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Can I be canned if I'm an at-will/seasonal employee if I

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Thread replies: 58
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Can I be canned if I'm an at-will/seasonal employee if I get admitted to inpatient care for severe mental illness? Does that disability act protect me for this?

I can't fucking take it anymore but I don't want to lose my job. I just need a few days.
>>
No dude, go get help
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>>962735
What do I tell my employer?
>>
You got sick and went to the hospital
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>>962747
But at-will employers can terminate you for getting sick or injured and not being able to work because of it. That's why I'm asking, because I don't know if me being fucked in the head and going for treatment will be protected by that disability act.
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>>962752

I guess if you were a shit employee they will but if they value you they wont
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>>962755
So I'll take that as an "you're fucked" then.
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>>962725
You cant have the money and not put the work in, OP. Unless this will make you homeless, go get help, you ll find another job/get employed at the same place again.
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>>962758
Yes it will make me homeless.
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>>962738
>>962752
>>962757
>>962759
Is your "severe mental illness" your lack of long-term and critical thinking?

Because I don't think you even need a doctor to diagnose that.
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>>962759
Seems you're in a tight spot then. Can't really give any advices since i dont know you or your illness, so I'll just wish you best of luck. Hopefully you'll get better.
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>>962761
Sorry for being a poor 20yo with no friends or family and having schizophrenia.
Sorry for not anticipating schizophrenia.
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>>962788
I really don't understand your train of thought.

So you have schizophrenia... And you're questioning whether you should go to a doctor?

Do you also question whether you should go to the hospital if you broke a bone or coughing up blood?
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>>962792
If I lose my job I'll be homeless and I'd rather suicide than do that again
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>>962725
They can fire you because you wore your shirt untucked. You can quit because your boss looks like a troll.

At will means at will. Nothing making you stay or making then keep you.
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>>962804
So you're saying my options are: suicide, get fired and become homeless, or will my problems away.
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>>962819
Or option 4: continue to post on 4chan
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>>962819
I'd choose suicide tbqh.

You have schizophrenia senpai. there is no point of life.

Soon you will imagine this entire thread was a figment of your imagination then you will question reality and whether this thread actually exists or it's voices in your head playing tricks on you.
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>>962880
You have no idea about what you're talking about.
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>>962880

Is this what people really think having schizophrenia is like, jesus christ.

Fucking normalfags
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>>962725
Mental illness can qualify for protection under FMLA, ADA, and/or some state discrimination laws. It depends on the nature of your condition.

If you actually have a "severe mental illness" and that condition results in you being admitted to a hospital or treatment facility, and the condition is confirmed by medical authorities, then I'd say its pretty likely that you'd be afforded some form of legal protection for your job. The specifics will depend on the nature of the disability and which laws apply.
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>>962892
If being a normalfag means not having mental illness... then thank god I'm a normalfag.

Feels good bro
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>>962905
No it just means you're stupid and talking about things you don't understand. You should be embarrassed.

>ha-ha fag at least I'm not schizo!!!
There, I did it for you.
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>>962901
Listen to this fgt, and do your own research. Make sure your condition at the hospital is documented well, and get copies of that afterwards for your job.
>>962725
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>>962906
>The person with a literal mental illness who is practically homeless, who is considering suicide on an anime board calls me stupid

Wow you know, it's really hard to get offended when the person who insulted you is inferior to you, both genetically, spiritually, monetarily and mentally.

You also mentioned you have no friends or family, gee I wonder why. I wouldn't want to be related to someone like you as well.

I try to help you and in turn you insult me. Maybe you should kill yourself afterall. No one will even come to your funeral, anyone who has ever known you would probably be relieved and unsurprised.
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>>962901
Even for at will?
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>>962913
>mfw normalfag retard thinks he's gonna hurt my feelings with this
Good laugh
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>>962915
>mentallyillfag with no friends or family who is literally contemplating suicide on a taiwanese shitposting board thinks he's superior to "normalfags"

F am you are literally genetically inferior. It's best your genepool just die off now rather than later. It's not like you'll reproduce anyway.
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>>962913
You're a sad person and I feel sorry for you.
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>>962914
Yes, even for at will.

However, it's important that you understand that even if your condition qualifies you for protected status, that does not mean you have a guaranteed job for life. While it may be illegal to fire you for having a medical condition, it is legal to fire you for being unable to show up and do your job.

