I Hate Dialysis Message Board
Welcome, Guest. Please login or register.
January 23, 2019, 11:47:42 PM

Login with username, password and session length
Search:     Advanced search
526046 Posts in 32997 Topics by 12215 Members
Latest Member: CoCo113
* Home Help Search Login Register
+  I Hate Dialysis Message Board
|-+  Dialysis Discussion
| |-+  Dialysis: Working while on Dialysis (Moderator: Charlie B53)
| | |-+  If Not During Job Interview, When Do You Tell Them?
0 Members and 1 Guest are viewing this topic. « previous next »
Pages: [1] Go Down Print
Author Topic: If Not During Job Interview, When Do You Tell Them?  (Read 296 times)
PrimeTimer
Elite Member
*****
Offline Offline

Gender: Female
Posts: 2093


« on: December 11, 2018, 06:06:27 PM »

My husband was fired from his job today. He was their #1 top rated employee nationwide and had an excellent work history. When they say you can't be fired for being on dialysis, that is bull. He did nothing wrong and they have known about his dialysis since he started 5 years ago. HR even once told him that he cannot be fired for being on dialysis. Today however, the HR rep that fired him admitted that she didn't know he was on dialysis but made no more mention of it. He was terminated. We were completely blindsided by this, sick to our stomachs. It's like a bad nitemare. Like they must have made some sort of mistake. My husband is thinking of contacting a lawyer but in the meantime, bills (lots of them) need to be paid. I'm glad I haven't put up a Xmas tree yet because I'd probably be throwing it out a window right now. My husband feels even worse. This can't be good for his health. His neph is probably going to have a fit. Fresenius will probably have one, that's for sure.

Anyway, sorry for the rant...back to my question. Hubby is already starting on a new resume and hoping to line up job interviews. We are wondering about when he should tell his next employer or should I say "prospective employer" that he goes to dialysis 3x a week. If not during an interview, when? How?
Logged

Husband has ESRD with Type I Diabetes -Insulin Dependent.
I was his carepartner for home hemodialysis using Nxstage December 2013-July 2016.
He went back to doing in-center July 2016.
Simon Dog
Elite Member
*****
Offline Offline

Gender: Male
Posts: 3120


« Reply #1 on: December 11, 2018, 06:08:39 PM »

Quote
If not during an interview, when? How?
Post written job offer time.

Use the terms "disability" and "reasonable accommodation".    HR will understand what you are talking about  8)
Logged
PrimeTimer
Elite Member
*****
Offline Offline

Gender: Female
Posts: 2093


« Reply #2 on: December 11, 2018, 09:55:21 PM »

Quote
If not during an interview, when? How?
Post written job offer time.

Use the terms "disability" and "reasonable accommodation".    HR will understand what you are talking about  8)

BIG thanks!!  :thx; :-*
Logged

Husband has ESRD with Type I Diabetes -Insulin Dependent.
I was his carepartner for home hemodialysis using Nxstage December 2013-July 2016.
He went back to doing in-center July 2016.
UkrainianTracksuit
Full Member
***
Offline Offline

Gender: Female
Posts: 345

« Reply #3 on: December 12, 2018, 11:03:47 AM »

PT, I have nothing informative to add but I wanted to just :( at your husbandís misfortune. It doesnít mean much but here is a hug.  :grouphug;
Logged
justagirl2325
Full Member
***
Offline Offline

Posts: 257

« Reply #4 on: December 12, 2018, 03:25:20 PM »

Sorry for you and your husband and I agree with Simon's exact words and timing.
Logged
PrimeTimer
Elite Member
*****
Offline Offline

Gender: Female
Posts: 2093


« Reply #5 on: December 12, 2018, 03:47:48 PM »

Well, hubbies employer (now former) may regret firing him. A lot of their clients have always personally requested my husband for an assignment. Even a govt agency has used him (scary, I know!). Well, like I had said, he is highly rated in the country. Well, the phone has been ringing off the hook here at home today with clients requesting...my husband! This is surely going to cost his former employer....a-holes. Hubby already had a new resume done up today and hopes for job interviews later in the week. Altho I cannot say or discuss the specifics of his work (sorry, it's for his protection) I will say it is highly specialized and requires a license. The average age for someone in his line of work to be well-honed and fully licensed is 56. He just turned 60 and has more than 25 years experience. Yeah....former employer may have shot themselves in the foot. They haven't been in the business long and so obviously have a lot still to learn. A-holes. ha ha ha
Logged

Husband has ESRD with Type I Diabetes -Insulin Dependent.
I was his carepartner for home hemodialysis using Nxstage December 2013-July 2016.
He went back to doing in-center July 2016.
iolaire
Elite Member
*****
Offline Offline

Gender: Male
Posts: 1510


« Reply #6 on: December 12, 2018, 06:13:43 PM »

Should he just move to consulting directly with theses clients?  Being aware of course of any non compete clause in his previous employers contract.
Logged

Transplant July 2017 from out of state deceased donor, waited three weeks the creatine to fall into expected range, dialysis December 2013 - July 2017.

