Fired for having Post Concussion Syndrome?
 

I feel like I am living in a nightmare right now.

5 days from today will be one year since the car accident where I was hit by a drunk hit and run driver and suffered a concussion and subsequent PCS.

The road to recovery has been slow, confusing, scary, and frustrating. Some moments I felt like I was alone in never never land.

I saw a local neurologist for months who did nothing to help me - just told me "things take time" and "do what you can", and then through the great people on this board I found help through a neuropsych who pinpointed exactly what was wrong with me and got me the help I needed. Because of that interaction, through therapy to work on memory and cognitive issues, I was able to learn coping and compensation strategies, start driving again, and start feeling like I could live a normal life.

But the hardest part of my recovery has been work. Throughout my ordeal they have treated me badly, made derogatory comments (like to I have to wear a hat with wires sticking out of it during therapy), called me a "liability".

I have been open and honest with them throughout - told them that I have a MTBI, was seeking treatment, it was nothing that meant I couldn't perform my job - and I have.

I was only out of work a week and a half, and afraid for my job, went back. During my time out the Ops Mgr and Admin were on the web, searching PCS, and told my boss that I could be out for MONTHS. When I first came back to work - first at 4 hours, they told me I had "better not make any mistakes" and I didn't. No one did my work for me. But the workload was so large, I increased quickly to 8, and couldn't do it. So cut back to 6, and stayed at that level.

Things started happening to me at work. I was asked to keep a "log" of every minute of my day. I was told I couldn't use the printer, even though it was easier for me to read things printed rather than on the computer screen. I was given work with impossible deadlines. I have had work and more work piled on, and when I have asked my supervisor to prioritize as I cannot possibly get what she asks done in the time I am there, she refuses to prioritize, tells me that is my job to prioritize my work, yet holds me to the deadlines she sets.

When I was discharged from my therapy, I was cleared to return to work for 7 hours, gradually increasing to 8. It was a happy day for me, and I was excited to tell my employer the good news, only to be told "No", even though my boss was aware that that was the goal at the end of my 8 week course of therapy.

Things have continued to happen to me at work that I feel are a direct result of my PCS. The worst is they terminated my securities licenses (I am in financial service), telling me that my job functions "no longer required" me to be licensed as they "did not need me to cover for trades any longer". This obviously affects my salary if I am let go and have to find another job (they did not reduce my pay where I am).

After I told my boss I would need to go to the Labor Board to seek unemployment for the reduced hours, they let my up my hours - one month after I asked - but odd things continue to happen at work - to only me. I am singled out for things others are not. Yesterday - on my way out the door no less - I was asked to sign a document giving them access to my email "in case something happened to me". No one else was presented with this document, which doesn't make sense anyway as disaster recovery plans allow for email access if something happens to an employee.

It seems to me that they are trying force me out. I am watched like a hawk, and I feel it is a case of discrimination, because these things are happening to no one else - not being able to use the printer, etc., but because we are so small - 8 people, 2 of them PT, one the owner, one his wife - I feel I have no recourse or protection. We are not covered by FMLA or ADA. And my boss is not one to care about legal procedures or employee protections anyway.

I can't afford not to work. I actually love my job and am good at it. I've been there 3+ years. I come in early, shut my door, and don't get up all day. I am a "nose to the grindstone" type of worker, always have had a strong work ethic. I've bent over backward for my company. I don't even take lunch or breaks during the day, while others flit around and chat and socialize half the day, come in half hour, hour late every day and don't get treated the way I am.

I can't understand the insensitive and bad treatment. It almost borders on harassment. I had not made ONE mistake since I have been back. I have been extremely careful. Clients love me and I do a good job. I may be a "tad" slower reading things on the computer, and I have asked to have all instructions clear and in writing for my work but that has my only "accommodation" request. I must write everything down due to my ST memory issues, but I always have anyway, it's just the way I work. My therapist said on discharge that she thought I was doing "remarkable" and should have NO issues at all, as long as I had clear instructions at work and wrote things down. In fact she wanted me to come to her support group as an example to people of how you could move on and be successful after a MTBI.

I am hurt and baffled and scared, and SO disappointed, as I have worked so very hard over the last year.

Has anyone else been through something similar? How did you handle it? I am at a loss as to what to do....

