I started a new job, a good job almost six months ago, good desk job, about 4 months into the job the beast came a callin Since I started I have missed about seven days of work because of these damned headaches and left work twice and had to go into the back room, take my imatrix. While my boss was on vacation he told me to take the next few days off of work with pay, turns out one of the workers thinks as well as he does and now so do the rest of the 4 workers thinks im a recovering heroin addict or alcholic or somthing,he says he has known addicts and all my symptoms mimic an addict. ive showed him my verapamill, my imatrex, my topamax, my o2 all the shit im on and still he says that addicts will go to any lengths to cover there addictions. I have offered to put him on my HIPA so he can talk to my DR. and he says he will but it still does not prove that the headaches are not caused from the recovery, he finds it hard to believe that for months i was fine and out of the blue im "struck" with this affliction, I have had this beast, this devil, for 15 years, i even told him about it a month after i started that i may have them, i hadnt had them in 3 years just thought i should be a good employee and inform my new boss. now he took that as "covering my tracks" for future falling off the wagon. Its not even like 7 days is alot in six months is it? im allowed my sick days. He claims the workers are not comfortable around me at work. wierds them out. There is one person who started this all. Anyone help here, if he goes through with my termination is there definamtion of character lawsuit here or anything, my condition is well documented medically. I SO HATE THESE HEADACHES, THEY DESTROY EVERY ASPECT OF MY LIFE. Im really scared this will push me over the edge, no savings, on top of everything my boss was 2 months over due on starting my health insurance and i have had to pay all my scripts out of pocket in the tone of thousands, mostly due to the imatex, i dont have to tell you guys. that alone should be a lawsuit i would think. I should give you guys he email and let you give him an idea of what its like to be a suffer. any Lawers out there. Do I have a case?

Hi there.

I really don't have any legal advice or anything, but I just wanna say I feel very sorry for your current situation. It must be an added insult to injury when they suspect you of being some sort of addict. As if battling the Beast wasn't horrible enough of itself.

Hopin' here for ya that you will get back your job, with your boss a bit more educated and less suspicious.

Best wishes from the Netherlands.

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Sec. 12112. Discrimination

   (a) General rule

   No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

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This is Questions and Answers regarding the rules.  Might be a little easier to understand the rules if you read this first.

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More basic information about the rules and questions and answers.

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What to do if you think you've been discriminated against.

Most attorneys have free consultation, some for 30 minutes, some for an hour, some for however long that first call is, some you can ask for the consultation as an in-office visit.  You can find attorneys in the yellow pages of your phone book or here (not sure if it's everywhere) you can go to the city library and they have a bar registry to look up attorneys and their job fields.  You'll want to ask them what their fields are and if they do ADA (Americans with Disabilities Act).  If they don't, you can always ask if they have a bar registry look up to refer you to someone who does.

It's awful what you're going through and if you didn't need the job, I'd say you were better off than having to work for that asshat and in that environment.  Hopefully this jerk gets what's coming to him and you find a much better job.

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===========And see,

AMERICANS WITH DISABILITIES ACT. An outline of your rights to refuse to give information about health issues during a job interview. See in archives, 8/5/01, message, "ADA:job interviews and chronic illness. Your rights...."

(You will have to go to the old message board to get this last item.)

Good morning everyone,
Supporter here that has to call the boss on the bad mornings to
say he'll be late.
You could always print out some info for your boss that tells
him to watch your eye. The eye is always be best clue to the beast with my husband.
My husband is pretty lucky that his boss understands.

I guess you could offer to take a drug test and give him a letter from your doctor documenting a diagnosis of CH.  At that point, he would have all the FACTS.

7 days sick in 6 months IS a lot.  Most jobs I have had gave me like 5 sick days a year.  

With that said, seeing someone get hit is frightening if you aren't used to it.  

All said, read the above links and see where you stand  legally and good luck.  I hope it all works out for you.

Your boss has no business discussing your health with you, unless you bring it up. Saying you are an addict is stepping over the line. Do not add him to your HIPPA release, it's not his business.

He also cannot refuse to delay your medical insurance, once you are eligible for it. File for FMLA (Family Medical Leave Act), he can't fire you then for missing work.

Your co-workers may have their thoughts and feelings, but it is also not their business. I'd consult with an attorney on this, he is breaking the law.

Missing 7 days since you have been there is a lot of missed work (sick time), do you use O2? Do you have a small tank you can keep in your car, or bring in and use? They must allow you to use it if needed. If you need to use your trex, can you do it in the restroom?

