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Old 05-14-08, 05:43 PM   #1
c0urt
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My shop let me go

So the bike shop I worked at let me go officially today. I was removed from the schedule a bit back pending a dr's checkup when I had a seizure on my fixed gear while chasing one of my co-workers home.

after reading the note from from my doctor which stated "I should avoid putting myself in dangerous situations" he felt like I would be too much of a liability to keep on the staff.
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Old 05-14-08, 05:46 PM   #2
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Wow court...that's too bad. You must be bummin'
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Old 05-14-08, 05:58 PM   #3
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Are there really that many "dangerous situations" at your bike shop?
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Old 05-14-08, 06:05 PM   #4
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So the bike shop I worked at let me go officially today. I was removed from the schedule a bit back pending a dr's checkup when I had a seizure on my fixed gear while chasing one of my co-workers home.

after reading the note from from my doctor which stated "I should avoid putting myself in dangerous situations" he felt like I would be too much of a liability to keep on the staff.


smooth move ace


they couldnt stick you on the register thats the least dangerous position at any bike shop
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Old 05-14-08, 06:14 PM   #5
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Are you not covered under the ADA?

That's a bummer.

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Old 05-14-08, 06:18 PM   #6
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Are you not covered under the ADA?
I agree....Either there is more to the story OR I would be on the phone to an attorney.
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Old 05-14-08, 06:34 PM   #7
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I had the seizure off the clock, it was on my own time.
plus I sorta manage a liquor store as well.

I really dont know my rights on the situation. my boss dont thinks i should work there. and my doctor actually agreed with him. but on the same note. my doctor told me he he didnt think i should apply for disability, because he felt I wouldnt be suited to sitting around all day.
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Old 05-14-08, 06:38 PM   #8
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I had the seizure off the clock, it was on my own time.
plus I sorta manage a liquor store as well.

I really dont know my rights on the situation. my boss dont thinks i should work there. and my doctor actually agreed with him. but on the same note. my doctor told me he he didnt think i should apply for disability, because he felt I wouldnt be suited to sitting around all day.
What part of the bike job concerned your doctor regarding dangerous situations?
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Old 05-14-08, 06:46 PM   #9
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having a seizure while pulling a bike down off the shelf and dropping it on me of a customer. that was the example he used.
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Old 05-14-08, 06:47 PM   #10
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The Americans with Disabilities Act: http://en.wikipedia.org/wiki/America...es_Act_of_1990

Here's the problem...

The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, worker's compensation, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers.

You might check with your state government's labor department to see if it has any laws that cover your situation.
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Old 05-14-08, 06:52 PM   #11
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That sucks. I'm sorry about that, court!
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Old 05-14-08, 06:52 PM   #12
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having a seizure while pulling a bike down off the shelf and dropping it on me of a customer. that was the example he used.
Then you ask another employee for assistance. Not a valid excuse to fire you. FYI...I have Divisional HR manager for a multi Billion dollar corporation sitting next to me She knows the rules
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Old 05-14-08, 06:53 PM   #13
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2 problems
1)the seizures
2)my short term memory is questionable at best

and he has less than 15 people on staff

Quote:
Originally Posted by deraltekluge View Post
The Americans with Disabilities Act: http://en.wikipedia.org/wiki/America...es_Act_of_1990

Here's the problem...

The ADA states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, worker's compensation, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency, labor organization, or joint labor-management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers.

You might check with your state government's labor department to see if it has any laws that cover your situation.
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Old 05-14-08, 06:57 PM   #14
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2)my short term memory is questionable at best
I am thinking my comment, "there is more to the story" is showing itself.....
No offense....I just have a hard time believing a successful business owner would fire a good employee over a seizure....
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Old 05-14-08, 07:03 PM   #15
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Hey Court....I just read your blog.....Dude take care and find out WTF is going on. Your in my thoughts.
Hope you and your Doc figure it all out in a timely manor.
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Old 05-14-08, 07:09 PM   #16
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I am thinking my comment, "there is more to the story" is showing itself.....
No offense....I just have a hard time believing a successful business owner would fire a good employee over a seizure....
as long as i take my meds it isnt an issue.
hasnt been in a few weeks.

and is was not A seizure. there has only been one recently that put me in the er. I have seizures all the time. just varying degrees of intensity usually when i am off work
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Old 05-14-08, 07:17 PM   #17
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and is was not A seizure. there has only been one recently that put me in the er. I have seizures all the time. just varying degrees of intensity usually when i am off work
I feel for ya. Definitely see if you are eligible for some sort of temporary disability till you get this figured out.
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Old 05-14-08, 07:20 PM   #18
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Based on my understanding of ADA, there is something called reasonable accomodation.

If you can do most of the relevant duties of your job, and the parts of your job that can not be done because of your disability can be accomodated without undue expense to the employer, then they must make the accomodation.

If there are multiple employees, then having one of the others pull bikes off the overhead racks seems reasonable.

Also, as I recall, it may not be necessary to be legally declared as disabled in order to take advantage of the protections afforded by the ADA.

My knowledge is based on training by my employer, so may only apply to companies over a certain size etc.
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Old 05-14-08, 08:05 PM   #19
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cOurt

Sorry about what is going on, hope things get worked out. Keep us updated.
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Old 05-14-08, 08:08 PM   #20
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Sucks, really sorry to hear this. Best of luck working through it.
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Old 05-14-08, 08:23 PM   #21
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Sorry to hear this, c0urt, but check into this. Lots of good advice up there.
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Old 05-14-08, 11:25 PM   #22
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Then you ask another employee for assistance. Not a valid excuse to fire you. FYI...I have Divisional HR manager for a multi Billion dollar corporation sitting next to me She knows the rules
home depot by any chance? if so, please PM me.
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Old 05-14-08, 11:45 PM   #23
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OMG somebody screenshot the post above me!! Formula is typing normal!!
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Old 05-14-08, 11:48 PM   #24
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C0urt, I'd talk to a lawyer who specializes in this sort of thing. Not to sue the shop, mind you, but just to figure out your options and see if you can find a best course of action in the working world. The doc will know the medical and health stuff, but a lawyer will know the stuff that'll get your bills paid.
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