I am 42 yo, disabled veteran living in KY.
I was fired in September because I refused to take a job which I was not able to perform on a daily/continuing basis.
I explained it quickly in the previous post, but I will reiterate a little more.
I was a dispatcher for a local university. The "director" is a very hateful man and the only person who actually likes him is his secretary. He makes up rules as he goes along so one never knows exactly what it required of them on a specific day until you get called in to his office the next day for not doing something right.
On the night in question I was speaking with a young lady who lived in the dorms [the security office is located in the female dorms on the first floor.] who made a comment about there being an "Open Dorm" where the boys from the college dorms would come tour their room. I did not get a pass-down notice of this so I called my immediate supervisor and asked him if he had heard about it and what to do.
He told me to call the housing office and see if they knew about it. I made several calls and finally ended up calling the director of housing [I did not know she was the director at the time since positions change quickly at the university] She said she did not know anything about it. Had never heard of it. I told her it did not surprise me since intra & interdepartmental communications is very poor. But I told her I no guy was going up to any floor after 9 PM [per school policy] unless I had someone in authority tell me it was OK. She suggested I call the director of womens student life. I did: Left a message.
I then tried to call the Associate Dean of Students: Wrong number in the student directory.
I then called the director of security. He said he didn't know anything about it and I should continue to call around and if I did not have an answer when 9:30 PM drew near to call him and he would make a decision. Not a problem
Well, I made some 10 more calls trying to get in touch with someone in authority. Working my way up the chain of command. Finally, after getting in touch with NOONE I called the Dean of Students who is on call 24/7. He was out eating so his son gave me his cell phone number.
The Dean did not know anything about it, but said it was OK and would I write him an e-mail explaining all the problems I had in getting an authoritative confirmation on this. He agreed with me that due to school policy his office, housing office and security offices should have been informed of this function.
I called my "director" back and relayed the message. He told me not to write the dean but to write him and HE would write the dean. [I did write the dean and told him the director told me not to write him but if he had any questions he could ask me.]
The next day a situation arose in class where I had to help a classmate to the associate dean's office because of chest pains. We called an ambulance. Since I worked for security I called them and told them the situation.
My immediate supervisor showed up and we waited outside the associate deans office to see how the buy was.
While we waited my supervisor asked me if I was "Ready to work at "location name"?" I asked why would I work the security job when I was the full time dispatcher, besides I was not able to do the job on a fulltime basis due to my bad back. He then told me that the director of housing "called" and complained that I had been "demeaning" to her. I refuted that and told him exactly what was said.
He said the director had decided to fire me but he talked him in to keeping me at the other location for a few weeks.
I told him I wasn't going to be disciplined for something I did not do wrong. He told me that when I signed in to sit down and write out everything that had happened the night before [remember I had to e-mail the director about what happened so he could e-mail the Dean of Students, so he already knew everything] and he would take it in and talk to the director.
When I did get to work I had no more signed in than I was ordered to the directors office where my immediate supervisor and I had the same dicsussion we had that morning.
I told them I did nothing wrong and I wasn't going to be discplined for something I did not do.
The director finally spoke up and said that the school was an at will employer and my supervisor was asking me to do a job. I reminded him that I could not do the job because of my disability. Which was why I took the dispatchers job in the first place. I did, admittedly, stand a guard watch once in a while. Maybe once a month, but that was only to fill in if hey could not get someone to cover a shift or when someone had emergency problems and they needed off.
The director fired me by saying, "We are an at will employer and we will do what we have to do. You need to turn your shirts in."
As soon as I walked out the door they told everyone I quit.
I tried to follow up by speaking to some of the people who could have, or were actually named, as complaintants. The director of housing outright denied being offended and said that she had never called the director. All communications had been done by e-mail. She said they came to her and asked her to file a complaint and she refused.