I know it's a royal bitch to get hit at work, maybe you and your doc can work on a different plan for aborting the CH. Have you tried RedBull? It helps a lot of people to abort or take the edge off a hit.

I use shots of imitrex at work, fill my syringe from a vial, and I've done this right in front of my boss. His wife is a diabetic, so he didn't even notice me doing it.

But I'd definitely see an attorney, for failing to insure you when the time came, you should be able to file claims back to the original start date. Also for his comments about you being an addict, and for violating disability laws. Sounds like a real jerk.

Good luck!

FramCire wrote on Jul 11^th, 2008 at 12:12pm:

I guess you could offer to take a drug test and give him a letter from your doctor documenting a diagnosis of CH.  At that point, he would have all the FACTS.

Fram, a doctor won't write a letter to an employer with a diagnosis, it's breaching patient confidentiality. There is no reason the employer can't take his word at face value. And offering to take a drug test is basically dong the same thing. If he was required to take one at starting employment, fine, he got hired, and if it's necessary to take one once in awhile, due to the work he does, that's one thing, but he doesn't have to offer to do it. I sure wouldn't. I consider my health to be my own business, and my explanation to my employer as to why I use shots was fine with him. I get cluster headaches, and this is imitrex, which I am prescribed for by my doc. That was good enough for him.

The letter that is available here to your family and employer, describing CH and what you may need to do should be enough. The boss is overstepping his bounds.

Legal, schmegal.  I worked for a place that had lots of hirings and layoffs.  If an employee or a spouse had any health issues, they seemed more likely to be on the layoff list (ditto for blacks and women, and anyone smarter than the boss).  The company knew how to stay just on the right side of the legal line.  I'm not aware that any lawyer ever took up a case against them.  Fortunately, I got to give them the boot, before they got me.

That said, 7 days sick in 6 months is a lot.  People are gonna talk.

Sounds like you have a boss issue and some catty co-workers.  Try to sit down with the boss; the letter from OUCH may help.  It would be good if you can work it out.

It sounds like your episodic.  Think about moving on if when out of cycle if the guy won't come around.

I'm pretty fortunate right now.  When in cycle, I let my boss know that I may get hit with a couple debilitating headaches at a moment's notice, over a period of a couple months.  But the duration of each is an hour, and I'm fine afterwards.  Just stay outta my way when it hits - I know what to do.  A regular schedule and a few coffees or redbulls during the day usually postpone the hits until the evening or night.  So I'll only need to duck out two or three times per cycle.  And I make up the lost time.  So that's my way of keeping the beast at bay.  Evenings and nights suck, but I still have a good job.  In the grand scheme of things, he's got a lot more personnel issues with some other folks.

I hope that you can get this worked out.  I hope that you can get a little better control over the beast.  Sorry about my rant on the legals.  But if it gets to that, you'll probably never win even if you win.

I hope your hits are mild and your cycle short.

purpleydog wrote on Jul 11^th, 2008 at 7:58pm:

FramCire wrote on Jul 11th, 2008 at 12:12pm: I guess you could offer to take a drug test and give him a letter from your doctor documenting a diagnosis of CH.  At that point, he would have all the FACTS. Fram, a doctor won't write a letter to an employer with a diagnosis, it's breaching patient confidentiality. There is no reason the employer can't take his word at face value. And offering to take a drug test is basically dong the same thing. If he was required to take one at starting employment, fine, he got hired, and if it's necessary to take one once in awhile, due to the work he does, that's one thing, but he doesn't have to offer to do it. I sure wouldn't. I consider my health to be my own business, and my explanation to my employer as to why I use shots was fine with him. I get cluster headaches, and this is imitrex, which I am prescribed for by my doc. That was good enough for him. The letter that is available here to your family and employer, describing CH and what you may need to do should be enough. The boss is overstepping his bounds.

1.  Doctor's routinely write letters to employers confirming diagnosis, disability, or ability to return to work.  I have spoken to a doctor who says this happens routinely.  A patient may sign a waiver to allow their records or medical information to be shared with anyone they wish.  The doctor I spoke to sconfirmed that she would be willing to do this in this particular case if it were her patient.

2.  I don't have any problem with an employer who wants to make sure they don't have a drug addict on staff.  If he suspects it, I would have no problem submitting to a drug test to prove i am clean.  If you do have that problem, fine.  I don't.  I think the problem I see here is that the poster waited until AFTER he was hired to tell his boss.

