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?

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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.)

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.

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


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.

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


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.

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


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.

I agree with handing him the following

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


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.

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

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 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.