We have consulted a lawyer

[Mitzi]

I do urge any of you who have ever been discriminated against to not take it laying down. We have consulted a lawyer about my sons case and it seems we have a case. I went to HR today and they were very rude to me, saying that they could not discuss my sons employment with me. I told them I was not discussing it with them, I wanted to give the the card of his lawyer.
They were stunned. They did tell me that they did have grounds to terminate my son. I told them I understood that but that I had the copies of what they stated and while they had grounds to terminate him they also stated ONE of these ground was because he could not keep up with their new technology. I informed them that was called d-i-s-c-r-i-m-i-n-a-t-i-o-n. I said, "You obviously haven't met me yet. I am his mother". I shook his hand and I said, "I've battled my husband, drs.,insurance companies, hospitals, you name it. My son WILL be treated fairly. If you have anymore questions, I suggest to talk to him and his lawyer". With that, I left.
The ball is in their court.

[ 01-24-2003, 05:30 PM: Message edited by: Mitzi ]

[RachelR]

Hmm... they couldn't discuss the nature of your son's employment with you however once you mention a lawyer, their mouthes suddenly loosen. Sounds like they just added fuel to the fire

[MadMax]

Just curious here, why would it be discrimination if they want to fire him, if he can't keep up with their technology?

[Mitzi1]

Because he is disabled from a brain tumor. It's a hard thing to prove but they can't discriminate. He needs his job badly and the insurance. If he can't keep up with their technology, they they should find a less demanding job. It's not his fault he can't kep up with it. He's done fine until now. But they got some new machines and he's having a tough time with it.
Being disabled is no walk in the park. He desperately needs his job.

[Piper]

I'm going to be devil's advocate here.

Before I came to where I work now, there was a fella that worked here that had a brain injury. You have six months of probation to basically to learn the job and if you can't cut it, you are let go. Well, he could not do the job and was terminated.

When that happened, he said he was being discriminated against. Legal battle insued. He was given another six months probation, given every tool possible to assist him with the job and he still could not do it.

I'm not saying this is the case with your son nor am I saying it's ok to discriminate against those with a medical condition; there are just some jobs that can't be held by everyone.

At any rate... good luck.

[Frank Booth]

Is the lawyer taking the case on a contingency basis, or do you have to pay him any money up front?

[wonderwoman]

Mitzi, how long has your son been working for them? Has it been a long long time? Were they aware of his disability? It can make a difference to the case.

[Mitzi1]

He has worked for them for 7 years and they knew he had problems. He had one brain surgery while working for them.
I'm hoping he can get training through the epilepsy foundation. No matter what is said or done, if they want him gone, he will be gone. It's very easy for them to find reasons not having to do with the disability.
He's so upset but he has us. We will guide him, God willing.

[wonderwoman]

Well, I think 7 years is certainly a long enough time to be allowed the opportunity to be retrained or reassigned to other jobs if available.

Having said that, I have worked Public Sector for most my life and I know private sector is alot different when it comes to legally "allowable" expectations....at least it is over here.

Cripes, we had a situation where a staff member got hired knowing there was shift work and within 2 weeks got special accommodation because she couldn't work shifts due to day care problems.

I think there is great value to accommodation, its just those creeps that abuse it and ruin its intention for those that do need it.

Good luck with your son.