It's been a long year. I left a really bad, abusive workplace in February, moved across the country for a neat opportunity that felt like a really good fit, and was terminated yesterday with zero warning.
I'm an unlicensed young professional, recently graduated with my masters. In April, I moved from Colorado to Massachusetts to take a job in the town architect's office of a small municipality. Government seemed like a really safe next step - above average salary, union membership, and a pension. I was primarily working on the restoration of town-owned historic buildings, which I loved. You don't get to do much historic preservation in private practice.
The culture of the office was a MASSIVE adjustment: We strictly worked construction hours, 7:00 AM to 3:30 PM, and when I say 7:00, I mean 6:50. Everyone wore a town uniform. There was absolutely no flexibility in schedule or work-from-home. Working from home was considered strictly for emergencies only, but was possible. (I didn't learn that until much later on). An important piece of background is that I had recently been diagnosed with IBD and GERD, two very painful and disruptive digestive conditions that are chronic. As such, I needed to work from home occasionally in order to stay productive. On my first day I informed the office of my diagnoses and assured them that I was seeking treatment.
My first performance review was negative, though it only came a month after I started. It primarily focussed on my need to work from home. It included the following language: "...Supposed health conditions prevent him from working..." and "...Hasn't been able to complete a 40 hour week in-office..."
One day after my review, a senior member of the staff (retired, but brought back as a consultant) reamed me out just as I was leaving for a site visit. He dressed me down: I was insubordinate, lazy, and arrogant, just like all young people. It shocked me but he was known to behave badly - his role in the office was professional asshole and OPM, brought out of retirement to knock contractor's heads together.
I was very stressed out. I loved the job but could see that there were storm clouds on the horizon. The preservation architect, who I was very friendly with, helped me out, and assured me that if I arrived before 7:00 AM and stayed focussed during the day, I would succeed. So I did - I made it work to the best of my ability, even sometimes when I was feeling ill. After a few weeks, I was in a good groove, never once arriving after 6:50. Both my colleagues and my supervisor commended how detailed my work was. A month ago I started coordinating the restoration of historic windows at several properties across town and was loving it. Things were improving.
My health was still going downhill, though. At least once per week I would experience a lot of pain, as well as some really severe and exhausting digestive distress. Sometimes I had to use some sick time, of which we had a lot, and sometimes I had to work from home. One morning, after having worked at home the previous day, my supervisor told me that he would prefer I not do that. "How can I know that you're actually doing work? This is something that we just don't do, I don't know what else to say..." This bothered me. I was doing my best, and he knew about my illness, not to mention the anxiety that it caused. It was an old fashioned culture, nested in the blue-collar kingdom of the Department of Public Works. I knew they would never change.
Up until last week, they were all committed to me. For the first time in my career I was being mentored. We were trying to make it work, and my window projects were really going well. I loved what I was doing and was getting accolades for it, too. And then, on Friday:
"The town has decided to exercise its right to discontinue your six month probation."
No explanation, no warning. It was a three minute meeting, and they showed me the door. The letter wasn't even written by or signed by my supervisor. It had come from above, somewhere in DPW. I have my suspicions.
I called an attorney. My illness likely played a role, and the town is likely hiding behind the probationary period for a quick termination. When you spend all your money on moving expenses, it becomes more dire to experience this.
Again, we're not lawyers, but what do you think? It seems wrong to me.
From what you say, it sucks and it is wrong, but probably not illegal unless you specifically can prove that it was due to the diseases.
Did you ever request accommodations in writing? Did they ever say anything about the diseases in written form, etc…? If not your lawyer will probably have a really hard time arguing against the city saying it wasn’t “the right fit” based on the first performance review.
It’s wrong, and very shitty, but unfortunately may be legal. Hope you’re able to find a better situation soon.
Aug 5, 23 9:53 am ·
·
SouthCoast
I have several emails (which were never responded to) where I explicitly said that I will be working remotely, or that I was unable to work due to these circumstances. I assume that in the 6 month probation, supervisors are not supposed to respond in writing, as it could create a paper trail, and they never did.
