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    Attempted to file a discimination lawsuit
    avatar
    veryindependent posted:

    I was "laid off" from my last job. My diagnosis was only three weeks away. This was during the height of the recession in 2009.



    My manager and VP made it quite plain they were sure I was faking. My neurologist at the time was also sure the lesions meant nothing and was sure I was faking.



    I did see an attorney, but the management had needed to cover their tracks on several fronts and did a general downsizing where everyone had to sign agreements that covered all topics and all lawsuits and whistleblowing. The attorney made it very clear their job would be too hard under those circumstances.



    My diagnosis came through a better neurologist who referred me to an MS specialist. I am feeling much better under his care. But I was so burned by my experience that I hadn't disclosed my diagnosis to my current employer. I don't want a repeat of the discrimination. Makes it difficult when my symptoms worsen.

    Reply
     
    avatar
    hackwriter responded:
    Hi very,

    It's definitely a tough call, deciding whether to disclose the MS to your employer. Some people work for very compassionate employers that give an MSer a lot of latitude when they need time off. Others, not so much.

    I had to walk away from a job in which work stress affected me but I didn't yet have the diagnosis. Once I was given the diagnosis after starting another job, I didn't tell my employers I had MS, but I did tell one or two co-workers. I was abruptly fired after 18 months, but I'm convinced it wasn't that the VP knew about the MS, it was that he wanted to put another worker in my place. He said I had left some paperwork in my IN box before going on vacation, and that was grounds for dismissal, which was completely within legal bounds in an at-will employment situation.

    Which is the main reason why most people lose discrimination cases, that pesky at-will thing. It's probably best to err on the side of caution in disclosing your condition, but it won't protect you from losing your job if an employer really wants to get rid of you for any reason.

    I hope you are able to keep your job and use sick time when the MS kicks your ass. Please do keep us updated on your situation.

    Kim


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