Does This Sound Right?

[Bub]

Manager came to me and said they had been expecting my resignation as I was going to quit and apply for diability.  I said I wasnt ready and wanted to work until August and then reassess my options. Manager said that if push come to shove and the they had to lay off people....  Left it hanging ominously. The reasoning is that I can always fall back on disability if I have to, and others here could not.  So I am first on the lay off list if that happens.  Is that fair?  Would I be on that list if I did not have kidney failure? No lay offs yet, but dire straits here now.

[iketchum]

Too bad you couldnt document the thing he said to you. They cannot use that as a reason to lay you off unless your performance was an issue. They did lay me and another medically challanged person off from where I was working. Makes you wonder sometimes. I couldnt do the job I was hired to do because my eyes kept going out on me and I am restricted as to how much I can lift. The VA and ssdi come up to as much as I made working so no complaints here.

[fc2821]

       Of course it isn't fair.  I wish I knew more about the legal apsects of this, but I bet it isn't legal. 

[Malibu]

That sucks. 

[fc2821]

     
Americans with Disabilities Act

        The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

     Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he 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.

       the ADA Information Line:     1-800-514-0301

[Bub]

Thanks fc2821 I am gonna call that 800 number if things dont improve.

[fc2821]

    Bub I hope things improve and you don't have to call the number. 

[Stacy Without An E]

Not only would I hold on to the phone number, I would also check LegalZoom.com for a lawyer to consult with.  What your manager is suggesting is illegal, no doubt about it. 

Using people on Dialysis as pawns in layoffs is abhorrent and discriminatory.