I should add that the "right fit" thing was actually never even used. My termination letter says that I "refused to carry out my duties..." which is really shocking and inconsistent with all verbal communication in the office, unfortunately.
Sounds like this town is filled with a bunch of boomer wankers. The old guard sort who as you mentioned have a stigma towards the new generation of designers. Totally inept and unable to understand that because things were done XYZ way 40 years ago does not mean they should be done the same way now.
I'm sorry you had to deal with that and I remember a post of yours a while back. In all honesty, try to take some time (if you can financially) to work on your health. GERD and IBD can 100% get worse due to stress, diet aside. Spend some time on yourself, dial in the diet, exercise, go for walks daily and try not to let this fester too much in your head because I don't think this situation or these people should take up any real estate in your head, it just does not do you any good.
Hang in there, this profession is absolutely maniacal and always being in the fire so to speak will only get you burned.
People in the US really are litigious. if I were you. I would just move on. Life is not fair. The office is clearly ran by some strict old fashioned boomers. My office has hybrid schedules. The office is running just fine.
If you need remote work due to the condition, be upfront at the next job interview. It does suck to have to move across country for a job then gets laid off. You will lose your security deposit if you move again before the lease term. But you also got the flexibility to apply to other jobs across the country.
OP should find a job that's a little more relaxed. Stress is a killer for people with stomach issues. Diet change (fodmap and/or elimination diet), probiotics, bone broth and supplements can help a lot.
I'm not about to tell the OP how to deal with their condition. I don't have any experience with it so I couldn't be of any actual help other than googling articles.
Aug 8, 23 2:56 pm ·
·
SouthCoast
I actually have a great attorney who is helping me. Surprisingly he thinks there is a case. This is surprising because employment attorneys work on contingency, and if there's no case, he won't be paid.
I once got terminated the week of my 3 months probation ending, I had just told them the week before that I was pregnant and could not go into the little print room and make blue prints anymore (ammonia). They exercise their right to fire me before the probation period was up, said I wasn't a good fit. I knew it was because I was pregnant. There really is nothing you can do, they legally fired you. Dont waste any money on a lawyer.
You were totally illegally terminated. If I were you I would have gone after them, it's brazenly obvious. People assume they have no rights. While it's true that there's a wide berth given to employers through the at-will doctrine, you still have rights, and yours were violated! I'm so sorry you experienced that. Also, employment attorneys work on contingency, so I will not be paying anything out up front.
From what you say, they gave you a negative review specifically for the very thing you had requested as a reasonable accommodation - working from home some days.
If they actually put that in writing, 1) they're feckin' eedjits, and 2) you have an absolutely ironclad discrimination and retaliation claim.
Not sure how it works in 'Merica. But here in Canada if your let go during your probation period than you really don't have anything to fight. That's your employers window to turff you, and they don't even need a reason.
In 'Murica: even in at will employment states, even during your probationary period - you can't fire someone because of a reasonable request to accommodate a disability.
This stuff was all written in the review. Right down to the use of the wording saying I have a "seemingly severe" illness. I was taken aback by that. As I later found out, my immediate boss had nothing to do with me being fired. He was instructed by his superiors that he had no choice but to give me the axe. Apparently, they'd been trying since May to kill me off, I had no idea. He was fighting to keep me. But, he did write the review that started it all. It's a shame. He's not a bad guy, but his discriminatory review was the genesis for all this.
It sounds reasonable to find out more, and you seem to have a lot of relevant info already organized. It would probably be worth an hour's fee of a reputable labor lawyer.
I'm sorry but that isn't true. Even in at will employment state and during a probationary period your employer needs a reason to fire you. The reason can be very basic like - 'it's just not working out'. You can't fire someone because of a disability, race, sexual orientation, or parental leave. The OP stated that they fired him/her because of their need to work from home due to his/her disability. That's illegal. Period.