3.  Once you have documented your CH, hopefully he will see that it explains all your behavior/issues.  At that point he decides whether or not you are able to do the job you were hired to do.

I think your problems are that you didn't tell him up front and that you attendance IS a big issue (you said you told him a month into the job).  Why shouldn't an employer be able to fire an employee who he can't depend on showing up?   (according to your initial post you missed 7 days AND left home 2 other days - in 2 months time, since the beast didnt calluntil 4 months into the job).  I mean 9 times in 8 weeks is a ton.  As a boss, can you keep an employee who leaves or doesnt show up 1 time a week.

If he fires you because the employees are having problems with your illness, that seems like a legal issue that you could win.  If he fires you due to attendance and/or lack of disclosure of a medical condition, I think you will lose a legal battle there.  If I am right, most applications ask you for any RELEVANT medical conditions you might have that might impair your ability to do the job you are looking for (at least almost all the ones I have filled out have that).  If you didn't tell him up front about your CH, you can be dismissed for your lack of disclosure, I believe.

Ones medical information is confidential and none of your bosses business  UNLESS if effects your job.  Sadly, CH is effecting your job.    Hopefully, once he sees that your are not a drug addict, he will keep you on and maybe you can find abortives that allow you not to miss work.

I hope this didn't come off rude or confrontational.  I wish you pain free days and I hope your boss can work things out with you to keep you on.

FramCire wrote on Jul 12^th, 2008 at 10:33am:

1.  Doctor's routinely write letters to employers confirming diagnosis, disability, or ability to return to work.  I have spoken to a doctor who says this happens routinely.  A patient may sign a waiver to allow their records or medical information to be shared with anyone they wish.  The doctor I spoke to sconfirmed that she would be willing to do this in this particular case if it were her patient. 2.  I don't have any problem with an employer who wants to make sure they don't have a drug addict on staff.  If he suspects it, I would have no problem submitting to a drug test to prove i am clean.  If you do have that problem, fine.  I don't.  I think the problem I see here is that the poster waited until AFTER he was hired to tell his boss. 3.  Once you have documented your CH, hopefully he will see that it explains all your behavior/issues.  At that point he decides whether or not you are able to do the job you were hired to do. I think your problems are that you didn't tell him up front and that you attendance IS a big issue (you said you told him a month into the job).  Why shouldn't an employer be able to fire an employee who he can't depend on showing up?   (according to your initial post you missed 7 days AND left home 2 other days - in 2 months time, since the beast didnt calluntil 4 months into the job).  I mean 9 times in 8 weeks is a ton.  As a boss, can you keep an employee who leaves or doesnt show up 1 time a week. If he fires you because the employees are having problems with your illness, that seems like a legal issue that you could win.  If he fires you due to attendance and/or lack of disclosure of a medical condition, I think you will lose a legal battle there.  If I am right, most applications ask you for any RELEVANT medical conditions you might have that might impair your ability to do the job you are looking for (at least almost all the ones I have filled out have that).  If you didn't tell him up front about your CH, you can be dismissed for your lack of disclosure, I believe. Ones medical information is confidential and none of your bosses business  UNLESS if effects your job.  Sadly, CH is effecting your job.    Hopefully, once he sees that your are not a drug addict, he will keep you on and maybe you can find abortives that allow you not to miss work. I hope this didn't come off rude or confrontational.  I wish you pain free days and I hope your boss can work things out with you to keep you on.

1.  This is true.  Am I the only one that had to bring in doctor notes when I was sick at school?  I even had to bring one in a few times for work when I had tonsilitis.

2.  Drug addicts, yes.  Alcoholics, no.  As long as the alcoholic isn't coming in drunk or drinking at work.  But illegal drugs, he has a right to not hire or fire.

3.  No, no, no, no, no. lol

"No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring..."  "(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;"  "(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability"

Basically the employer has no right to decide whether the employee can do the job or not because of the disability.  He is also required to make reasonable accommodations for the employee depending on the disability.  

Q. Can an employer establish specific attendance and leave policies?

A. An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave. An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave.

A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship.

9 days in 2 months time is hardly undue hardship.  Especially since the employee is episodic and could make up those days at a later time when he's out of cycle.

