also bear some importance to why she was let go. I also think that since SG isn't her lawyer and since she isn't able to practice law in her state I think she might be doing LB a disservice in that she might be fueling something that really isn't there. LB did say she had already had an attorney before all the legal advice started. LB needs to listen to her lawyer and make up her path based on their case together rather than what we post here. I really wish that LB hadn't of posted this thread and just dealt with it behind closed doors, since nobody really knows how much info the employer might have. ie: maybe they know she posts on LS... If she uses her cell phone from work hopefully she has never attached it to the company's wireless network before since phones use broadband internet connectivity before cellular and don't give you the preference. When you walk into the building the phone automatically switches over to the broadband network that it knows all about.. Which they most likely log all access on. Link to post Share on other sites
Star Gazer Posted May 14, 2011 Share Posted May 14, 2011 she's assuming it's her epilepsy... yet she says she has the ability to do the job - yet she's saying it's her disability. it's all a conflict - is it her ability or disability that's in question here? If it was her ability to do her job, or her performance, that was the issue, they would have said that. They'd have no reason not to - it's good cause to fire someone. But they didn't. They gave a vague excuse, without any explanation. In the weeks she was there, and just prior - merely HOURS - to her termination, and immediately before she disclosed her epilepsy, they were complimenting her performance, personality, the way she handles clients/patients, and were selecting and purchasing new furniture specifically for her office. Then she discloses her epilepsy, and BAM! they terminate her right away stating it's not a good fit. It's discrimination. She was terminated because she has epilepsy. There's no other way around it. Link to post Share on other sites
Star Gazer Posted May 14, 2011 Share Posted May 14, 2011 I also think that since SG isn't her lawyer and since she isn't able to practice law in her state I think she might be doing LB a disservice in that she might be fueling something that really isn't there. LB did say she had already had an attorney before all the legal advice started. LB needs to listen to her lawyer and make up her path based on their case together rather than what we post here. Her lawyer's advice is the same as mine, so I'm not exactly doing her a "disservice." What a lame thing to say. There's also a lot of details that aren't included in this thread, per my and others' advice. It's not wise for LB to discuss this particular situation openly like this. Link to post Share on other sites
Art_Critic Posted May 14, 2011 Share Posted May 14, 2011 (edited) Her lawyer's advice is the same as mine, so I'm not exactly doing her a "disservice." What a lame thing to say. There's also a lot of details that aren't included in this thread, per my and others' advice. It's not wise for LB to discuss this particular situation openly like this. Exactly.. you are carrying on a legal advice conversation behind the scenes of LS about it all the while you are not her attorney. Yet you boast on this thread about your advice that you are giving to her yet she isn't allowed to post about it according to you.. Yes.. IMO you are doing her a disservice SG.. Like my opinion or not SG, I'm allowed to have it. Edited May 14, 2011 by Art_Critic Link to post Share on other sites
TaraMaiden Posted May 14, 2011 Share Posted May 14, 2011 I'm not being argumentative, but I think Art has a point. If you are not her legal counsel, you really shouldn't even be getting involved.... It's unfair to Laurie, and it is unfair to her counsel, because it undermines his (or her) singularly employed authority. Wherever you are, in the 'scene'.... Link to post Share on other sites
Art_Critic Posted May 14, 2011 Share Posted May 14, 2011 I'm not being argumentative, That is a good point and one that I wanted to also say.. I'm not trying to be argumentative either and didn't want to put SG on the defense as much as I wanted to try and help LB. Link to post Share on other sites
Author Lauriebell82 Posted May 15, 2011 Author Share Posted May 15, 2011 I posted this thread before I even knew what I was going to do, legal or otherwise. I had no idea what was going on, I just needed someone to talk to about it. Anyway, thanks for all the advise everyone, I agree it would probably not be wise to continue to post about this situation. Thank you all very much for your input and support. Link to post Share on other sites
sb129 Posted May 17, 2011 Share Posted May 17, 2011 Just wanted to say best of luck LB with whatever course of action you take. Really sorry to hear about this. Link to post Share on other sites
Author Lauriebell82 Posted May 18, 2011 Author Share Posted May 18, 2011 Just wanted to say best of luck LB with whatever course of action you take. Really sorry to hear about this. Thank you so much. Thankfully I got a job yesterday so maybe this all happened for a reason, fate and all that! Link to post Share on other sites
denise_xo Posted May 18, 2011 Share Posted May 18, 2011 Thank you so much. Thankfully I got a job yesterday so maybe this all happened for a reason, fate and all that! That's great news, congratulations Link to post Share on other sites
donnamaybe Posted May 18, 2011 Share Posted May 18, 2011 Thank you so much. Thankfully I got a job yesterday so maybe this all happened for a reason, fate and all that! Yayyyy LB! Link to post Share on other sites
D-Lish Posted May 18, 2011 Share Posted May 18, 2011 That's great news LB- is it in the same field? Link to post Share on other sites
Author Lauriebell82 Posted May 18, 2011 Author Share Posted May 18, 2011 That's great news LB- is it in the same field? Yep! Same job/position also, drug and alcohol counselor. The facility is a lot like what my old job was (before we moved) so I'm very excited! Link to post Share on other sites
Recommended Posts