Specifically, the law might give you protected leave to get your condition treated or under control (e.g., FMLA), or might force your employer to make reasonable accommodations for your condition (ADA), or prevent the employer from firing you solely because you were or currently are ill (anti-discrimination laws).

However, if the condition results in you being unable to actually perform the requirements of the job, then you can be terminated.

>insert standard disclaimer: this stuff is very complicated, and its impossible to give you anything but very general advice and an overview of the law
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>>962922
You got some serious anger issues yourself buddy, and you're probably heavily projecting right now.
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>>962923
>>962926
I just get triggered by retarded /r9k/ lingo like "normalfag" "stacy/chad".

Why do subhumans try to feel superior to others when, if they analyze their lives they are among the most pathetic people on earth.

>Mentally ill(Genetically inferior)
>No friends(Unlikable, probably an asshole/autist)
>No family(EVEN HIS RELATIVES CAN'T STAND HIM)
>No money(Bad spending habits/unresponsile)
>Will be homeless(shows poor longterm thinking)
>Probably goes on 4chan all day(Evidence is that he seeks 4chan for help for serious life issues, rather than a knowledgeable real life person)
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>>962922

It's hilarious how normalfags think they're better yet act like they were dropped on their head at birth. You talk like a fucking socipath, maybe you're the one who should get your head checked.
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>>962933

So basically you admit you're a sociopath? Because most "normal" people have some shred of empathy for their fellow men.

And I was wrong, calling you a normalfag isn't the right word. You're not normal or even close to it. Again, normal people don't respond to people with mental illnesses by saying it's their fault for being genetically inferior.

Then again, normal people don't surf 4chan either.
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>>962935
Being the best is seeing the best in everything
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>>962935
>>962937
I didn't start this tho, just by using the term "normalfag" you are implying superiority, which is strange because they are superior to you...

Why are you even on this board? In all likelyhood you're a NEET and would be better suited staying on /r9k/ where faggots like you can be bitter and aggressive towards anyone who achieves even moderate success.
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>>962725
Kill yourself maybe?
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File: you.jpg (33KB, 500x400px) Image search: [Google]
you.jpg
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>>962922
>>962913
Sorry I couldn't respond. I was finishing my shift and my phone was dead. Let's recap what you've said in the thread thus far:

>enter shitflinging attempting to insult the intelligence of the OP for not budgeting for medical emergencies
>get told that I didn't budget for schizophrenia
>you have poor reading comprehension, can't understand what I'm saying despite literally spelling it out for you
You said:
>I really don't understand your train of thought.
>So you have schizophrenia... And you're questioning whether you should go to a doctor?
When I clearly said:
>But at-will employers can terminate you for getting sick or injured and not being able to work because of it. That's why I'm asking, because I don't know if me being fucked in the head and going for treatment will be protected by that disability act.
Clearly showing that I know I need to go to a hospital, but don't want to lose my job over it.
Then you gave your "advice" (telling someone to kill themselves isn't advice, by the way), and said something that exposed how uninformed and uneducated you are about the topic you are trying to enlighten me about
>Soon you will imagine this entire thread was a figment of your imagination then you will question reality and whether this thread actually exists or it's voices in your head playing tricks on you.
People then pointed out how idiotic what you said was, and called you stupid, because you are. You got incredibly embarrassed and made this laughable post: >>962913 in which you made a bunch of unverifiable claims of superiority in an attempt to curb your embarrassment (and probably insecurity, since you seem like the type to come on here and laugh at people worse off than you). Then you told me to kill myself again, and said something retarded again:
>No one will even come to your funeral, anyone who has ever known you would probably be relieved and unsurprised.
Of course no one is going to come to my funeral. No one would pay for it.
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>>962922
Then you start with the >muh genes bullshit. There is no way to argue on this point. Yes, I have schizophrenia and it is in my genes. It has a low occurrence rate. I am also 6'4" and have a large penis. You may have a predisposition to cancer or some other disease in your genes. You may be 5'5". I don't know. There is no one to know because it's unverifiable, and you would surely lie if you had any bad genes in an attempt to continue your "i'm genetically superior" argument.

Just to clarify, I have no family because they are all dead or left when I was young, not because they cut contact with me voluntarily.
You're also claiming homelessness is an inevitability when it really isn't. If I get fired tomorrow, yeah I'd probably be homeless, but my paycheck can pay all my bills 3 times over. I simply don't have any savings right now because I just started this job (1 month) after spending most of my savings moving across the country for uni next year.

