Denied job opportunity becuase of lupus

Hi everyone,

I just need to get this off my chest, I am still sort of in shock so not sure what to think but here goes. I have struggled with my work in the last year. This is my first yr of being diagnosed and I have had two flares that each lasted 2-3 months.

I asked my work to go part time during the flares but they said I would loose my benefits and during the time i was too sick to work full days they still gave me the same amount of files ect.

I enjoy the work I do and even through my illness have been a dedicated employee. I have a laptop and work from home on days when it is really bad. A few weeks ago our head office announced they will be moving some of our smaller offices to a larger regional office. I applied for a job at the regional office and I was the only applicant (the work I do is very technical and there are not a lot of people out there with the same skills- also it was only offered to those already in the organization). Anyways at first the supervisor called me and was all excited to have me start asap.

Then a couple days went by and my current supervisor told me that he had got a call from the new boss and that they wern't sure if they want me due to my lupus. My boss told him that I am hard working and skilled at what I do and that even if i am sick sometimes I end up getting more than 40hrs a week work complete.

I am really upset about this. I don't want to have to go to the union. This is stressful becuase like i said they will likley be closing the office I currently work for and also my husband's company is up for sale and it is likley he will also get laid off.

I don't kow what I should do - any advice you have is appreciated.

Meg

I think there are federal laws that prohibit employers from doing this type of thing. Something about making reasonable accommodations for people with disabilities. If your current boss was happy with your work and you were getting your work done then it sounds like descrimination due to your disability.

I'm with you on the frustation. I had to give up a great job due to complications of my lupus, multiple surgeries and other medical problems.

The company I worked for was very "cagey" about what they said when they let me go. "Today is your last day at ".........". The MarCom department has to move on. And, you used up your FMLA (?????)." Did not give a "real" reason.

Did get a parachute though which relieved some of the sting. Though with that money I had to support another person who came to stay with me while I was incapacitated.. The money is gone.

I have been told that I should sue. But, haven't followed through due to the stress of having to gather paperwork, depositions, and just plain tired of it all. I still have 3 more years to do it.

However, it sounds like you should see a labor relations lawyer right away, since your husband may soon be depending on your income.

I wish you luck and god speedl.

USAgurl

Oh my!!!! Well i don't feel as though your job should let you go for haveing this type of health issue that you have no control over . Go to the deptment of LAbor and let them know of this statement which the emploer has said to you , and if that don't get something done about the sitaution then ( I would ) go to the union!!! My job did something simialr to me like this , but course Georgia ia a free of will state ( which means the employer does not have to hold you job because of these types of problem - illness ) , so i filed for social security , which took about yrs.. but i got it , but really wish that i could work ... Follow through on this , it's hard enough haveing to deal with this LUPUS stuff , and adding not haveing to work it more stress !!! plus some .... wish you good luck .... Beverly L.

Hi Everyone,

Thanks for all your replies. I live in Canada and Yes there are laws against this - the Human Rights Code for one (my work also has all kinds of equal opportunity and accomodation policies).

Yesterday they changed their mind and offered me the job.

Now I don't know what to do. He obviously got told by my current supervisor and HR that he had to give me the job - even though he didn't want to. I am questioning my own ability now - what if they are right and I can't do it? I also don't really want to work for someone that does not want me. What if the new supervisor tries to find a way to get rid of me? I feel so hurt by the whole thing. The stress of this is making me flare. I guess I need a job to take care of my family and that is all there is to it but I don;t want to work for this new supervisor. I could wait it out in my current position and hope that they will offer to relocate my job when they close our office (it is a risk because they could just let a bunch of us go).

Hi Meg.....girl, you fight this, you have enough on your plate having Lupus and the new boss decides he doesnt want you on his team.....well it doesnt work like that....You go to the Supervisor with a tape recorder in pocket and have him repeat what your new boss said about not wanting you .....then you go directly to your union.

One thing Lupus does is makes us fighters, we fight daily just to be normal, just to be sane.....now you go and show them what you got.....

I right beside you,

Bern

hope someone has told you that it is illegal to not hire you due to illness race or sexual orientation...kind of basic rights.

As long as you can prove to do the job....and pass all tests required.

