Chronic Tardiness

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Blast

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I was recently let go from a company after being there roughly 4 months. Over the years I have struggled with tardiness in all my endeavors and had no idea it was a symptom of adult attention deficit dis-order. In reflection it all makes sense but I had no idea until diagnosed about a year ago.
Even though I say I struggled with the symptom, I have only had, for all practical purposes, two jobs. One with 22 years total experience and one with 13 years experience. I have been very fortunate in the later position making a 6 figure income for some time now. In May the late of the two, let me go.
I was told when asked why, "production". I am an outside rep on straight commission and at the time of severance, was selling $2 million dollars.
In July of this year I was hired on by a competitor and things were moving along quite well.
I had made them aware that I had ADD and it manifested with symptoms of tardiness, one of many but the only one that "hurt" me as an employee. In my short tenure with the new company I was late 3 or 4 times. The last time I was late, I was warned, ok, the next time your late, we will fire you. I reiterated that it was a symptom of a recently diagnosed dis order, that my prescriptions were still being tweaked in an attempt to improve how the disorder manifested itself. The tardiness had improved but not CURED.
Sure enough, I was late again. I know generally speaking, it comes off as disrespectful, insubordinate, and reeks with a host of other less than mature connotations.
MY POINT,
Since the employer was aware of a medical issue, and the employee was attempting to address and was making progress, is there any grounds for wrongful dis-charge? I'm not looking to sue but I want to understand my rights when challenged by a dis-order that is being addressed. Can wrongful discharge ever be grounds in a right to work state?
Thanks in advance for taking the time to explain, I appreciate the effort.
Blast
 
I was recently let go from a company after being there roughly 4 months. Over the years I have struggled with tardiness in all my endeavors and had no idea it was a symptom of adult attention deficit dis-order. In reflection it all makes sense but I had no idea until diagnosed about a year ago.
Even though I say I struggled with the symptom, I have only had, for all practical purposes, two jobs. One with 22 years total experience and one with 13 years experience. I have been very fortunate in the later position making a 6 figure income for some time now. In May the late of the two, let me go.
I was told when asked why, "production". I am an outside rep on straight commission and at the time of severance, was selling $2 million dollars.
In July of this year I was hired on by a competitor and things were moving along quite well.
I had made them aware that I had ADD and it manifested with symptoms of tardiness, one of many but the only one that "hurt" me as an employee. In my short tenure with the new company I was late 3 or 4 times. The last time I was late, I was warned, ok, the next time your late, we will fire you. I reiterated that it was a symptom of a recently diagnosed dis order, that my prescriptions were still being tweaked in an attempt to improve how the disorder manifested itself. The tardiness had improved but not CURED.
Sure enough, I was late again. I know generally speaking, it comes off as disrespectful, insubordinate, and reeks with a host of other less than mature connotations.
MY POINT,
Since the employer was aware of a medical issue, and the employee was attempting to address and was making progress, is there any grounds for wrongful dis-charge? I'm not looking to sue but I want to understand my rights when challenged by a dis-order that is being addressed. Can wrongful discharge ever be grounds in a right to work state?
Thanks in advance for taking the time to explain, I appreciate the effort.
Blast

This is not a case of wrongful termination, end of story.
 
Are you serious? So not getting up early enough in the morning is a symptom of ADD? I am going to go check w. my doctor and see if I have ADD because I cant get my Lazy butt up in the morning either!
 
Are you serious? So not getting up early enough in the morning is a symptom of ADD? I am going to go check w. my doctor and see if I have ADD because I cant get my Lazy butt up in the morning either!

Crack up, aint it:nuts
 
Are you serious? So not getting up early enough in the morning is a symptom of ADD? I am going to go check w. my doctor and see if I have ADD because I cant get my Lazy butt up in the morning either!
*grinnin*, lazy butt up in the morning? what an idiot. Who said anything about oversleeping? Or, what time of the day I might be late?
Lazy=late. I will say again, what an idiot.

I am 53 yrs old and managed to keep my lazy ass gainfully employed by only two employers for 35 yrs now. I asked a question in general, specifically about a recently diagnosed dis order that was in a treatment phase. My lazy arse has made a buck fifty plus for the last ten years. I would venture to guess you being 10 minutes early and me a half hour late, I would still out produce you with out breaking a sweat. Dang, what an idiot.
 
Are you serious? So not getting up early enough in the morning is a symptom of ADD? I am going to go check w. my doctor and see if I have ADD because I cant get my Lazy butt up in the morning either!

Dang, folks, read the words on your monitor, not the crap your mind is saying. Read the post again and tell me where is says anything about over sleeping or not getting my lazy ass out of bed.
Geezuss, slow down, read the post, just the black part of the post not the white part in between the letters.
Take a deeeeeep breath, THEN RESPOND
 
Crack up, aint it:nuts

*grinnin* yea, he could just go ahead and waste that co-pay, or... who would have THOUGHT, look it up on the internet. Holy buckets,,,,,,,,,theres a thought.
Nahhhhh, that would imply intelligence, or would it infer,,,,,,,,,hmmmm I never get those right.........I prolly over slept that morning.

FYI (prolly=probably in Texas)
 
C'mon, surely someone can beat this bull*%@ thats been posted so far. I mean most of these are only a couple of sentences,,,,,,,,,surely someone can put a thought together...paint a picture.

It seems the epitome of "For man, there is no greater burden than potential" but some of these responses,,,,,,,,Wow, is there an age restriction to post on here?
 
