Job termination

[Dee-dee]

Has anyone been laid off for "job elimination" after disclosing to an employer (all bosses) that they have an acoustic neuroma?

Update:  I was reinstated and am on disability.

[TJ]

Dee Dee

I am not a lawyer, but I believe that is very much against the law.  Take a look at the American with Disability Act.  It protects workers from this happening.

TJ

[leapyrtwins]

I'm with TJ.  If the reason you were laid off was your AN, it's definitely job discrimination.

I'm not one who goes looking for lawsuits, but in this case if it were me, I'd at least consult with a lawyer.

First consults are typically free.

Good luck, and please keep us updated.

Jan

[Kaybo]

Did they cite (?) any documentation when they dismissed you? We used to own a business and my husband kept very detailed records & would not someone go until he had a certain number of documented infringements, usually that he had called them in for...

K 

[Dee-dee]

They said job elimination and are splitting my job among two exisiting workers.  How is that job elimination.  I won't have medical coverage and I am pre-treatment. Will have to pay for cobra but that does not last forever. I received an  "excellent" rating  on my last review, the highest in the department,  and have had a very well respected career up to this point at other firms. Thank you all  for responding.  It's so hard to fight back when one is sick and pre-treatment.   So much anxiety. 

[Jim Scott]

Dee Dee ~

I'm very sorry to learn that you're losing your job and I realize that poses many serious problems for you at this point.

Your employer calling it 'job elimination' is mostly a ploy by the employer to fire you without having to actually fire you for 'cause' (you doing something wrong).  Legally (just an opinion because I'm not an attorney) your job simply 'disappears' and so, you are no longer needed.  Actually, your employer is playing a 'shell game' of 'hide the job' by splitting up your former job duties among two other people and calling it something else so he can claim that your job was 'eliminated'.  This way he avoids legal claims from you (no grounds) and trouble with the state labor commission.  That you had excellent job reviews and a fine reputation just makes it worse.  Of course, your employer is likely saving some money on the job 'elimination' but I can't verify that.  In any case, it places you in a tough position.  I agree with Jan that you might want to consult an attorney who regularly deals with these kinds of labor cases (contact your local bar association for names) but frankly, don't get your hopes up.  Even if you win, it's a long process and defendants (employers) usually try to drag it out even longer to put you in a financial bind and persuade you to give up the fight.  However, its worth looking into because, if you disclosed your AN to your employer and a short time later your job was 'eliminated', it looks suspicious.  Just be aware that proving it was directly connected your disclosure of having an acoustic neuroma will be problematic.  Your former employer will probably say: 'Why would we want to lose a valuable employee? "  The obvious answer: to avoid having to be hit with a big claim on your company medical insurance policy and possibly needing to replace a valuable employee.  As I stated, I'm not an attorney and may be missing something here (not for the first time) but you do have my empathy and my prayer that you can surmount this daunting problem as you deal with your AN. 

Jim

[Denise S]

Totally agree with what Jim said above.   

A close friend of mine had the same situation.   She was having some major health issues and was due to schedule a surgery.   Things at her work were all going fine & steady and then a month before her surgery they 'eliminated' her position.   Said there wasn't enough work and could add the duties to 2 other employees.   She too had been a star employee and was on the upper end of the pay scale.   She thought it was a good option for them to also pay someone less pay, in case they hired a new person under a different job title.    They didn't give her any other option in offices, not even in the plant, just the option of unemployment & cobra.

Such a bummer the way it works these days!!   And they get away with this 'job elimination' because of how the economy has been the last few years.

I hate to admit this, but I was in management in a grocery chain years ago.   They started doing "job elimination" after a new person took over.   They were seeming to target the people in the higher seniority who worked their butts off to get there.   I new it was because they could hire 2 people for the price of that 1.   Of course I couldn't say much because of my position AND I was one of the highest people paid there too, so I was nervous they may be planning behind my back.   Very soon after I became pregnant and the stress got to me so I quit.

Best wishes to you!!!!!
Denise (MI)

[Mei Mei]

I'm going to pass this by my daughter.   She is a labor judge for the City of NY.   She can't help me with my problems but can certainly point you in the right direction on this one.
Mei Mei