All this shitflinging just because you can't stand to be embarrassed about saying something idiotic.
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>>963099
>>963104
Maybe you have autism as well.

Why are you writing an essay nigga i'm not even going to read it
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>>963112
>Why are you writing an essay nigga i'm not even going to read it
Wouldn't make a difference if you did because you have piss poor reading comprehension in the first place.

also
>get BTFO
>a-autistic guy s-stop writing e-essays!!

You're pathetic. I might be deranged but you're just an idiot.
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>>962752
You don't have to tell them why or explain. Tell them you were "sick" and show them a vague hospital bill or doctors note that does not detail your mental illness anywhere at all.

You have to inform them if you're taking time off or sick. You do not have to inform them of your medical conditions or situations unless you are specifically asking for accommodations to your work environment.

You're "sick." It doesn't need to be explained.

And yeah, they may still fire you, but take care of yourself, anon. That's important, too. And other positions will be available in a few days. It can help when you're informing your current employer that you're going to be sick for a few days that you are incredibly sorry for the unexpectedness, but you are very glad to have this job, and you are looking forward to coming back and working very hard. Thank them for the consideration. In other words, butter 'em up a little bit so they don't think about firing you.
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>>963118
I thought about doing this, but I've already seen some other people that started there with me get fired for taking just a day or two off. It's a warehouse, and it's the middle of peak season, so it's very busy. I am guessing that if I take off the 3-5 days I would be in inpatient care, I would be told to just not come back.

They regularly fire people and hire new temps. Like, at least one or two people get fired and 2-3 come on the team per week.

If I'm gonna do this, I would need to protected from being fired by some law like the FMLA or ADA like the guy above posted, but even he said that I can still be fired for not being able to show up and do my job.
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>>963115
stay poor :^)

>mfw thinking of how "smug" you'll be when you're homeless and in a mental institution because of your schizophrenia
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>>963126
Oh, you work for epic fucking jackasses.

I'm sorry anon, but there's not anything you can do other than take a chance and most likely get fired. What they're going to do is fire you anyways, because even if you try to bring a lawsuit covering FMLA or ADA, then they're going to let you sue and take time and in the end get very little if you even pursue it that far. Taking a chance on litigation is still very, very much in their favor. Mostly because FMLA doesn't cover you:
>Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles
And ADA will not cover you either:
>but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered

iHaz is a fucking retard (a) for not mentioning you don't have to disclose your medical conditions and (b) for even bringing FMLA/ADA into this argument, so you can ignore him.

I'm sorry, but you're not protected and you work for shitlords.
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>>963137
Well fuck. I guess I'll just try to last the 3 weeks until my actual psychiatrist appointment.

Thanks for the help.
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>And ADA will not cover you either:
There should be a "probably" in there. If you're not already diagnosed with a chronic condition, though, then you can take the probably out.

>>963143
I'm sorry, anon. We're here if you need help or to talk thing through. You can go over to /adv/ or we can help you find other resources that might help you on the short term. I hope everything turns out alright for you, dude.
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>>963137
>not mentioning you don't have to disclose your medical conditions
I didn't mention it because if OP wants to keep his job, then he'll have to disclose it.

Did you read the original post, or any of OP's other posts. The guy really wants to keep the job. So, unlike you, I gave advice that might make that possible.

Your only advice is "tough shit" which is not only inaccurate and incomplete, but shows the legal sophistication of a fucking moron.

>even bringing FMLA/ADA
I never said that FMLA, ADA or any other law does or does not apply. What I said was it depends on the circumstances and the condition. You also haven't even mentioned state laws, which are often more protective than Federal statutes. Since we don't know where OP is from, it would be wrong to ignore the full potential of statutory protections.

When non-lawyers like you try to give legal advice over the internet, you do so much more harm than good. Its a real shame, because the person that bears the brunt is OP, and he didn't do anything to deserve your shitty advice.
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>>963203
I read all of his posts, and just because the answer does not come out in his favor, does not mean I didn't review most options. My advice wasn't "tough shit." I quoted literature directly from ADA and FMLA, his main two safety nets.