Now of course many places do not hire you if you come out and say you have illness but they are not suppose ask your health ...And you have UNION .GO right away ...

if it is decent union they will work with you and your boss and remind them gently how it is against the american disabilties act to not keep you on lol..boss was so stupid to admit this to your face...if he had just said that we just prefer someone with better stats or qualifications than you...you never could have brought this up but not he is DOOMED!!

Please do not be afraid to go to your Union most people do not have that luxury anymore since only there now is only 6 percent of business that have Unions. SO all you people who believe the lies that unions are reason companies are outsourcing....it is not true! they are just not patriotic!!

So please do not go quietly into the night...FIGHT for what is rightfully for your job especially since they said you were a great worker!!

I fought in the beginning and i only got respect and admiration from the people above those original jerks. The real bosses..CEO"s etc saw what great worker i was...when after i left a job and they had to hire 3 people to do same job....i made sure that was down in my files! Toot your own horn and as my favorite mentor boss would remind me is that squeaky wheel gets oiled!!

GOOD LUCK....but you do not need it..you go a union...state and US GOVErnment all behind you plus all us of SLE people!! SHow them that we are people of integrity and do excellent job. WHen i got to the point i could no longer work at that speed...i did go part time and kept going down to 3 days week.....with doctor sending in letter that stated no ot for me...IF your doctor writes a letter stating your limitations they must try and follow it ..if it is just not ot then they must. Since i was doing the full day required just fine...i also got full benefits at partime and 5 weeks vacation, ....and when i left....CEO told me that i could come back and pick my hours...he said in fact now he would let me do that just to keep me on.

SO do a great job but do not let them work you to death....if they are decent people they get it and just be happy at the great work you can do. Be honest with them about your health....and your limits ....let your doctor write the letters if you need them so you limit yourself. I keep trying to stay and just make myself too sick so hurt myself and others down road. PLus i did a lot of work from home when i did call in sick which made my husband mad.

so i had to not answer phone.....so i could rest.

BUT too many are out there looking and in jobs and they need people to make the way for others with chronic illnesses. Yes we can work...we just have limits but many of us work much harder than some lazy person who hates their job and just comes for pay check. SO if you like /love your job fight for it...but in your case since he was so dumb to out right say that to you...that is like asking you if you will have sex with him to keep your job...that illegal!! if not more! so let your union help you...that is what they are for...they will just be witness and remind him that he needs to educate himself a bit.better union than state or gov comes in and fines them ...so you are doing them a big favor. go get them and keep you job!! sorry if poorly wrote...tired and late

There are federal laws protecting people with protected disabilities, of which lupus is one. I would suggest call your local bar association for lawyer advice then contact EEOC office. I am not a lawyer, you may just want to get the ADA accommodation to guarantee your job. I don't think a job has to promote you, I am not a lawyer, they just can't fire you from your current position for having lupus. Maybe the position has more demands that you can not fulfill and will demand more hours from you that Lupus will complicate or cause stress to your body. I had to reassess my priorities at work and home, fighting for everything is not my goal, remaining healthy is my priority.

To protect your current position, file ADA accommodation,form find it on http://www.eeoc.gov/policy/docs/accommodation.html fill it out and present it to HR. This way, it is documented that you have a federally protected disability. Under ADA they will have to create a work assignment for you to accommodate your disability.

I hate to say it, but play nice. I had too. My job did something similar, except, I filed ADA and was approved for ADA before disclosing my condition. That might have staved off the termination, under ADA an employee can not be fired or terminated for not performing the job which is under ADA protection. Since, the employer and employee have worked out the schedule. Again, just play nice and push through the pain, which I know is hard, but until you get the ADA accommodation, be a great and valuable employee so next time promotion comes around you can apply.

does not matter if Georgia is free will state....FEDERal Government states in disabilities act....that people cannot be just fired for having chronic illness , aids etc.....

Fed Gov always takes precedent over state law.....in these circumstances...other wise you could still have racism going on or women cannot vote in your state...but thankfully to fed amendment and disabilities Act..it stops states from doing stupid things like that ....so does not matter what state you live in...it is illegal!!

THey can let you go if they work with you and try to find jobs that you can do...and you still cannot do them....

BUT get your doctor to help you out like mine did ...no OT so you do not over tire yourself out if you are trying to work so many hours each week...he can even limit how many hours you work....or what can of work you can be expected to do. THey must show good faith that they did try all that...before they let you go...