Thats major harrasment and you shouldent have to put up with that.
Doesent your insurance cover medical and loss of income?
Also ive found that the more work you do and bend over backwards the more they take advantage of you , in some places the bad employees get treated better than the good.

Even though a small office I believe they have to follow the basic non discrimination laws, hostile work place etc??

You probably can't change the place you are at..
but call some lawyers or do some searches online at some legal based websites about discrimination & hostile work place..
Your state website might have info on this too in the employment section..
Maybe even free or low cost help...

Find out as much as you can before signing with any atty, they may try to get you to sign up right away, and it's best to "interview" quite a few and look them up online for reviews before signing on if you go that route..


If an atty feels there is a good cause /case - one option might be an official letter to employer stating they may "need to change their ways or face a lawsuit" in legal language of course..

Make a record/journal of what is going on, a time line so to speak as best you can - written documentation is very important..if it goes forward to legal action..

Hi
If you Google workplace discrimination after injury you will find a lot of info.

They are not allowed to be treating you this way, by law, as far as I know.

I would definitely find someone who can advocate on your behalf.

Start documenting everything. Forward your emails to your personal email. Get all your employers request in writing or email. Have a direct and frank conversation to see what thier reservations are. Even though you love your work it sounds like they don't love you.

As unfair as it maybe you may want to cut your losses. A legal fight will be ugly, stressfull and not a quick action. If they are confronted it may indicate to them your are still on your toes just otherwise abled. Or they may get defensive and just excuse away thier behaviour.

I am so sorry you are experiencing this. I know what it feels like as I am kn a very similar boat.

I am sorry this is happening to you. If it makes you feel any better, I have had a horrible treatment since my injury. My boss is very cruel and has harassed me, lied and treated me like garbage since my injury. I think it makes it more cruel as we are struggling to emerge from our respective living hells.

I agree that you are being harassed and discriminated against. But I also agree that thise battles take their toll on the victims. I would try to look for work elsewhere at the same time as you plan a survival strategy for staying. Perhaps y can at least end up with a settlement.

I don't know what I will do...it is so difficult. Fighting discrimination is very hard, but oh so necessary. Sigh. Hang in there!

It appears that I will have to sign the access to my email form as not doing so from what I have read MAY signify insubordination and I could be disqualified for unemployment. However, I am concerned that our compliance department said in now way should I allow another employee access to my email. I have no idea if I am being set up. Especially since I am the only one being asked to sign this "document" that came out of the blue, which I'm sure I was asked to sign as I walked out the door so I wouldn't have time to think about it. So I am between a rock and a hard place here... Why do employers have to be so cruel?

my thoughts
 

Just know you are not alone by any means. What you describe is very similar to my own story. Try and document all you can. File EEOC within limits. PCS should qualify for ADA and if nothing else it puts your ER on notice that you're fed up with their BS. My ER actions have had a negative impact on my recovery due to many of the things you expressed happening to you by your co-workers\bosses. Because of the lack of medical understanding of mtbi - IC and ER can easily get away with a lot more than they should and they take full adv of it. I found that neurologist are of no help with mtbi and many medical providers have a totally unrealistic understanding of what ER's require for job performance and what corporate america is doing to injured\sick workers in the workplace.

You make a very good point. It's criminal that there is so little recourse/help. ADA doesn't apply here as my company is under 15 employees. I called EEOC who was sympathetic, but warned that once I filed, an investigation would start, and if I think my work life is a living Hell now, I can only imagine once my ER got notice of my complaint how much they would turn up the heat.

In instances where they really bear down - pressuring me to do the impossible with deadlines, nit-picking the smallest things (that everyone does) over and over, it causes a relapse and I get headaches, more confusion, and can't think straight. My neuropsych understands, and says this is VERY detrimental to my recovery, however, he said that he "does not get involved in employer situations". Seems no one does.

I have been warned also that legal proceedings can be torturous, laborious, and lengthy, not to mention expensive, and I have no money to fight this. Plus, my ER is very crafty and I have no doubt could talk their way out of things or manufacture things.

My family attorney - who helped navigate the mountain of paperwork with the car insurance claims and subsequent PIP payment said he could said a "warning" letter to my ER, but again, I can just imagine how very hard my work life would be made, when here I have done nothing wrong except get in a car accident and am being treated like a piece of dirt.