>I didn't mention it because if OP wants to keep his job, then he'll have to disclose it.
No, he doesn't. He may have to provide a doctor's note as proof that his leave was medical and not bullshit, but it is illegal to demand detailed medical information from employees outside of what is needed to determine whether the employee is able to work. Generally, an employer may only seek information about an employee's medical condition when it is job related and consistent with business necessity. He's not asking for accommodations, but time off, and unless the employer thinks OP poses a safety hazard, then they cannot question him further. On top of those disclosure facts, it is my opinion that disclosing his situation would not be favorable when he's working for massive jackasses that fire people for farting wrong. Disclosing an unstable situation just makes him a target, and at-will employers that act the OP described have no problem firing someone for any other infraction when they are really discriminating against the mentally ill dude.
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>>963226
>I never said that FMLA, ADA or any other law does or does not apply.
No, you mentioned the FMLA and ADA like they *might* apply.
And from the information OP supplied us with, then one can determine FMLA and ADA do not apply (greentext from >>963137 explains why). He is a temporary, seasonal employee hired a month ago (out goes FMLA) and he's asking for 3 to 5 days off for a hospital visit (short term non chronic, so out goes ADA most likely). I amended my post to say "probably" can't use the ADA, because I don't know all the details, but I'm assuming it's a non-diagnosed, non-chronic condition at this point in time.

Now outside of those facts, my opinion is that even if he wanted to pursue ADA protection, he would still be fired by this company and he would have to sue to get any ADA ruling. This would not help him with his original problem, which would be to keep his job. Employer's in an at-will state are not going to keep a seasonal employees under their employ because they are threatening to pursue a dubious ADA case. They will fire him and list "showing up late by 1 minute" and "taking a 16 minute break" as the reason for being fired. And proving ADA non-compliance when they don't even know he's mentally ill before he requested time off? It's very unlikely, and most businesses that already operate on fire-everybody-fuck-'em standards are just going to fire this guy, too. Because, this is an at-will state.
>You also haven't even mentioned state laws
Because this is an at-will state. That's the basis for their employment laws, and those states are generally not friendly. Please tell me what other state laws I should apply to this situation? Because you're not even mentioning them; you're just vague-posting about "Hey, you might be covered under some... random... state... law?" At-will. Tells you 80% of what you need to know. OP can provide the state and let you dig up any other applicable laws if you really think there's gonna be something there.
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>>963227
>When non-lawyers like you try to give legal advice over the internet
You can assume I'm not a lawyer, doesn't mean I'm not. Also doesn't mean I don't work in a job where I'm neck deep in employment compliance day-in day-out for businesses that hire my business to help them, and frequently deal with employment laws and compliance. But thanks for that ad hominem. I gave OP direct quotes from the laws that can or cannot protect him, and approached his situation logically. Just like I called you a fucking retard because that opinion has been cultivated over the months (years?) of visiting /biz/ and seeing you be a fucking retard. You can never acknowledge that advice outside of your own might be correct, and your arguing skills suck (stay retired).
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>>963226
>proof that his leave was medical
Being "medical" isn't a standard under FMLA, ADA, or any state law variant. The standard is the existence of a disability or a qualifying condition.

Also, calling his employer "massive jackasses" is juvenile. Employers are allowed to exercise their legal rights, just the same as their employees. If you don't like the laws, then blame Congress. Blaming the employer for following the law is just asinine.

>>963228
>You can assume I'm not a lawyer, doesn't mean I'm not.
I don't really need to assume. It's not hard to tell when someone has or doesn't have the type of critical analysis that comes with law degree and/or years of legal practice. I didn't assume; I inferred.

I don't know whether you have any background in employment issues or not. I do know that you have no idea how someone would invoke their FMLA, ADA or other rights. OP can either keep his condition private, or he can seek to invoke whatever statutory employment protections that might apply. He can't do both, no matter how many times you (wrongly) claim otherwise.
>>
>>963242
>Being "medical" isn't a standard under FMLA, ADA, or any state law variant.
I wasn't talking about FMLA, ADA, or any other law's language as something that uses "medical" as a standard; you're applying a different meaning/interpretation to what I was saying.

I was talking about his request for time off from his employer and the language he should use with his employer. They will ask for a reason, and he will tell them "medical" because he's not required to elaborate, and his employer will probably ask for proof, and he can give them a doctor's note that doesn't disclose his medical diagnosis. My argument was that he is not legally required to inform his employer about the details of any medical conditions under ADA rules (barring exceptions I previously listed), and it is my opinion that it would not benefit him to inform the employer.