Beverly L. said:

Oh my!!!! Well i don't feel as though your job should let you go for haveing this type of health issue that you have no control over . Go to the deptment of LAbor and let them know of this statement which the emploer has said to you , and if that don't get something done about the sitaution then ( I would ) go to the union!!! My job did something simialr to me like this , but course Georgia ia a free of will state ( which means the employer does not have to hold you job because of these types of problem - illness ) , so i filed for social security , which took about yrs.. but i got it , but really wish that i could work ... Follow through on this , it's hard enough haveing to deal with this LUPUS stuff , and adding not haveing to work it more stress !!! plus some .... wish you good luck .... Beverly L.

Sorry to hear you are having work issues again, specially since you so recently went through this fight! Now that you’ve gotten the struggle over with your current supervisor, I can understand why moving to a new position would be daunting! Regardless of the medical condition, attendance can be a reason not to give you a promotion. They can’t eliminate your job due to illness, but a promotion doesn’t have to be given because you are sick. So perhaps after speaking with your current supervisor about your skills, they are just overlooking any attendance problems because you are that good at what you do! Is it possible to have a meeting with the new supervisor to discuss their expectations? This may help put your mind at ease about switching jobs.

MegLupusNewbie said:

Hi Everyone,

Thanks for all your replies. I live in Canada and Yes there are laws against this - the Human Rights Code for one (my work also has all kinds of equal opportunity and accomodation policies).

Yesterday they changed their mind and offered me the job.

Now I don’t know what to do. He obviously got told by my current supervisor and HR that he had to give me the job - even though he didn’t want to. I am questioning my own ability now - what if they are right and I can’t do it? I also don’t really want to work for someone that does not want me. What if the new supervisor tries to find a way to get rid of me? I feel so hurt by the whole thing. The stress of this is making me flare. I guess I need a job to take care of my family and that is all there is to it but I don;t want to work for this new supervisor. I could wait it out in my current position and hope that they will offer to relocate my job when they close our office (it is a risk because they could just let a bunch of us go).

Hi , i've totally disable , - i started recieveing my ssa late last year and the VOCotional doctor states there are NO JOBS that would allow me to do anything !!!!! And that's been the siutation since 2008 , not able to hold nothing or stand for periods of time ( i was a WAITRESS for 20 + years ) and yes this is very hard for me not to work , i've worked since i was in the 9th grade in school in 1983-2008 , and yes it's money that i've put in to it, but it's really not what i really wanted 2 do - being only 44years old presently .... BUT has i've learned 2 face it , " i will NEVER WORK ANOTHER DAY OF MY LIFE " , and well hope that you find the strength to fight for yours, if you are ABLE !!!! being at home is fine and everything but when i've done everything - theres nothing else for me to do daily through out the week , it is and GETS BOREING !!!!!!!!!!!!!!!!! LOL well hope this help you to FIGHT and hope that it is not to PAINFUL to do .... Beverly L.

siskiyousis said:

does not matter if Georgia is free will state....FEDERal Government states in disabilities act....that people cannot be just fired for having chronic illness , aids etc.....

Fed Gov always takes precedent over state law.....in these circumstances...other wise you could still have racism going on or women cannot vote in your state...but thankfully to fed amendment and disabilities Act..it stops states from doing stupid things like that ....so does not matter what state you live in...it is illegal!!

THey can let you go if they work with you and try to find jobs that you can do...and you still cannot do them....

BUT get your doctor to help you out like mine did ...no OT so you do not over tire yourself out if you are trying to work so many hours each week...he can even limit how many hours you work....or what can of work you can be expected to do. THey must show good faith that they did try all that...before they let you go...

Beverly L. said:

Oh my!!!! Well i don't feel as though your job should let you go for haveing this type of health issue that you have no control over . Go to the deptment of LAbor and let them know of this statement which the emploer has said to you , and if that don't get something done about the sitaution then ( I would ) go to the union!!! My job did something simialr to me like this , but course Georgia ia a free of will state ( which means the employer does not have to hold you job because of these types of problem - illness ) , so i filed for social security , which took about yrs.. but i got it , but really wish that i could work ... Follow through on this , it's hard enough haveing to deal with this LUPUS stuff , and adding not haveing to work it more stress !!! plus some .... wish you good luck .... Beverly L.

Beverly,

Not working is a nightmare of which I hope never to face. Recently, I had to modify my work schedule, using ADA and will have to modify once again due to the changing nature of my field. However, I am resolved to do as I can to continue being productive.