I talked to the associate dean of students [this is the type of guy who when told by a guard that several students had been caught in a classroom watching movies after hours denied that those kids would have done that. ] who, by his answers and questions to me, probably did complain since he was the one who authorized the function but did not tell anyone about it. Still, he denied making a complaint.
I then talked to the Dean of Students who said he didn't know I had been fired but had no authority over the director to get my job back.
I then talked to my immediate supervisor who said he never even investigated the situation just took the directors word that someone had complained. He even denied that he knew I had a disabiltiy even though he started out as a security guard and KNEW I was disabled when we talked about our military service. I asked him why they told everyone I quit and he said, "You refused to do the job asked of you. Then you left the building." I said, "You know I'm disabled. Do you deny that the director told me to "turn my shirts in." He said it was after I refused to accept the job. [Well, duuuuuuuh]
Now, the question(s) is/are:
1) What constitutes documentation of a disability? I have read the ADA and it says:
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.{/B]
2) Since I am not able to stand for more than 20 or 30 minutes at a time, and when I do walk for any length of time I am pretty much bed bound for the next 3 days. Does this not qualifiy as a disability?
2a) To go even further since I was and am, to a much lesser extent, an athlete all my life wouldn't my activities fall under the category of "major life activities" is [or was] running, playing basketball, football, tennis, etc.
These things WERE major life activities for me. There was a golfer who won a case against the PGA because the rules did not allow for carts to be used during a tournament. He won because it was considered discrimination against him because he needed the cart to participate due to his handicap.
3) Why can a person be considered disabled by one area of the federal govenment [here the VA] and not fall under the ADA?
4) If I do not fall under the ADA then why can the Postal service turn me down as an "unhealthy safety risk" almost ten years ago when I was in much better shape.
5) Would not the harassment given by this man to me, and all employees [He called one young man a "fag" because he is from Canada]
So, I am looking for two things. 1) An answer to the above questions. Comments are acceptable also
2) A lawyer who would take the case on commission, since I am so broke I can't pay attention. I have just less than a month to file before the 300 days are up. [I was fired Sept. 15,2003].
Thank for any help given.
I was fired in September because I refused to take a job which I was not able to perform on a daily/continuing basis.
I explained it quickly in the previous post, but I will reiterate a little more.
I was a dispatcher for a local university. The "director" is a very hateful man and the only person who actually likes him is his secretary. He makes up rules as he goes along so one never knows exactly what it required of them on a specific day until you get called in to his office the next day for not doing something right.
On the night in question I was speaking with a young lady who lived in the dorms [the security office is located in the female dorms on the first floor.] who made a comment about there being an "Open Dorm" where the boys from the college dorms would come tour their room. I did not get a pass-down notice of this so I called my immediate supervisor and asked him if he had heard about it and what to do.
He told me to call the housing office and see if they knew about it. I made several calls and finally ended up calling the director of housing [I did not know she was the director at the time since positions change quickly at the university] She said she did not know anything about it. Had never heard of it. I told her it did not surprise me since intra & interdepartmental communications is very poor. But I told her I no guy was going up to any floor after 9 PM [per school policy] unless I had someone in authority tell me it was OK. She suggested I call the director of womens student life. I did: Left a message.
I then tried to call the Associate Dean of Students: Wrong number in the student directory.
I then called the director of security. He said he didn't know anything about it and I should continue to call around and if I did not have an answer when 9:30 PM drew near to call him and he would make a decision. Not a problem
Well, I made some 10 more calls trying to get in touch with someone in authority. Working my way up the chain of command. Finally, after getting in touch with NOONE I called the Dean of Students who is on call 24/7. He was out eating so his son gave me his cell phone number.
The Dean did not know anything about it, but said it was OK and would I write him an e-mail explaining all the problems I had in getting an authoritative confirmation on this. He agreed with me that due to school policy his office, housing office and security offices should have been informed of this function.
I called my "director" back and relayed the message. He told me not to write the dean but to write him and HE would write the dean. [I did write the dean and told him the director told me not to write him but if he had any questions he could ask me.]