Yeah if this wording mentioned:
Supposed health conditions prevent him from working. is actually in there, lawyers are probably salivating at the moment.
Word of advice, consult a lawyer that specializes in wrongful termination and labor laws in Massachusetts and cases in your local/county trial courts (civil cases in this case) and the appeals courts and up to the state supreme court. We can not give you meaningful legal advice on this forum. As you said, we are not lawyers. Even if I were to become a lawyer (a matter of years of dedicating my time to become one and taking bar exams), it would still be highly unlikely for me to help you in the particular legal context of the laws. The lawyer may advise whether to sue or not or your legal options for any recourse.
Don't waste time with the peanut gallery here on these kinds of matters. Regarding any potential litigation, the firm that terminated your employment will have lawyers representing them so you damn well will want and need a lawyer otherwise it would cost and hurt you more.
Since you already contacted an attorney, you are on the right path for legal advice with an attorney. I recommend that you do not talk about this case on this forum any further. This is a public accessible web forum where anyone on the planet can access and read what is posted. People at the employer (DPW) and do some kind of underhanded retaliation to make your life more difficult. I am not intending any meanness but pointing a concern about discussing such matters on an internet web forum.
Didn't you post about this a few months ago? That you thought it was not working out due to your illness and that you felt this coming on?
Did you line up or apply for other jobs? Did you document your interactions regarding your illness? Did you take any proactive steps to prevent this or give you support when the firing happened?
I'm not saying that this is your fault, but the professional world is tough. You gotta protect yourself, stand up for yourself, and be your own advocate. You can't be passive.
Aug 9, 23 11:43 am ·
·
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Wrongful Termination?
I know we're not lawyers, but...
It's been a long year. I left a really bad, abusive workplace in February, moved across the country for a neat opportunity that felt like a really good fit, and was terminated yesterday with zero warning.
I'm an unlicensed young professional, recently graduated with my masters. In April, I moved from Colorado to Massachusetts to take a job in the town architect's office of a small municipality. Government seemed like a really safe next step - above average salary, union membership, and a pension. I was primarily working on the restoration of town-owned historic buildings, which I loved. You don't get to do much historic preservation in private practice.
The culture of the office was a MASSIVE adjustment: We strictly worked construction hours, 7:00 AM to 3:30 PM, and when I say 7:00, I mean 6:50. Everyone wore a town uniform. There was absolutely no flexibility in schedule or work-from-home. Working from home was considered strictly for emergencies only, but was possible. (I didn't learn that until much later on). An important piece of background is that I had recently been diagnosed with IBD and GERD, two very painful and disruptive digestive conditions that are chronic. As such, I needed to work from home occasionally in order to stay productive. On my first day I informed the office of my diagnoses and assured them that I was seeking treatment.
My first performance review was negative, though it only came a month after I started. It primarily focussed on my need to work from home. It included the following language: "...Supposed health conditions prevent him from working..." and "...Hasn't been able to complete a 40 hour week in-office..."
One day after my review, a senior member of the staff (retired, but brought back as a consultant) reamed me out just as I was leaving for a site visit. He dressed me down: I was insubordinate, lazy, and arrogant, just like all young people. It shocked me but he was known to behave badly - his role in the office was professional asshole and OPM, brought out of retirement to knock contractor's heads together.
I was very stressed out. I loved the job but could see that there were storm clouds on the horizon. The preservation architect, who I was very friendly with, helped me out, and assured me that if I arrived before 7:00 AM and stayed focussed during the day, I would succeed. So I did - I made it work to the best of my ability, even sometimes when I was feeling ill. After a few weeks, I was in a good groove, never once arriving after 6:50. Both my colleagues and my supervisor commended how detailed my work was. A month ago I started coordinating the restoration of historic windows at several properties across town and was loving it. Things were improving.
