FramCire wrote on Jul 12th, 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.