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Just saying-- I am late every day too, I always thought it was over me not getting up -- But maybe If I go to my doctor he will inform me I have ADD and I can tell my boss that ADD is the reason I come in late every day. Not sure who the Idiot is-- Maybe it is me for not thinking of this a long time ago! Good Eye!!
 
Just saying-- I am late every day too, I always thought it was over me not getting up -- But maybe If I go to my doctor he will inform me I have ADD and I can tell my boss that ADD is the reason I come in late every day. Not sure who the Idiot is-- Maybe it is me for not thinking of this a long time ago! Good Eye!!


Just sayin??? I bet your the first one in the rioting mob to say....."I was just standin' here officer"

I mean.....uh.....you know.
 
You don't have a wrongful discharge. Tardiness to work is a well-known no-no. You were warned. You were not treated differently. Yes, they COULD have acknowledged that you are being treated for something, but they aren't obligated to. ADD as an excuse for tardiness is a tough sell. If you are aware of your condition you can just leave earlier, same as anyone else with a tardiness problem. If the job is important enough to you then you have to make the necessary adjustments... the employer doesn't have to conform to you. Frustrating termination, yes.... wrongful termination, no.
 
You don't have a wrongful discharge. Tardiness to work is a well-known no-no. You were warned. You were not treated differently. Yes, they COULD have acknowledged that you are being treated for something, but they aren't obligated to. ADD as an excuse for tardiness is a tough sell. If you are aware of your condition you can just leave earlier, same as anyone else with a tardiness problem. If the job is important enough to you then you have to make the necessary adjustments... the employer doesn't have to conform to you. Frustrating termination, yes.... wrongful termination, no.

Thank-you MM, I, unfortunately agree with you on every point. Do you think, possibly from an EAP stance, if for example, it was Alcoholism or drug addiction linked to the tardiness and the employee ran to treatment, would the case be defensible to the point of reinstatement "if he is a good boy"? Not exactly a parallel but I have seen DUI'ers, (is that a word), sent to treatment or sentenced to weekly AA meetings. If the perception is "disease", no cure but treatable, could it defer judgement while "tweaking" the ADD meds?

Harry-and thank-you for addressing the post I appreciate the critical thought.
 
Even under the ADA, an employer is not obligated to permit behavior that they would not permit in a non-disabled employee; nor does the ADA give you permission to violate tardiness and attendance policies. Doesn't matter what the condition is.
 
I am not so sure ADD is considered a "disease". By it's very definition it is a behavior disorder.
I understand the parallel you want to make, but it doesn't work. When alcoholism and drug use interfere with work they are also significant grounds for dismissal. It is up to you to make the changes that are necessary so that your ADD does not conflict with your obligations to your employer.
You certainly could contact the HR office of the employer and see what you can do about getting reinstated.... after all, you have been a long-time employee and a big producer. It would be in their favor to have you on board... but you would have to prove to them you have addressed the issue and possibly get through a probationary period. Worst they can tell you is "no".
 
Even under the ADA, an employer is not obligated to permit behavior that they would not permit in a non-disabled employee; nor does the ADA give you permission to violate tardiness and attendance policies. Doesn't matter what the condition is.

Could there be argument along the lines of, yes I was warned, but is that not like warning someone in a wheel chair to not run over the whatever, in hall or they too would be let go. Or telling the alcoholic, if you have another drink on or OFF the clock and we THINK it might cloud your decision making ability, your fired.
I cant pull up the verbal skills to draw metaphoric parallels that would illuminate that I have lost the "power or choice" and have no concept of time it seems, sort of saying it takes only 15 minutes to get anywhere in the DFW Metroplex. Now I "know" better yet, based on behavior, dont take the necessary steps.
I agree topically that one should "just adjust your start time silly", and to suggest such, only illuminates the old adage, "Contempt prior to investigation" It is easy to, and I think judge is a harsh word, but judge someones behavior in a way that facilitates making "permanent decisions (fire) based on temporary emotions (superior felt disrespected). I agree they have all the right and power to make that decision but, the decision is being made from a feeling not a fact.
thoughts?
 
Could there be argument along the lines of, yes I was warned, but is that not like warning someone in a wheel chair to not run over the whatever, in hall or they too would be let go. Or telling the alcoholic, if you have another drink on or OFF the clock and we THINK it might cloud your decision making ability, your fired.
I cant pull up the verbal skills to draw metaphoric parallels that would illuminate that I have lost the "power or choice" and have no concept of time it seems, sort of saying it takes only 15 minutes to get anywhere in the DFW Metroplex. Now I "know" better yet, based on behavior, dont take the necessary steps.
I agree topically that one should "just adjust your start time silly", and to suggest such, only illuminates the old adage, "Contempt prior to investigation" It is easy to, and I think judge is a harsh word, but judge someones behavior in a way that facilitates making "permanent decisions (fire) based on temporary emotions (superior felt disrespected). I agree they have all the right and power to make that decision but, the decision is being made from a feeling not a fact.
thoughts?

One word :no:

- Can we get a "beat-a-dead-horse" emoticon, please!!!
 
It is obvious that you desperately want someone to say, Yes, given that you have ADD, it's all right for you to come in late whenever you want.

Unfortunately, that is simply not the case.

Now, let me ask you something. At what time did you say to your employer, "I am seeking an accomodation under the ADA" or words to that effect? Hint - telling them that you have such and such a condition is NOT generally sufficient to put them on notice that an accomodation is required.

BTW, right to work means that you cannot be force to join a union to get work. It has nothing whatsoever to do with your situation.
 
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