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Re: OT - sort of - or DS related

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Started my new job Thursday. Things went fine on Friday. Got a

cortisone shot in the obnoxious left knee. Got a notice that my life

insurance had lapsed. No point in killing myself for the money now!

The Probation Dept called to ask me for a payment regarding a traffic

collision - that the judge had just stated on the 9th that I would not

have to pay - just $1K. She's researching it - and hasn't called back.

Saturday my unemployment check didn't come. Sunday I got online to the

IRS to check on when to expect my refund. Joke's on me.

They want almost $2K from me. It seems I made some math errors. I

changed my W-4 at work today to withhold an extra $100 a month, so this

won't happen next year.

Got called into the conference room (aka kitchen table) and they let me

go - BECUZ this morning I warned my boss that if I got up and left for

the ladies lounge suddenly, it was because I had " bathroom issues. " And

THAT's why they let me go. They have to have someone there at all times

to answer the phone and enter the orders.

I'm still somewhat seething. I went by the P.O. hoping to pick up my

unemployment check. Instead I got a notice from them saying I would

receive no further monies. I kept repeating to myself that God will not

give me more than I can bear.

I have to confess. By the time I left the P.O. to deposit my

termination check (minus the 1 1/2 hours they sent me home early

Thursday & Friday), it was ALMOST funny. I had to give in and laugh.

With me, it's never What's Next? It's just that if I didn't have BAD

luck, I wouldn't have any. So can I claim medical discrimination???

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Bobbe, I just finished a constitutional law class, and from what I now about

the DS, it's a medical condition and covered under the ADA. So, I'd talk

with an attorney.

_____

From: DS_Friends_Keshishian

[mailto:DS_Friends_Keshishian ] On Behalf Of

BobbeDS@...

Sent: Monday, March 20, 2006 8:40 PM

To: DS_Friends_Keshishian

Subject: Re: OT - sort of - or DS related

So can I claim medical discrimination???

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Bobbe, you don't need life insurance now. I don't have it because my

kids are grown. Who needs it? My cats? Lily?

Now you know not to discuss bathroom issues, huh? Thanks for warning

us all...Dunno if it is discrimination or not. I don't think it is an

ADA issue. Do they expect people to wear a diaper?

As for me, I am off new employee probation in one week.

Marta

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Jim, I deal with ADA issues in my job and I do not think it is. In my

opinion it is a corrective surgery, not a disabling condition. I sure

do not like to think that I have a disabling condition when I feel

better than I have ever felt in my adult life. Still, Bobbe you could

consult an attorney. Anyway, EVERYONE has to go to the bathroom, not

just DSers.

Marta

>

> Bobbe, I just finished a constitutional law class, and from what I

now about

> the DS, it's a medical condition and covered under the ADA. So, I'd

talk

> with an attorney.

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You could be right Marta. I based my comment on a man who had plastic

surgery and ended up unable to use his left arm. it was covered under the

ADA act. If a cosmetic surgery gone wrong was covered, I presumed that a

complication of any surgery might be covered.

_____

From: DS_Friends_Keshishian

[mailto:DS_Friends_Keshishian ] On Behalf Of Marta S.

Sent: Monday, March 20, 2006 8:50 PM

To: DS_Friends_Keshishian

Subject: Re: OT - sort of - or DS related

Jim, I deal with ADA issues in my job and I do not think it is. In my

opinion it is a corrective surgery, not a disabling condition. I sure

do not like to think that I have a disabling condition when I feel

better than I have ever felt in my adult life. Still, Bobbe you could

consult an attorney. Anyway, EVERYONE has to go to the bathroom, not

just DSers.

Marta

>

> Bobbe, I just finished a constitutional law class, and from what I

now about

> the DS, it's a medical condition and covered under the ADA. So, I'd

talk

> with an attorney.

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Wow Bobbe

What a rough week!! As an employer, I can tell you in Australia you would

have cause for wrongful dismissal if you were a permanent or salaried

employee. If you were casual (hourly rate with changeable rosters) then

they can fire you without cause. But the U.S is a whole other ball game.

And wrongful termination suits are expensive. Use your enegy to find a more

understanding boss I say. You are probably lucky you got out of there

before they treated you badly!

