What's right and what's not

[ratito921]

So guys I want some advice. There was an employee here where I work who has a mental handicap who was working with no supervision and was gainfully employed here for 3 years. On Friday there fired him because they said he stole a flower from a vase and didn't empty the trash in an office. Well the flower was on the nurses station in the back and he took one out of the vase and gave it to a nurse. The trash can that wasn't empty???? well, give me a break. They said they had a stack of things that he did wrong, but they never told him what he did wrong or checked up on him they just said "hey sign this" and he did no questions asked. He's a 40something year old man with the mentality of a 10 year old. I don't think it's fair and on top of that what really makes me mad was they also made him clean up the trash from outside. He doesn't understand what he did wrong. But one thing is for sure that whenever you needed something done he would do it no questions asked.

So I want to know what to do. We want to write a letter to the editor because writing a letter to the president doesn't do any good. This place is ridiculously stupid. Say I file a grievance against my boss, well instead of getting to the bottom of it they will just go to her and tell her what I said. See what I mean? We want people to be aware of what happened to him, because going to the higher ups is a no no.

Isn't there federal laws protecting people like this man from situations like this?

[angela256z]

You can also write to the Department of Labor and Industry in your area also a local employment agency that helps out mental ill people get the jobs may have some resorces for you. That is horrible what they have done to that man. He doesn't understand.

He has rights and someone can help him. Does he have a care giver? That person may have resources too.

[inlimbo]

I don't know a lot about this, but I'd have to second what Angela said. Talk to some labor professionals who can tell you if what the company did is actually legally wrong, if their are legal consequences for it.

It definitely sounds like they were taking advantage of that man, though, especially by making him sign something that he probably didn't understand. That sounds totally irresponsible and just plain mean.

[angela256z]

http://www.usdoj.gov/crt/ada/adahom1.htm Here is a good link for you to start. This is the ADA webpage. It has the laws and rights. Here is the link to The Americans with Disabilities Act of 1990, Titles I and V http://www.eeoc.gov/policy/ada.html

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
Job restructuring, modifying work schedules, reassignment to a vacant position;
Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Title I of the ADA also covers:

Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.
Drug and Alcohol Abuse
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

Statistics
In Fiscal Year 2005, EEOC received 14,893 charges of disability discrimination. EEOC resolved 15,357 disability discrimination charges in FY 2005 and recovered $44.8 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

Americans With Disabilities Act Charges

[ratito921]

thanks!!! I'm going to look into it. It's just not fair. It breaks my heart. I wasn't there when they fired him, but a few people have told me that they told him that he needed to leave immediately and he went to different departments and told everyone goodbye. He kept saying I get fired I see you later. How sad, he didn't understand.

[egonzalez1975]

angela gave you a really good start. That is so illegal it isn't even funny and if your employer has any sense they will correct what they have done immediately.

The problem usually is that there aren't many people who are willing to stand up and come to the aid of another person so I hope that there are people there who would do that for him.

[angela256z]

I hope that you can do something for him. It really upsets me when people do that to others. He seems like such a nice guy and they treated him like crap because someone didn't want him there. It makes me so sad that this country is filled with so much hate and disrespect towards people that are different. If there is anything I can do to help let me know.

[Dorothea]

Good luck rat, I hope other people you work with will back you up!
You are doing the right thing by notifying someone!!

[ce&ll]

Ratito,
So wrong! I hope that something positive can be done about this. It's so sad that sometimes people are mistreated when they have no capability of standing up for themselves. I'm glad to hear that there are
good-hearted people like you out there! Good Luck!

[LaGringaMasBella]

Yep, you need to call in the experts and if your company has done anything wrong ... lawsuit! Trust me on this one.:innocent: OR, they can give the poor guy his job back!

[Lachulagreeneyes]

Wow rat I just read this post, how sad!!! I hope you are able to help your ex co worker because is just not right! That is so illegal. Please give us an update when you can.

[ratito921]

well the guy that wants to move forward with the whole thing I haven't seen lately because I haven't been to work in a week. But hopefully he and I can get together this weekend and figure out what to do. I agree it's not right. I feel so bad for him. The whole thing's just messed up.

[SHELLYFCO]

Any updates?

[ratito921]

not a thing. Another coworker saw him over thanksgiving weekend and he told him that he wants to come back. I feel so bad for him because he doesn't understand. It's just not right. Again it makes me wonder what kind of place I'm working in. good lord

[tasksgirl]

Did you ever report it to anybody???

[ratito921]

yeah the guy that wanted the letter written took it to corporate and nothing happened. they pretty much just laughed at him and said policies and procedures were followed. BS!!!