Can you volunteer with organizations or at local schools?

Unshore

Thanks Ann A.

We all need encouragement with this uphill lupus battle.

Unshore

First of all calm down....they cannot let you go especially now that they were not smart enough to actual say the fact they are going to let you go was due to your disease. Thanks to the American Disability Act that makes it illegal when they have not tried in good faith to work with your disease.

Please do not be afraid to go speak to your Union. You are one of 6% companies that still have one! They have managed to get rid of them by that amount. Sad..but I know some Unions went too far but most were good and just wanted to have good relationship between employees and company. Like this...not firing a great worker instead of trying to be creative and come up with way to keep you on...especially when no one else wanted that other job.

So i think you may be more like me where you like to try and handle it on your own. So first do let your Union know...at least you use them as witness to what is being said in any meetings you may have to try and keep your job.

I shall correct that...you will keep your job without a major stress and legal fight.

First think of all the reasons why they should keep you on.....great reviews ...things you know how to do that not many other do...how hard worker you have and still are as your health allows. Customers that love you ..if that is part of it....anything at all that you can bring to your side why you are such a great employee.

Also...they can give you benefits at pt hours even with Union...the Union will only be happy for you..so that if they say they cannot because of Union it is not true. I went to part time with full benefits with a union!!

Often bosses like to blame things on the union so they do not look bad. That is positive side of Unions for employers....Union wont let us do this or that...give you large raise...everyone than will have to get it..baloney.

Also think of ways you can work that would really work best for you....like working from home 2 or 3 days per week. If you can do it from home and you show them that you are producing even more than if you were at work maybe they will let you work from home full time. You might have to try hard to be better than average on your good days to show you really are trying hard to be excellent employee.

Get your doctors involved...they can write letters that your employer must do what they say...i did not know that until my rheum told me. I was getting too tired and he found out how many hours i was working even at PT ..so he wrote letter stating no more OT for me....of course it was not a rule that i could really just follow...i worked at newspaper so if late breaking news happen than of course i had to stay later. But what i did do was get it going than handed it over to employees that worked later hours and that did work. so think of ways like this to be creative about how you work not so many hours but get the job done..

But really speak to all your doctors involved with your lupus...they might just state to you that now you might have to take hard look and apply for disability. I do not think you sound like you are ready for that yet and most doctors agree to keep working is a one of the most positive things you can do for yourself...and i agree. Keep working till you think you are going to die because you are so tired.

Also do not tell them right out that it was illegal for that boss to say because of your SLE he feels you should be let go...do not let Union rep tell them as well. IF you think your rep will than do not tel them about it till you are ready. Like last resort....because either they will back down or they will say go ahead and fight us. Odds are once the state labor dept gives them a call they will back down and after speaking to their lawyers. but in case they go for fight....try positive way to keep you on and give you that job.

Like if they give you medical can you give up dental? be honest with yourself if you feel you need it than you need it so do not bargain with it. But you might look at some you can buy...Costco actually had /has decent plan. So if you can afford to buy theirs...and give yours up...would be tool to say if you give me medical i will not take dental so you will save money. See how i am going? But do not give up anything you want to keep. Like vacation or sick hours.

Can you work holidays and weekends? I worked weekends which worked out just fine for me since my husband had days off in middle of week so was better for us. I am trying to give you lots of ways to work with them so they will want to keep you.

But if worse comes down....than contact your state labor board....online most states have complaint form that you can fill out online. Or you might want to go speak to them in person...but i am positive they will stand behind you and once your employer gets call from them ...you shall have your job back.

I worked full time ...as i was originally hired when diagnosed though i knew i been sick for all my late teens on. AFter few years my doctor said it is time i go down to 4 days at least...which is what i did. I recall feeling so bad and hated it...than in 2 or 3 more years had to go down to 3 days per week. I was still given a job i had thought of years earlier...the people who would be working with agreed that they did not care if i was only there 3 days. But in truth with all the phone calls at home i often worked almost full day which angered my husband. Eventually, after 20 years of working there i finally had to say i just could not go on and do the job in the way i felt it deserved.