Well on dialysis I traveled a lot and posted about international trips in the Dialysis: Traveling Tips and Stories section.
PrimeTimer
Elite Member
*****
Offline Offline

Gender: Female
Posts: 2093


« Reply #7 on: December 12, 2018, 09:34:14 PM »

Should he just move to consulting directly with theses clients?  Being aware of course of any non compete clause in his previous employers contract.

There's no non-compete clause, no contract. He can work either independently or for a company and clients/the customers can choose to call upon any company and/or licensed professional of their choice. That's why clients are already calling him. They know this and they want his skill level and no screw ups or flakes. We're upset about him being fired but when the calls started coming in today we realized that perhaps he is in a better position now for the future. Maybe this will be a blessing in disguise, who knows. What's interesting is that a long while back an HR rep told him he couldn't be fired because he's in a protected class (dialysis) however, the HR rep that fired him paused for a minute and then admitted that she didn't know he was on dialysis. 'Doh!!  To put a hair up their butt he might get a lawyer.
Logged

Husband has ESRD with Type I Diabetes -Insulin Dependent.
I was his carepartner for home hemodialysis using Nxstage December 2013-July 2016.
He went back to doing in-center July 2016.
Paul
Sr. Member
****
Offline Offline

Gender: Male
Posts: 892


That's another fine TARDIS you got me into Stanley

« Reply #8 on: December 20, 2018, 05:19:55 PM »

(Please note that this post was modified after Simon Dog pointed out an error in it. I originally misspelled "omission" which the spell checker changed to "admission", which is what Simon Dog is talking about in his post. I have since corrected this post.)

Before I was on dialysis, before I even knew what it was, I was twice in the position of hiring people. In both cases, if it had been explained to me by the applicant at the interview, and he/she could fit it in with the work schedule, the fact that they were on dialysis would have made no difference to me in employing them. However if they had not told me at the interview and I had found out after employing them, I would have fired them for "lying by omission" during the interview.
« Last Edit: December 20, 2018, 06:27:34 PM by Paul » Logged

Whoever said "God does not make mistakes" has obviously never seen the complete bog up he made of my kidneys!
Simon Dog
Elite Member
*****
Offline Offline

Gender: Male
Posts: 3120


« Reply #9 on: December 20, 2018, 05:28:05 PM »

Before I was on dialysis, before I even knew what it was, I was twice in the position of hiring people. In both cases, if it had been explained to me by the applicant at the interview, and he/she could fit it in with the work schedule, the fact that they were on dialysis would have made no difference to me in employing them. However if they had not told me at the interview and I had found out after employing them, I would have fired them for "lying by admission" during the interview.
1.  I assume you mean "lying by omission".    There is no "omission" unless you ask.   Legally, a disability is not a liability to the job seeker, and you are prohibited from making it one.

2.  If you fire them for not volunteering they have a disability and are able to do the work with a "reasonable accommodation", you are in a world of legal hurt. Firing someone for not mentioning something you are prohibited by law from using against them would be proof that you did indeed use the disability against them and would legally be no different for firing a remote worker for failing to tell you he was black.

Logged
Paul
Sr. Member
****
Offline Offline

Gender: Male
Posts: 892


That's another fine TARDIS you got me into Stanley

« Reply #10 on: December 20, 2018, 06:19:50 PM »

1.  I assume you mean "lying by omission".    There is no "omission" unless you ask.   Legally, a disability is not a liability to the job seeker, and you are prohibited from making it one.

Correct, that is what I mean. Misspelt "omission" and did not realise that  the spellchecker had offered up the wrong word.

2.  If you fire them for not volunteering they have a disability and are able to do the work with a "reasonable accommodation", you are in a world of legal hurt. Firing someone for not mentioning something you are prohibited by law from using against them would be proof that you did indeed use the disability against them and would legally be no different for firing a remote worker for failing to tell you he was black.

