Re: Re: type of surgery

[Guest guest]

I have a question. How do I find out more information about being fired and being protected under the US ADA laws. I was fired from my job last year. I had been hospitalized twice for complications from the cholesteatoma and had a note that stated I was not able to drive because of the pills I was on and symptoms I was having. While I was in the hospital my manager came to see me and told me not to worry about my job that it was safe just to focus on my health and getting better. This was in June 2010. In August I had emergency surgery for an abscess related to the cholesteatoma and then 3 weeks later in mid September 2010 I had yet another surgery to remove the cholesteatoma. I called my employer in October and asked them to be released back to work what my note needed to say and my manager said...oh yeah about that...we hired a temp while you were sick and have decided to keep him and let you go...my manager and I got into a verbal confrontation and I said What and now you just decided to tell me this...you told me my job was safe blah blah blah. The company is small and I told her I would sue them and she said well because we are a smaller company you can try but you are not protected under the law we can terminate you at any time for any reason. I was so ticked off. So are you saying that I could and should have had support behind me then?? They have since hired a few more people.

JenniOn Thu, Apr 28, 2011 at 9:49 AM, diane@... <diane@...> wrote:

 

I work in a heart surgeon's office, and have for many years. The term " elective " simply refers to the timing of the procedure.  Doesn't mean it's not necessary.  It's not the same as " cosmetic " .  We have patients who need cardiac surgery, and it's considered elective unless they have chest pain.  Cholesteatoma surgery is usually elective, unless you have symptoms of meningitis or some kind of emergent complication from c-toma.  

Also, it is illegal for an employer to retaliate against a bona fide disability, whether long or short term.  If confirming information is provided from your doctor, whether by state or federal or employer forms, or a doctor letter, you are protected by the US ADA laws. An employer cannot demote or fire you, or reduce your pay after or during your disability, except for the days you are not actively working. If you return to work, your employer must make necessary accommodations for your disability. For example, if you have residual hearing loss, they'd have to provide telephone amplification for you if needed.  (I also do HR and medical insurance admin, so if you have any insurance or employee questions, feel free to ask.)