Audre wrote on Jul 12^th, 2008 at 11:24am:

[quote author=2612010D23091205600 link=1215665777/0#10 date=1215873181] 3.  No, no, no, no, no. lol "No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring..."  "(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;"  "(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability" Basically the employer has no right to decide whether the employee can do the job or not because of the disability.  He is also required to make reasonable accommodations for the employee depending on the disability.   Q. Can an employer establish specific attendance and leave policies? A. An employer can establish attendance and leave policies that are uniformly applied to all employees, regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get such leave. An employer also may be required to make adjustments in leave policy as a reasonable accommodation. The employer is not obligated to provide additional paid leave, but accommodations may include leave flexibility and unpaid leave. A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual because of his/her disability. However, if an individual with a disability requests a modification of such a policy as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue hardship. 9 days in 2 months time is hardly undue hardship.  Especially since the employee is episodic and could make up those days at a later time when he's out of cycle.

9 days in 2 months is 1 per week.  How is missing %20 of the work week NOT undue hardship??

I am not a lawyer, but are you saying that an employer has to hire people unable to do their job?  He said this was a desk job.  He has to be able to be at his desk to do the job, if he can't, an employer is now forced to keep a person in a job that they can not do??

"Basically the employer has no right to decide whether the employee can do the job or not because of the disability.  He is also required to make reasonable accommodations for the employee depending on the disability.  "

I am sorry but this makes no sense.  The employer HAS TO decide whether or not (with REASONABLE accommodations) an employee is still able to function.  If the answer is no, the employee could go on disability (except in this case the disability was pre-existing that the employer was NOT made aware of prior to hiring).

As for episodic s being able to make it up..... most jobs I have had offered 2 weeks vacation and a few sick days a year AFTER 6 months.  If they are willing to let him make it up, it would mean he would have 1-4 days off for the next 12 months and if he stays in cycle or has another, he will never have time off for vacation or another illness as he will always be MAKING UP TIME.

The bottom line is to first show the boss this isn't drugs.  I think the boss has right to be proved that it isn't  Once he sees it isn't drugs, you and he should sit down and see if it is feasible for you to do the job as it is required (with reasonable modifications).  Your co-workers opinions of your situation should have NO NO NO Effect on this discussion.  Once that is done, hopefully you can agree on a course of action.

May your days be pain free and may you be employed in the future at a job that you are happy with.

Yeah, that's a lot of missed days in a short amount of time, but really for a medium sized office, that's not undue hardship.  If it was just the boss and this one employee, yes, that's undue hardship.  Even if it was, the employee could opt to have non-paid sick days for when it's unbearable and go into another room to take a shot/oxygen and recuperate.  I'm not saying to give them however many days off they want, but they should be more lenient towards him during this period of time.  When he's not in cycle, he can opt to pick up some of the work his fellow employees are doing, he can work an hour or two extra a night without pay, etc.  There are ways to make up for missing days.

The employer has to provide reasonable accommodation for him.  He can do his job 80% of the time so there should be accommodations made for him.  And yes, the employer is forced to keep him, especially if he is episodic, eventually this will pass for awhile and he'll be 100%.  If the employee posed some kind of health or safety risk, then no, he obviously cannot keep working there.  

What I was trying to say is that the employer cannot just assume that because he's disabled he cannot do the work.  Sorry, kind of hard to put into words what I'm thinking so everyone else can understand.  Been struggling with the beast all last night and today so my mind's a little beat.  I do agree with the last paragraph, except he shouldn't have to go to such great lengths to prove it's not illegal drugs.  He showed him the prescriptions and offered to let him talk with his doctor, he's already done more than he should have to, in my opinion.  He should have (and still should) sit with the employer, explain to him how CH works, how long your cycle is and work out a plan for when you're in cycle, something you both can work with.

I agree with handing him the following

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E-Double wrote on Jul 12^th, 2008 at 5:57pm:

I agree with handing him the following START PRINTPAGEMultimedia File Viewing and Clickable Links are available for Registered Members only!!  You need to or END PRINTPAGE

I try to do EVERYTHING E-Double tells me.  He seriosuly has never led me asrtray.

Also, I think we all need to remember that CH may not even be classified as a disability.  So, some of the legal arguments may be moot since we are not technically disabled.

FramCire wrote on Jul 12^th, 2008 at 6:02pm:

Also, I think we all need to remember that CH may not even be classified as a disability.  So, some of the legal arguments may be moot since we are not technically disabled.

We want the ADA definition of disability, not the Social Security definition.  