My health was still going downhill, though. At least once per week I would experience a lot of pain, as well as some really severe and exhausting digestive distress. Sometimes I had to use some sick time, of which we had a lot, and sometimes I had to work from home. One morning, after having worked at home the previous day, my supervisor told me that he would prefer I not do that. "How can I know that you're actually doing work? This is something that we just don't do, I don't know what else to say..." This bothered me. I was doing my best, and he knew about my illness, not to mention the anxiety that it caused. It was an old fashioned culture, nested in the blue-collar kingdom of the Department of Public Works. I knew they would never change.
Up until last week, they were all committed to me. For the first time in my career I was being mentored. We were trying to make it work, and my window projects were really going well. I loved what I was doing and was getting accolades for it, too. And then, on Friday:
"The town has decided to exercise its right to discontinue your six month probation."
No explanation, no warning. It was a three minute meeting, and they showed me the door. The letter wasn't even written by or signed by my supervisor. It had come from above, somewhere in DPW. I have my suspicions.
I called an attorney. My illness likely played a role, and the town is likely hiding behind the probationary period for a quick termination. When you spend all your money on moving expenses, it becomes more dire to experience this.
Again, we're not lawyers, but what do you think? It seems wrong to me.
From what you say, it sucks and it is wrong, but probably not illegal unless you specifically can prove that it was due to the diseases.
Did you ever request accommodations in writing? Did they ever say anything about the diseases in written form, etc…? If not your lawyer will probably have a really hard time arguing against the city saying it wasn’t “the right fit” based on the first performance review.
It’s wrong, and very shitty, but unfortunately may be legal. Hope you’re able to find a better situation soon.
I have several emails (which were never responded to) where I explicitly said that I will be working remotely, or that I was unable to work due to these circumstances. I assume that in the 6 month probation, supervisors are not supposed to respond in writing, as it could create a paper trail, and they never did.
I should add that the "right fit" thing was actually never even used. My termination letter says that I "refused to carry out my duties..." which is really shocking and inconsistent with all verbal communication in the office, unfortunately.
Sounds like this town is filled with a bunch of boomer wankers. The old guard sort who as you mentioned have a stigma towards the new generation of designers. Totally inept and unable to understand that because things were done XYZ way 40 years ago does not mean they should be done the same way now.
I'm sorry you had to deal with that and I remember a post of yours a while back. In all honesty, try to take some time (if you can financially) to work on your health. GERD and IBD can 100% get worse due to stress, diet aside. Spend some time on yourself, dial in the diet, exercise, go for walks daily and try not to let this fester too much in your head because I don't think this situation or these people should take up any real estate in your head, it just does not do you any good.
Hang in there, this profession is absolutely maniacal and always being in the fire so to speak will only get you burned.
Thank you, there is some relief in maybe being able to take a breath.
People in the US really are litigious. if I were you. I would just move on. Life is not fair. The office is clearly ran by some strict old fashioned boomers. My office has hybrid schedules. The office is running just fine.
If you need remote work due to the condition, be upfront at the next job interview. It does suck to have to move across country for a job then gets laid off. You will lose your security deposit if you move again before the lease term. But you also got the flexibility to apply to other jobs across the country.
The ADA is only enforced via litigation though.
This is definitely not a suing-for-vengence moment. This is a they-broke-the-law moment.
If you have proof that the firm fired you because of your disability then I would file a lawsuit. It's going to be hard to prove though.
Regardless, you may want to speak with and make a complaint to the Equal Employment Opportunity Commission (EEOC) and / or the Department of Justice.
Here are some helpful links to determine if you want to speak to someone or file a complaint.
Good luck.
https://adata.org/faq/how-can-...
https://www.usa.gov/disability...
OP should find a job that's a little more relaxed. Stress is a killer for people with stomach issues. Diet change (fodmap and/or elimination diet), probiotics, bone broth and supplements can help a lot.
https://www.disability-benefit...
I'm not about to tell the OP how to deal with their condition. I don't have any experience with it so I couldn't be of any actual help other than googling articles.
