fired? not enough urine

[twirl]

I've know Catherine for almost three years. I know her from dialysis. She drives a school bus for another district. This is her 15 year driving the bus and she never lets
dialysis interfere with her job. The bus department has a new supervisor and he did drug testing. She was asked to urinate in two containers.
She could only partiality fill up the first container. She stayed until 7pm last night trying to pee. She drank way too much fluid. The new person told her she has 5 days to remedy the problem or she will be fired for non compliance....She got a note from our renal doc and she took it in. He informed her that he was not sure about someone on dialysis working for him and he is going to let her know....... She does extra driving during the summer for extra money and those buses are not air conditioned. Her huband does not make much money and the are having a hard time plus they have 2 children... I told her to get a good attorney....discrimination

[flip]

Twirl,

I ran this situation by a close friend who is Human Resources Director for a large corporation. She said this is illegal and a blatant violation of ADA. She recommended the following:

If the driver are unionized, see her union steward.

If not, talk with an attorney willing to take the case on a contingency basis.

She needs to document everything that happens or has already happened.

[willieandwinnie]

twirl, I agree with your advice. What a bunch of crap.

[xtrememoosetrax]

The new person told her she has 5 days to remedy the problem or she will be fired for non compliance....She got a note from our renal doc and she took it in. He informed her that he was not sure about someone on dialysis working for him and he is going to let her know.......

OMG, I don't know much about this kind of thing, but this sounds totally illegal under ADA. Yes, I agree that she needs to tallk to a lawyer.

[KT0930]

Twirl,

I ran this situation by a close friend who is Human Resources Director for a large corporation. She said this is illegal and a blatant violation of ADA. She recommended the following:

If the driver are unionized, see her union steward.

If not, talk with an attorney willing to take the case on a contingency basis.

She needs to document everything that happens or has already happened.

I don't know much about these things either, twirl, but flip's advice sounds spot on.

[Chris]

This new supervisor sounds like a real idiot. I hope this idiot get's fired for discrimination that he has already put this person through, but most likely won't. I hope she get's this resolved soon. Keep us posted twirl.

[oleboy]

She is protected by ADA, they should have offered an alternate way of testing via a blood or hair sample. First thing you should do is advise them of your problem and ask for an alternate solution,while dropping the letters ADA.If that dosn't work the TV is flooded with attorneys looking for this kind of case.




EDITED: Fixed icon error - Bajanne, Moderator

[thegrammalady]

the first thing she should do is head straight to her hr department and tell them they need to handle this guy, he just broke every rule in the book. then if they don't handle it internally, it's time for a lawyer.

[Romona]

 
I hope she makes an  out of him!

[Stacy Without An E]

The ADA is specifically because of employers who try to pull this kind of crap.  His shortsightedness and ignorance is going to bring a huge lawsuit on his company.  Consult with a lawyer if this continues.  Your rights as a working Dialysis patient are being threatened and there's no reason this should happen.  Good luck.

[Chris]

Twirl, any news from your friend about this?

[twirl]

I have been in the hospital for two weeks but will check on my friend on the last shift

please, hurt the people who need the most help, they are hardly getting by and she drives the hot summer buses for extra money

[skyedogrocks]

Twirl - I just saw this thread and had to respond.

Rob is a city employee in one of the most well known cities in Mass (Harvard anyone?).  Because he has a Class II driver's license, he is prone to regular drug testings.  For 2 years he was able to produce urine with no problem.  This past year he is unable to (he still produces, but not as regular) and got a note from his Neph stating he is a dialysis patient and for them to contact him for blood testing.  The Massachusetts Department of Transportation (they are the ones requiring drug testing) have absolutely no problem with this at all.  In fact, Rob was called in a lot for drug testing over the years and the last time he was called he produced this note.  Because he continously passes his drug tests, they didn't even call his Neph, they believe him. 

Your friend has every right to contact her union and the disabilities commission.  She also can contact HR for this, it's an act of harrassment.  I would most certainly advise her to get a lawyer if she has no luck there.

[Rerun]

Sears was about to hire me for a part-time position, but since I needed a blood test instead of urine test for drug testing they just won't call me back.  I'm not going to fight them.  I'd get a lawyer and then they would comply.  I'm just going to bad mouth them when ever I get a chance.  LIKE RIGHT NOW! 

SEARS SUCKS EVERYONE!!!

[monrein]

Thanks Rerun, I'll shop elsewhere and tell people the story of their nastiness.  Take care.   

[twirl]

dog gone it
I have seen this friend in early D twice and have forgotten to ask her about the situation
she got a lap band a year ago in Nov and has lost about 102 lbs
if she comes, early next week, I will ask her
I'm assuming she is working since she did not say otherwise
but I'd like to know and share the results

SCREW SEARS

[BigSky]

There are numerous other tests they could do.  Hair, blood, or sweat test.

Best to have her inform the supervisor first and then threaten to get a lawyer if need be.

Also in most states a complaint can be filed with something like a State run job service agency and they will often take up the issue with the employer.

[twirl]

I talked to my friend last week when she came in early for D. She had to pay our Kidney doctor $25.00 to write a note to the boss informing him of her health. She gave him the note and nothing else was said but, and this is a big butt, she has been driving the same small bus for a summer job for 9 years. He took that away from her and assigned her a different, slightly more difficult route. She really can not prove anything but the whole bus barn knows. She wants to get a bus driving job in Willis, that is close to us. She hopes to get a transplant this summer and be in better health to go to a different district. She lives in the district she drives for now.

[cev]

hey, tell her to continue to document EVERYTHING that is happening and anything said or implied at her job about her health.  Her union and HR should know what is happening because with idiots like her supervisor this will not end here.  And what is with her doctor getting $25 to write a note that is just sad and wrong to be so greedy.  I hope this works out for her and she gets a new kidney, supervisor and route and of course wins the lotto

[RichardMEL]

what an ignorant fool "I don't know about someone on dialysis working for me" - WTF??! One would think that her record of 15 years would speak for itself. Unbelieveable... and it sounds like now she's being quietly shafted... horrible situation. I hope she gets the transplant and the better job....

[KT0930]

And what is with her doctor getting $25 to write a note that is just sad and wrong to be so greedy. 

Unfortunately, this practice is not unheard of. My GP does the same thing, and will write the note to cover only one date, even if it's a chronic illness, in order to make you come back and pay the $$ every time you need it.

What's happening with that supervisor is just disgusting. Your friend needs to get her transplant so that she can tell him to stick it while she goes to work somewhere else.

[skyedogrocks]

Twirl - That totally stinks about your friends boss, what a jerk. 

Like cev, I never heard about paying $$ for a note.  Rob's neph has no problems writing notes.  He had to write one for drug testing and also for Rob's work, since he can't lift more than 25lbs.  He's one of his nephs younger patients and the only patient with a physical job, his neph loves him.

[twirl]

my friend is back driving a bus for that school district
they took her off a familiar route and gave her a harder one
there is no way she can prove it, but everyone knows why