>Also, calling his employer "massive jackasses" is juvenile.
This is 4chan, you fucktard, of course it's juvenile. They are being jackasses when it comes to employee security and morale anyways.
>They regularly fire people and hire new temps. Like, at least one or two people get fired and 2-3 come on the team per week.
>>
>If you don't like the laws, then blame Congress. Blaming the employer for following the law is just asinine.
Lay off the straw man bullshit, alright? I never said I don't like the laws (I'm from an at-will state and like it that way personally), and I'm offering advice based on how employer's can operate within them. Stating how I think the employer will act (firing OP anyways) because it is the likely and legal option (at-will state) is not "blaming" anyone, but stating what I think will happen with some colorful cursewords thrown in for good measure.

>It's not hard to tell when someone has or doesn't have the type of critical analysis that comes with law degree and/or years of legal practice.
I see. No other profession or person has the ability to critically analyze, interpret, or understand legal issues, or any issues for that matter. Sometimes I bemoan my inability to logic, but alas, with no bar exam under my belt, I am adrift in this world unable to grasp neither logic nor reasoning. (Now before you go, "Uh, uh, now you are straw manning," realize that I was employing sarcasm. I feel like I will need to point this out to you.)
Though if I was judging the profession by your abilities, then I'd simply have to master logical fallacies and vague advice.
>I didn't assume; I inferred
Less than 1% of the population of the United States are lawyers. I don't know how you lucked out with that guess. Besides, most lawyers are probably too good to be here, being busy with their jobs and all.
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>>963265
>I don't know whether you have any background in employment issues or not.
But your logic and inductive reasoning, can't you tell? Well, maybe I'll give you a free pass. Yes, yes I do have a background in employment issues. I'm a tax accountant. If you think law research is fun, then delve into some IRS and state level shit. It'll feel like home. And since we also cover bookkeeping and payroll for a few of our larger clients who are small businesses (too small for an HR department), then we get to help them cover employment and other compliance issues beyond tax, payroll, registering, state laws,etc. and consult lawyers to answer legal questions and keep the clients in house. A well-rounded service, but something where you have to understand employment rules, issues, laws, etc.

One thing I do take pride in is knowing my limits. When a question strays too far into legal territory, then I ask legal for references and application. Just like a lawyer would never give tax advice, right? Anyways, since I do value the critical analysis of lawyers such as yourself, why don't you explain to me how OP can invoke ADA protection from his employer and keep his job at the same time, and under what basis for protection he will be making his ADA claim and how strong is his claim? Do you believe OP's company would fire him or not, even under threat of an ADA lawsuit? How do most businesses that casually fire employees react to such situations?

Why don't you answer those questions for OP (you know, give advice, not just "Mental illness can qualify for protection under FMLA, ADA, and/or some state discrimination laws") with applicable advice on how his situation might go down, and get back to the thread topic. Cause I'm going to bed.
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>>963267
>Why don't you answer those questions for OP
Because the ethical rules of my profession prevent me from making specific statements of law that might be deemed to created or have created an attorney-client relationship or to solicit such a relationship. I'm not going to risk civil liability, disciplinary action, or suspension of my license by giving an anonymous stranger specific legal advice, especially when the full details of the situation are unknown.

You, on the other hand, are free to give your lay opinions on legal topics with whatever degree of confidence you choose to muster at that moment. There's literally no consequence to your actions, and no harm if/when you're wrong (other than whatever damage you cause to the people who listen to you).

For better or worse, I operate under a higher set of rules in these cases. As an accountant, I'm surprised you didn't know about this. I'm aware that accountants have an ethical code of conduct as well, although it obviously doesn't apply here.
>>
OP please read.

You do not have to disclose medical information to your employers. Those records are for you and you only + the medical staff that takes care of you.

I've been diagnosed with severe depression and had to get treated during school. It sucks. I don't know what the medication path for schizophrenia is like, but I do know once you find the pill it will be a miracle, you'll go from zero functionality to 95% if you're a severe case. People literally go raving mad to normal human being with one pill.

It sounds like you are worried that you won't be able to do your job anymore due to treatment or the illness (not because you get fired, because you can't do anything) this could be the case, but it is nothing to be ashamed of.

I would look into private disability and see if you can get on a plan that guarentees a % of your income and then go ahead and go hard and heavy into your treatment. If you need to fuck off work, then you can claim disability. If you don't need it, then you don't need it.

Hope it helps.
>>
>>963279
why are you tripfagging if you think it invokes attorney/client privilege?
Thread posts: 58
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