Did you sign the email permission paper already??

If you get any personal or medical messages to it I sure wouldn't, I don't think they can ask this... esp if you are still working there..:rolleyes:

It's like if hiring personnel- ask for your facebook log in info , no way..:mad:
I think that practice has been stopped...for the most part..

I work in the securities industry, so there's nothing private about our email - LOL. It's all monitored by law and we cannot get/send personal emails.

I think I have to sign this - I just don't understand the motivation behind it. I don't buy the reason I was given "in case something happens to you we need to get into your email". Nor do I understand why I am the only person being asked to sign it, why it was presented in the manner it was (as I was walking out the door and couldn't focus on it) nor the timing of it.

A small part of me thinks this is somehow a set up, since Corporate Compliance said letting someone else (another employee) into your email is not allowed.

But.... my understanding is if I don't sign it, it "could" be construed as "misconduct" which disqualifies being able to collect unemployment if they were to let me go (which I think is their plan), which would be a financial disaster for my family.

Lawyer time?
 

I know this might make things worse and unravel at work for you, but you should at least know your rights.

If you can, see if you can get a lawyer or some legal advice. What's happening to you is just wrongs.

That's my 3 cents

poetrymom

I wish I could afford an attorney. I am still working a reduced work schedule (7 hours) and can't afford $250/hr. for advice, as this is an ongoing situation, with them continuing to do things. I would go bankrupt. I think that's what they are counting on - that I can't afford to learn my rights and defend myself. Too bad attorneys don't take these cases on a contingency basis...

Have you checked with your state labor department to see if they have any resources for you ?

What state do you live in ?

I live in MA. I did check with the Atty General's Office Fair Labor Division, who referred me to the Health and Human Services Civil Rights Division, who referred me to MCAD (MA Commission Against Discrimination) and EEOC. Both MCAD and EECO require a complaint to be filed and an investigation to start. They won't just advise you you have a case or not.

I fear it would make my life so unbearable - it's a small office - only 5 work IN the office - 3 of whom are causing the issues - my boss, the Ops Mgr and now the other advisor who is asking me to sign this document (he has supervisory responsibility now over me) & if that were to happen it would cause me to lose all the ground that I have made with my recovery. I get so stressed and upset by what they do to me that I know it's detrimental to my health.

I know if I were to file a complaint the harassment would be relentless (which I know is illegal) but I am the one who would have to bear it and complain yet again. And if the MCAD or EEOC finds no wrongdoing then where am I?

I wish they would just let me go as I don't know how much more I can take. I can't financially just walk away, but I know that's what they want as I think they fear if they do fire me I may file a wrongful termination claim. I'm sure they think if they just continue to put the screws to me hard enough I will just crumble and leave.

Keep an journal of how they are treating you. Note any treatments of the other employees that show your treatment to be discriminatory. Go ahead and sign the document. Be careful with your emails. And.... Maybe you should start looking for other work. In the mean time, stick it out and make them let you go. In time, they will likely mess up and you will have a strong case to file.

You can create a written history by responding to verbal issues in writing. An email such as, "I am willing to sign document xyz but it appears I am the only one being asked to sign document xyz. Can you help me understand why I am being singled out for this treatment ?" You may want to be less confrontational. Maybe " I am confirming that I am the only one being asked to sign document xyz. Is this correct ?" Then, print a copy of the email for your personal files and take it home.

My best to you.

Since you have noted "since Corporate Compliance said letting someone else (another employee) into your email is not allowed." - I would recommend going one step further for this issue and any further issues that they put all requests in writing to you; and provide a copy for you and your file.

As well as a copy of what ever you do sign returned to you for your own private file - let them know up front you are also keeping a file of all transactions about this activity.... no need to hide the fact you are protecting yourself. You are entitled to copies of anything they expect you to 'comply' with while working .

I am sorry that small employers, with family members working in the offices feel they need to be like this when good employees have health problems.......

Best Wishes ........ :grouphug:

Thank you all. This forum has gotten me through a lot. Dreading tomorrow. Sick to my stomach already. All I want is the opportunity to do my job - and do it well - as I have, without being harassed.

Good luck tomorrow. I feel for you. Hang in there.