Obtaining a job by deception is not only grounds for dismissal, it is also a criminal offence! I'm not firing him for a disability, I'm fireing him for being a dishonest, lying , piece of s***! No one wants one of those working for them.
Logged

Whoever said "God does not make mistakes" has obviously never seen the complete bog up he made of my kidneys!
PrimeTimer
Elite Member
*****
Offline Offline

Gender: Female
Posts: 2093


« Reply #11 on: December 20, 2018, 09:39:22 PM »

Here in the USA a potential employer cannot ask about disabilities during an interview. However, it is quite understandable that an employer does not want to go bankrupt over medical expenses incurred by an employee. Truth is, dialysis is a catastrophic expense -to anyone paying just some of it or for all of it. The dialysis industry itself is a big business. (wow, a medical condition actually considered an "industry"...but that is neither here or there. Dialysis sucks. It is devastating.


Not to change the subject but hear me out....  Funny, there are what they call "whistle blower" laws. Because of this people are under the impression that people should "blow the whistle" on somebody or their employer because these "whistle blower" laws protect them. From what? I've known people who blew the whistle who only ended up having their life ripped apart in court and their careers killed and reputations damaged. Some even disappeared. Now think about that...."disappeared" for speaking out against an employer. Hhmm. Makes you not want to ever uh "exercise your rights". In fact, it scares the bejesus out of you so much so that you do your best to just move along. It's a hard pill to swallow and you don't want to. Anyways, no doubt in my mind that some of the laws meant to protect the disabled work a lot like the so-called whistle-blower laws.

As for no one wanting a liar working for them, that goes both ways. I once gave up a very good job because I didn't want to work for a liar and didn't want to do their lying for them. Friends and family applauded me for that but at the end of the day you still have bills to pay and you are unemployed. How commendable is that? Earned me no points.
Logged

Husband has ESRD with Type I Diabetes -Insulin Dependent.
I was his carepartner for home hemodialysis using Nxstage December 2013-July 2016.
He went back to doing in-center July 2016.
Simon Dog
Elite Member
*****
Offline Offline

Gender: Male
Posts: 3120


« Reply #12 on: December 20, 2018, 10:06:14 PM »

Quote
Obtaining a job by deception is not only grounds for dismissal, it is also a criminal offence! I'm not firing him for a disability, I'm fireing him for being a dishonest, lying , piece of s***! No one wants one of those working for them.

Perhaps you are not from the US, and do not understand how the ADA (Americans with Disabilities Act) works.  I can assure you that if you fired someone in the US for failure to disclose they had a disability prior to hiring, they would likely not have to worry about the job because they would be extracting a large cash settlement from your company.  Your declaration that you consider them a liar for not volunteering the info will not be accepted as a defense by any court handing an ADA case in the US.   It would be like "He did not tell me he was Jewish, and I don't mind Jews, but I don't want a liar who did not mention that prior to working for me".

Here is a simple logic exercise.  If US Federal law prevents an employer from asking about something, would logic dictate that the prospective employee could be penalized for not volunteering that info at the interview?

Another condition that enjoys similar protection is pregnancy for employers with at least 15 employees.   An employer cannot ask about pregnancy or plans for pregnancy, not can it penalize a candidate for not volunteering that info.  (this is covered by the PDA, not the ADA).

The issue is not what you think is right, but what the law specifies.   You are either from a place where US law does not apply, or do not have a clue how US employment law works.

Quote
Here in the USA a potential employer cannot ask about disabilities during an interview.

Bingo, though there is a "are you or have you been disabled" form used for govt reporting.  The companies I have seen that use this separate the form and it is not seen, or used, but hiring managers.
« Last Edit: December 21, 2018, 11:06:56 AM by Simon Dog » Logged
Michael Murphy
Elite Member
*****
Offline Offline

Gender: Male
Posts: 1943


« Reply #13 on: December 21, 2018, 09:48:20 AM »

Realize if a applicant is eligible for or on Medicare the enormous expenses are reduced by a factor of 5. 
Logged
Simon Dog
Elite Member
*****
Offline Offline

Gender: Male
Posts: 3120


« Reply #14 on: December 21, 2018, 11:05:31 AM »

Realize if a applicant is eligible for or on Medicare the enormous expenses are reduced by a factor of 5.
Much more than that.

Not only does Medicare pay 4/5 if the expenses, but they do so at a Medicare rate that is often a fraction of the private insurance price and a fraction of a fraction of the private pay price.

My surgeon billed about $8K for the xplant and $1K for prepping the kidney.  He was paid at the Medicare rate of about $2100 for both.

Dialysis was about $450 insurance; $3000 - $5000 out of town insured price; $300 Medicare price.
Logged
Pages: [1] Go Up Print 
« previous next »
 

Powered by MySQL Powered by PHP SMF 2.0.15 | SMF © 2017, Simple Machines | Mobile View Valid XHTML 1.0! Valid CSS!