My boss and CEO both said to me that they wish i stay and work what ever hours i could and that a job was always there for me. They even offered me a raise with less hours....but i was too tired. It was right thing. So if anything you can tell them about me...and that you know you can work and do the job well still. I would work through flares...i took days off only if i could hardly not get out of my bed. The pain also increased and i wish i had told the Rheum doctor that i needed better pain control ...pain meds. I really think i could have worked at least 4 or 5 more years with those...but i had great life with husband with the free time! Thankfully we had plan for the day when i might have to quit..so we did not have big homes or new cars every so many years....but we were happy and i was very happy when day came when i said good bye. Though i really miss them....and keep in touch with many of my coworker friends and bosses. But not working did hurt my self esteem greatly. I had always supported myself one way or another and it was hard to not have my own money etc. So try and keep working as long as you can it does keep you feeling useful in this world though now you can help others and do fun things..always something to do.

Okay....if you doctors say that it is time to go on disability...than i would still tell your boss that it was illegal for them say that reason they felt you should be fired was due to your disease. That after speaking with your doctors the feel that it is time for you to get more rest and take better care of your body. i do not thik they will but in case they do...

So write out a plan why they should give you that job..state all your assists and even talk about going part time with benefits. Also, it will be your choice about how much info you want to give them regarding your disease...that is not okay for them to ask how you are actually doing etc. So if you do not want to speak about to one boss it is okay and legal. But you might say how well you are most of the time....Also if you only have had 2 years those are hard years because you are just beginning to understand about it. That most people do start doing better after 2 years because they understand what is going on and how it affects your body. Not as fearful anymore.

So i hope i have helped....but i feel you can easily do that job...and be great if you could do it from home. I take it you have no husband for benefits. Partner of any kind? Most states allow you to get benefits off your long term partner...that might be option. i am trying to think of anything that might help.

But please do not let them bully you out of this job!! We must stick to our guns and besides the law is on your side. Just be yourself, calm and not defensive....be open to hearing their ideas. You might try speaking with you boss and see what he thinks...do not let him know that if they still say no...you can go to state...until the guy who actually said it...is around. He is one responsible for not caring and breaking the law.

But i have gut feeling that you will talk your way into part time with benefits ...really hope you do! Good luck...sure you can do it...and you have every reason to feel frustrated after you have tried so hard.

Remember ..that your doctors are there to keep you working...so work as close as possible with them. Let them help you...i did not know that and mine really helped a lot.

Just remember if you get ra with it...and it becomes painful... get pain medication that was huge mistake on my part.

sorry so long.....hope this really helps you to keep your job.i know how important it is for not just income but state of our minds. GOOD LUCK but sure you are going to keep it!! MUCH LOVe , lg

i forgot to tell you one thing..document all this. write down when it all happen and dates it happen. especially when your boss said that his boss said you could not have the job due to your disease. If you just document things...they will hold up.

than document all our your conversations with them regarding employment....even if you have Union rep in with you. Just so you have your own.

Yes not working is so hard on your self esteem as Beverly states and others....my very 1st rheum doctor told me to work as long as i could because it gives purpose to your life. Well...you still can find purpose with out actual paying job. Many people need help....so now is my time to give back to all the people who helped me along the way.. Many ways to volunteer too. In winter i tend to help out mainly from the computer....you can tutor kids! it is great and cheers one up.

But i really think you have no reason to worry...like Bev state ADA helps you out...they must work with you to try and keep you and if they are smart they will want to keep a great employee!!

GOOD luck i know you have nothing to worry about....lg

I agree whole heartedly with siskiyousis. Great advice, wish I read this before my battles with my job. Glad to read it now. Just interviewed with a company and they did not choose to move forward with me, so I am feeling down especially since, last year, I interviewed with this company and recieved two interviews.

So, siskiyousis words helped me out.

Hi Unshoreandscared, I've thought about that !! But to make the move to do it - well just can't find the motavtion to to do it !!! Some days are hard for me to move , i can't stand for periods of time without haveing to lay down to rest , my joints really won't allow me to do to much of NOTHING . Which i force myself ( sometimes ) and go into a flare !!!!But in my heart and mind i pray so much for those who can , but i wish that could !!! Well you contiune to work for as long as you can .... talk with you later....Beverly L.

Unshoreandscared said:

Beverly,

Not working is a nightmare of which I hope never to face. Recently, I had to modify my work schedule, using ADA and will have to modify once again due to the changing nature of my field. However, I am resolved to do as I can to continue being productive.

Can you volunteer with organizations or at local schools?

Unshore