The next day a situation arose in class where I had to help a classmate to the associate dean's office because of chest pains. We called an ambulance. Since I worked for security I called them and told them the situation.
My immediate supervisor showed up and we waited outside the associate deans office to see how the buy was.
While we waited my supervisor asked me if I was "Ready to work at "location name"?" I asked why would I work the security job when I was the full time dispatcher, besides I was not able to do the job on a fulltime basis due to my bad back. He then told me that the director of housing "called" and complained that I had been "demeaning" to her. I refuted that and told him exactly what was said.
He said the director had decided to fire me but he talked him in to keeping me at the other location for a few weeks.
I told him I wasn't going to be disciplined for something I did not do wrong. He told me that when I signed in to sit down and write out everything that had happened the night before [remember I had to e-mail the director about what happened so he could e-mail the Dean of Students, so he already knew everything] and he would take it in and talk to the director.
When I did get to work I had no more signed in than I was ordered to the directors office where my immediate supervisor and I had the same dicsussion we had that morning.
I told them I did nothing wrong and I wasn't going to be discplined for something I did not do.
The director finally spoke up and said that the school was an at will employer and my supervisor was asking me to do a job. I reminded him that I could not do the job because of my disability. Which was why I took the dispatchers job in the first place. I did, admittedly, stand a guard watch once in a while. Maybe once a month, but that was only to fill in if hey could not get someone to cover a shift or when someone had emergency problems and they needed off.
The director fired me by saying, "We are an at will employer and we will do what we have to do. You need to turn your shirts in."
As soon as I walked out the door they told everyone I quit.
I tried to follow up by speaking to some of the people who could have, or were actually named, as complaintants. The director of housing outright denied being offended and said that she had never called the director. All communications had been done by e-mail. She said they came to her and asked her to file a complaint and she refused.
I talked to the associate dean of students [this is the type of guy who when told by a guard that several students had been caught in a classroom watching movies after hours denied that those kids would have done that. ] who, by his answers and questions to me, probably did complain since he was the one who authorized the function but did not tell anyone about it. Still, he denied making a complaint.
I then talked to the Dean of Students who said he didn't know I had been fired but had no authority over the director to get my job back.
I then talked to my immediate supervisor who said he never even investigated the situation just took the directors word that someone had complained. He even denied that he knew I had a disabiltiy even though he started out as a security guard and KNEW I was disabled when we talked about our military service. I asked him why they told everyone I quit and he said, "You refused to do the job asked of you. Then you left the building." I said, "You know I'm disabled. Do you deny that the director told me to "turn my shirts in." He said it was after I refused to accept the job. [Well, duuuuuuuh]
Now, the question(s) is/are:
1) What constitutes documentation of a disability? I have read the ADA and it says:
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.{/B]
2) Since I am not able to stand for more than 20 or 30 minutes at a time, and when I do walk for any length of time I am pretty much bed bound for the next 3 days. Does this not qualifiy as a disability?
2a) To go even further since I was and am, to a much lesser extent, an athlete all my life wouldn't my activities fall under the category of "major life activities" is [or was] running, playing basketball, football, tennis, etc.
These things WERE major life activities for me. There was a golfer who won a case against the PGA because the rules did not allow for carts to be used during a tournament. He won because it was considered discrimination against him because he needed the cart to participate due to his handicap.
3) Why can a person be considered disabled by one area of the federal govenment [here the VA] and not fall under the ADA?
4) If I do not fall under the ADA then why can the Postal service turn me down as an "unhealthy safety risk" almost ten years ago when I was in much better shape.
5) Would not the harassment given by this man to me, and all employees [He called one young man a "fag" because he is from Canada]
So, I am looking for two things. 1) An answer to the above questions. Comments are acceptable also
2) A lawyer who would take the case on commission, since I am so broke I can't pay attention. I have just less than a month to file before the 300 days are up. [I was fired Sept. 15,2003].
Thank for any help given.