Hugs

Kristy

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In a message dated 3/20/2006 10:50:04 P.M. Central Standard Time,

mjs93311@... writes:

Jim, I deal with ADA issues in my job and I do not think it is. In my

opinion it is a corrective surgery, not a disabling condition. I sure

do not like to think that I have a disabling condition when I feel

better than I have ever felt in my adult life. Still, Bobbe you could

consult an attorney. Anyway, EVERYONE has to go to the bathroom, not

just DSers.

Marta

______________________

Actually, we discussed this on another group a year or so ago, well it was

more like a knock down drag out with computers instead of fists....LOL. The man

was bragging how he used his " disability " of bowel incontinence to get out

of a ticket. He had turned around on the interstate on one of the emergency

areas after missing his turn to go to work. He told the group that he did it

all the time and thought he was doing something wonderful by trying to tell

others how to cheat the system. Everyone else saw a man abusing a potential

problem that each of us face either daily or from time to time....Anyway the

discussion was Is the bowel issues a valid excuse ever? I agreed that there are

rules and laws for a reason. I have also been in the position to find a

bathroom fast, and even admit to having oil leaks, although they are rare.

I would ask a lawyer if this is a reasonable request. In Alabama we have

a employment at will thing where they can fire you for anything and as long

as they are not discriminatory. Found this , sounds like you might have an

issue....

Part 1: Basic ADA information

Part 1 of the Guide is designed to answer basic questions about the ADA and

who it protects. In short:

The ADA protects qualified persons with disabilities.

* A person must have a serious, long-term medical condition or

disorder that makes it very difficult for him or her to do basic activities.

* The person also must be qualified to perform the job. This means that

the person must have the education, experience or skills necessary to do the

job AND must be able to perform the duties that are central to the job, with

or without a reasonable accommodation.

A reasonable accommodation is a change in the application process, in the

way a job is performed, or to other parts of the job (like training or

benefits) that allows a person with a disability to have equal employment

opportunities.

Employers must provide reasonable accommodations to qualified employees and

applicants with disabilities, unless the accommodation would impose an undue

hardship on their business.

* Undue hardship means a significant difficulty or expense.

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Wow, Mel, an excellent answer! I am impressed.

Marta

>

>

> Actually, we discussed this on another group a year or so ago, well

it was

> more like a knock down drag out with computers instead of

fists....LOL.

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hey bobbe keep your chin up it may not seem like it right now but things

will work out in your favor

sometimes people will find a reason to let you go no matter what

you are a good people so don't sweat it take care and try and think positive

amber

Re: OT - sort of - or DS related

> Started my new job Thursday. Things went fine on Friday. Got a

> cortisone shot in the obnoxious left knee. Got a notice that my life

> insurance had lapsed. No point in killing myself for the money now!

>

> The Probation Dept called to ask me for a payment regarding a traffic

> collision - that the judge had just stated on the 9th that I would not

> have to pay - just $1K. She's researching it - and hasn't called back.

>

> Saturday my unemployment check didn't come. Sunday I got online to the

> IRS to check on when to expect my refund. Joke's on me.

>

> They want almost $2K from me. It seems I made some math errors. I

> changed my W-4 at work today to withhold an extra $100 a month, so this

> won't happen next year.

>

> Got called into the conference room (aka kitchen table) and they let me

> go - BECUZ this morning I warned my boss that if I got up and left for

> the ladies lounge suddenly, it was because I had " bathroom issues. " And

> THAT's why they let me go. They have to have someone there at all times

> to answer the phone and enter the orders.

>

> I'm still somewhat seething. I went by the P.O. hoping to pick up my

> unemployment check. Instead I got a notice from them saying I would

> receive no further monies. I kept repeating to myself that God will not

> give me more than I can bear.

>

> I have to confess. By the time I left the P.O. to deposit my

> termination check (minus the 1 1/2 hours they sent me home early

> Thursday & Friday), it was ALMOST funny. I had to give in and laugh.

>

> With me, it's never What's Next? It's just that if I didn't have BAD

> luck, I wouldn't have any. So can I claim medical discrimination???

>

>

>

>

>

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