Saturday, October 31, 2009

Fired for a disability ( TMJ )?

i was waitressing at a restaurant i had been there about a month when my jaw dislocated, ( i have TMJ ) it did not happen at work, but i was suppost to work a tuesday evening and i couldnt because i was in pain so bad i was crying i could barely talk so i had my mom call and tell them what was going on with me becausei couldnt talk, that night i got a migraine had a migraine for 14 hours, then wed they called said dont worry about coming in today because the owners bro wanted more hours nad he was taking mine they wanted me to get better, nad i said that is okay with me cause i had only had 2 hours of sleep, then thurs they had a mix up in the schedule and called and told me i didnt need to come in, then friday my jaw swelled up again so i had no choice but ti call in but i did say if u need me i will be there nad try my best, they said dont worry about it get better, and call and sat to see if i have hours next week... well i didnt have any hours so i called to see whta was going on
Answers:
ever hear of ADA Americans with disability act you just might have a case against your ex employer talk to them first then make your decision because you'll probably need a lawyer to handle your case so actually talk to some lawyers Frost do not take the first offer talk to 3 or 4 then decide what you want to do
u can bring them 2 cort and get money its against the law 2 fire some one because of a disability
Doesn't state that you've been fired.
If you have right to work laws, as we do here in Texas, they can let you go without any cause. I'd start looking for another job.
The employer is rotten.
and.?? your story doesnt finish..
Where I work ---a doctor's note would save your job. But I work at a big chain store. Yo work at a family owned place with less than 40 employees so the rules are looser.
well it seems that its affecting your work but fire you a little outrageous I would give you time to recouperate.
sound like they needed someone to work for you alot I see there position sucks for you sorry
seems they let you go cuz you missed so much work or thats what they will say
Unfortunately TMD (they call it a "disorder" now) is not considered a disability. I also have it and I know it is disabling! Focus less on the job and more on getting better. You can find another waitressing job. You could file for unemployment if eligible and tell them at the employment office why you were let go - if it comes down to it - that may not be a reason they can fire you and deny unemployment benefits. I recommend you get the book "Face the Pain" by Dr. Shankland. You can even email him - he will reply back and he was the first person who ever gave me hope to fix the problem. I am sending the web link for it - there is help out there! I am pain free for 2 years now but I had to wear a guard on my teeth and now I have to wear braces for 3 years. Don't do the surgery - everything I hear it is only temporary relief.
bush only help rich peoples an not regular ones
being their just a month that is your trial time and you can be fired for any reason, your post dose not say you were fired, just no hours set up for you on the next schedule, call them back and see if thy will add you to the next schedule. Also TMJ is not considered a disability it is an injury so the disability act would not affect your status least ways not in the USA. and if you did not disclose it to them at the start thy had no heads up to acomadate you..hope all works out for you!
Why on earth would you want your job back,knowing that they do not want you back ? Go in and see the manager for wages owing,then go else where and find work.
You probably could go up to where you work and talk face to face with the boss/owner and see if there is anything that can be done to prevent another problem like this from occuring again (the phone calls not getting to the owner and no response getting back to you right away)
That don't work than maybe you can talk to legal aid and see what needs to be done to prevent this from happening to you again in the future. I wished I help you more but I don't know where to really begin. So this is all I can come up with. I hope this helps.

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