I actually have a great attorney who is helping me. Surprisingly he thinks there is a case. This is surprising because employment attorneys work on contingency, and if there's no case, he won't be paid.
I once got terminated the week of my 3 months probation ending, I had just told them the week before that I was pregnant and could not go into the little print room and make blue prints anymore (ammonia). They exercise their right to fire me before the probation period was up, said I wasn't a good fit. I knew it was because I was pregnant. There really is nothing you can do, they legally fired you. Dont waste any money on a lawyer.
You were totally illegally terminated. If I were you I would have gone after them, it's brazenly obvious. People assume they have no rights. While it's true that there's a wide berth given to employers through the at-will doctrine, you still have rights, and yours were violated! I'm so sorry you experienced that. Also, employment attorneys work on contingency, so I will not be paying anything out up front.
From what you say, they gave you a negative review specifically for the very thing you had requested as a reasonable accommodation - working from home some days.
If they actually put that in writing, 1) they're feckin' eedjits, and 2) you have an absolutely ironclad discrimination and retaliation claim.
I'll second this.
Not sure how it works in 'Merica. But here in Canada if your let go during your probation period than you really don't have anything to fight. That's your employers window to turff you, and they don't even need a reason.
In 'Murica: even in at will employment states, even during your probationary period - you can't fire someone because of a reasonable request to accommodate a disability.
It's a violation of federal law.
This stuff was all written in the review. Right down to the use of the wording saying I have a "seemingly severe" illness. I was taken aback by that. As I later found out, my immediate boss had nothing to do with me being fired. He was instructed by his superiors that he had no choice but to give me the axe. Apparently, they'd been trying since May to kill me off, I had no idea. He was fighting to keep me. But, he did write the review that started it all. It's a shame. He's not a bad guy, but his discriminatory review was the genesis for all this.
It sounds reasonable to find out more, and you seem to have a lot of relevant info already organized. It would probably be worth an hour's fee of a reputable labor lawyer.
Luckily they work on contingency, so the fees are not a worry, until there's a settlement.
They never stated he was fired for his disability. Probationary period they don’t need a reason to fire ya. Good luck proving it.
I'm sorry but that isn't true. Even in at will employment state and during a probationary period your employer needs a reason to fire you. The reason can be very basic like - 'it's just not working out'. You can't fire someone because of a disability, race, sexual orientation, or parental leave. The OP stated that they fired him/her because of their need to work from home due to his/her disability. That's illegal. Period.
Yeah if this wording mentioned: Supposed health conditions prevent him from working. is actually in there, lawyers are probably salivating at the moment.
Word of advice, consult a lawyer that specializes in wrongful termination and labor laws in Massachusetts and cases in your local/county trial courts (civil cases in this case) and the appeals courts and up to the state supreme court. We can not give you meaningful legal advice on this forum. As you said, we are not lawyers. Even if I were to become a lawyer (a matter of years of dedicating my time to become one and taking bar exams), it would still be highly unlikely for me to help you in the particular legal context of the laws. The lawyer may advise whether to sue or not or your legal options for any recourse.
Don't waste time with the peanut gallery here on these kinds of matters. Regarding any potential litigation, the firm that terminated your employment will have lawyers representing them so you damn well will want and need a lawyer otherwise it would cost and hurt you more.
Since you already contacted an attorney, you are on the right path for legal advice with an attorney. I recommend that you do not talk about this case on this forum any further. This is a public accessible web forum where anyone on the planet can access and read what is posted. People at the employer (DPW) and do some kind of underhanded retaliation to make your life more difficult. I am not intending any meanness but pointing a concern about discussing such matters on an internet web forum.
Didn't you post about this a few months ago? That you thought it was not working out due to your illness and that you felt this coming on?
Did you line up or apply for other jobs? Did you document your interactions regarding your illness? Did you take any proactive steps to prevent this or give you support when the firing happened?
I'm not saying that this is your fault, but the professional world is tough. You gotta protect yourself, stand up for yourself, and be your own advocate. You can't be passive.
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