I am handing my handle over to Miss mdmc for a human rights rant!

[mdmc]

Hi. This is Miss mdmc and I have an ethical question. In July I was hospitalized for bipolar disorder. I was cleared to return to work on August 7th and did so. I worked a grueling 2 1/2 day shift Thurs.-Sat. where I was allotted approximately 5 hours for sleep each night but also had to be available during the night in case of emergency. I worked in a residential setting with 10 people who were mainly schizophrenic and unstable. The shift was draining me and causing me severe anxiety. I reported this to Human Resources and asked if I could be transferred to another position within the agency that did not require overnight shifts. I also let them know that I would hold my position until a new one could be found for me. Halfway through my shift (Friday evening) the director of my program came to my job and told me that I had to leave and could not finish my shift. He felt that it was in my best interest. He said that my job would be waiting for me if I could get a new Dr.'s note. I was scheduled for a meeting with Human Resources on Monday. By the time I met with them my job had already been posted inter-agency as an open position. My meeting with HR went something like this. They reviewed positions with me that were not appropriate for me such as shipping and receiving. AT the end of the conversation I was told that I could either request an unpaid leave of absence or no longer be considered an employee of the company. I chose not to request a leave of absence which meant that I was fired. Today I get a letter from HR saying that although I did not request it, that they extended me a "courtesy" leave of absence. Then the letter states that either I must request an extension of that leave or I will be terminated for "unapproved absence". That of course means that they're trying to get out of paying unemployment. So, first of all can they do this? When I refuse to request a leave of absence and choose to take being fired can they invent a "courtesy" leave of absence? Secondly, am I being discriminated against for my mental illness. I feel violated. I have an immaculate work record with excellent annual reviews for the past three years and not one write up. Can they do this to me?

[OhioChick]

1. I'm sorry to hear this....

While I have no answers for you (I'm sure others will) it is without a doubt a case of discrimination. I wish you luck. :hug:

[mdmc]

4. thanks for the kind thoughts

I will get my own DU handle soon enough and post more at the disability & mental health DU group forums. :pals: I could use all the luck I can get.

[stillcool]

2. what happens with the leave of absence?

I've never had that option. Does that mean they leave you hanging?

[mdmc]

3. hanging out to dry

basically it means you sit home unpaid while they don't offer you any alternate positions and then pretend you didn't try to get a new position

[stillcool]

5. that sucks...why don't you just..

apply for unemployment benefits? Screw the letter. You worked there, and through no fault of yours, you're no longer working there(?) Hopefully someone will come along that will give you some good advice.

[brer cat]

6. You have been violated!

I feel so for you. My sister, an RN, was recently let "go" in an equally sh#^$ way after being hospitalized briefly for severe depression. You probably are being discriminated against because of mental illness, and they don't want to pay unemployment, so the first thing you need to do is check with your state unemployment office. My sister's hospital also tried to word her termination notice to avoid paying, but the DOL didn't buy it, and she is getting unemployment.

It is just horrid that you are having to fight for your basic rights. Best of luck to you, Miss mdmc. Please keep in touch.

:hug:

[EC]

7. Don't know for sure but go to your local

Dept. of Employment Relations(Human Services) and see what they say. You can maybe even check out their website and see if there is any info. They may say that it's an illegal firing or a hostile work environment. It doesn't hurt to check it out before you decide anything.

[mopinko]

8. apply for unemployment.

i have no idea what the labor laws are like in NY, but in IL, they can say you are anything they want, but it is dol that decides if you were fired or laid off. mostly, if you are available for full time work, they give you benefits. unless it was a firing for some big, hairy cause, the employer loses the spin war. and that is all this is.

good luck, and hang in there.