ADA:  Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't.

To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

ADA is about working with a disability, Social Security is usually when you can't work so they tend to be a lot more strict with their definition.

FramCire wrote on Jul 12^th, 2008 at 6:02pm:

E-Double wrote on Jul 12th, 2008 at 5:57pm: I agree with handing him the following START PRINTPAGEMultimedia File Viewing and Clickable Links are available for Registered Members only!!  You need to or END PRINTPAGE I try to do EVERYTHING E-Double tells me.  He seriosuly has never led me asrtray. Also, I think we all need to remember that CH may not even be classified as a disability.  So, some of the legal arguments may be moot since we are not technically disabled.

:-*

you will get a ton of compassion here but you will also get a swift kick in the tushie.
1) find the tools you need to use to make it easier to cope with your condition
2) once you have found it don't let anything get in your way!
3) educate people but do not expect people to understand.
4) once you educate them don't let anyone get in your way!
5)no excuses! live your life regardless of having CH or a hangnail

There are many who deal with CH in a chronic state who do not miss work due to it.
I am not going tit for tat nor should anyone, however....We miss work because we are sick, dying (g-d forbid), injured or have family crisis.
If you find your bullet whether it be meds or alternative, CH should not get in the way of your job unless you are having an attack while performing surgery or handling dangerous machinery. If not then you will learn to cope and live a normal life....for the most part. ;)

hugs and educate the ignorant

While my first week was absolute misery, I only missed a couple hours of work.  This was due to some wasted time in the ER.  From there, I got with a good Neuro and have been able to find the meds to limit the frequency and intensity of my attacks.  As far as my boss is concerned, I gave him all the information that I think he needed and he's been very supportive.  It doesn't hurt that I average about 10 hours a day working.  Luckily, I enjoy my work and can work from home anytime I want.  With that said, after an attack, I'm usually back in work mode.  The hardest part for me is only getting 3-4 hours sleep some nights and trying to be fresh and ready for a days work.

This is just my experience and I hope you find it helpful.

Take care,


Matt

This is the USA, where everyone has more rights than they know what to do with.
In my state, you can not fire a person who is an addict.  The addiction is considered by liberals to be a medical condition that the addict is helpless to control.  The employer has to try to help the employee, by sending them to rehab or something.  (I've seen this first hand.  A person sued and won when they were fired for being high and drunk.  They did not dispute that they were high and drinking on company property, they sued because the employer fired her due to the addiction, which she had no control over)

In your case, it seems like you were fired because they think you are an addict.  If you are an addict, you should sue that they discriminated against you.  If you are not an addict, you should sue them for defamation.    

I'd like the name of this company posted so we can blast them with mail and bad publicicty.  I know some wouldn't like that idea but this shit makes me sick. F' em

I have lost a couple of jobs due to clusters.  I usually managed to get through the first 3 weeks of a cycle pretty well-almost all my hits were at night so I was just increasingly sleep-deprived (which can be dangerous).  

This cycle has been very different-it began in Feb 2005 and hasn't ended yet.  The hits are daytime and night time...the old stand-bys (O2, verap) aren't cutting it.  I lost my job on June 2005 because there was no way to accommodate my CHs.  O2 wasn't working (and yes, I was using it correctly) but the combination of exhaustion and random high level hits during the workday was certainly affecting my work.  

I resigned due to the headaches.  The employer wanted to ensure they were ADA compliant, so they had an accomodation meeting.  
My point:

employers and public entities are supposed to be ADA compliant.  CH is considered a disability.

A case can be successfully made for Chronic CH to be a disability as defined by the Social Security Administration.  And the VA.

Here's hoping you get the matter cleared up in a proper way and
PFDAN
kathy

I guess I look at things differently.  If you can perform your job, do it.  If you can not, your boss shouldn't have to pay you.  If you are disabled and unable to do a job you used to be able to do, your disability insurance should pay you.

Also, you need to keep exploring all abortive s to find a way that you can stay at work as much as possible.  

I couldnt care less about coworkers.  they should have no say as long as you can do your job (even if you have to take a few minutes to shoot up trex/do O2/whatever), that isnt their business.

Anyway, I have so much respect for Kathy.  It takes real integrity to leave a job because you feel you can't perform and not force your employer into a legally tough spot.  I am sorry it comes to this for any of us.  

Anyway,  my hope for everyone is enough pain free time to not only do what you need to in order to earn a living, but also enough pain free time to enjoy life.