[goodguy]

I am not paranoid and I hope someone can help me. I am a professor. I am diagnosed with bipolar illness and am being treated for it. Unfortunately, last fall I had to take a medical leave after experiencing symptoms that made it impossible for me to continue to teach. I formally requested modest accommodations last spring upon my return, which were denied. In order to get my job back, my employer made me sign a document stating that I was deficient in my duties and that I was now on probation. I expect I will be terminated in January for a variety of unsubstantiated reasons I won't go into here. My question is: are there things I can be doing now that will give me a foundation on which to challenge a dismissal like this? Should I again ask for accommodations? Should I protest in writing the actions that are singling me out as a "problematic employee"? If anyone has any good ideas, I would love to hear them. I would also like to correspond privately or publicly on this--especially with someone who has dealt with this kind of situation or any group I could connect with! Thanks!

[madisgram]

they are violating your civil rights..period. american disabilities act. google it. your signing that document they think protects them but "nada " if they fire you. a brief consult with an attorney might give you clarification too.

[jbug]

I agree that the Americans with Disabilities Act protects you. You don't state if you are in the states but if you are and are terminated check with a lawyer.

Jbug

[theama]

Yep, it's illegal - get a lawyer.

I know others who have lost their jobs only because they're diagnosed with bipolar disorder; they hadn't even acted out at work or had time off cause of depression.
At the moment there's nothing protecting people with mental disorders here, but it's going to be added to the list of disabilities soon, so it will be illegal to discriminate against us then. Wooh!

[Michah]

Originally Posted by goodguy

I am not paranoid and I hope someone can help me. I am a professor. I am diagnosed with bipolar illness and am being treated for it. Unfortunately, last fall I had to take a medical leave after experiencing symptoms that made it impossible for me to continue to teach. I formally requested modest accommodations last spring upon my return, which were denied. In order to get my job back, my employer made me sign a document stating that I was deficient in my duties and that I was now on probation. I expect I will be terminated in January for a variety of unsubstantiated reasons I won't go into here. My question is: are there things I can be doing now that will give me a foundation on which to challenge a dismissal like this? Should I again ask for accommodations? Should I protest in writing the actions that are singling me out as a "problematic employee"? If anyone has any good ideas, I would love to hear them. I would also like to correspond privately or publicly on this--especially with someone who has dealt with this kind of situation or any group I could connect with! Thanks!

Hi goodguy, this is no way to be treated. Not only do you have to deal with your illness but also fight for your job and and intellectual license. I am in Australia so I am not familiar with American Law, however, human rights are universal and it would probably be a good idea to know your rights(unicef Maybe?). A lawyer or your union rep would help. I was working for the government when I was diagnosed bipolar last year. I had a hospital admission(at the same hospital I worked at, mind you, so my colleagues received my blood and processed it and they observed all my confidentiality requirements. My scientist colleagues were most sensitive and even sent me flowers in hospital!). When I returned to work, I was on a rehabilitation program and had direct contact with a rehabilitation officer who also liaised with my line manager. I was also put on light duties and worked 3 days a week. I was also given time off to attend doctors appoint.s and shrink appoint. I could not have asked for a more supportive process. Unfortunately, due to stress and physical illness, I had to resign from my job and I am applying for disability pension. My manager said he would be happy to be reference for me when I am ready to go back to work. This is what we all deserve. By being mentally ill, we do not lose what is essentially us. We are mentally ill, not morons and quite frankly I think bipolar should be put on your resume as an important skill. Yee ha! Hope that helps, good luck.

[helley]

Hi goodguy
I am facing a similar situation....I have asked to reduce my working days from full time to 4 days per week and I'm waiting on a reply. Like you, I'm very concerned about the outcome (even more so because I'm still up in the air about this) and wonder what's ahead. My employers only have to give 2 weeks notice if they wish and then I'm out of a job. I'm up to my ears in debt (because of my shopping binges) and I have a husband who stresses BIGTIME about money normally! I'm also an Aussie and unfamiliar with your laws but I certainly hope it works out ok for you. I'll keep my fingers crossed for you if you do for me! cheers and goodluck

[lostandscared54]

Sorry to here about your misfortune. I have a condition that no longer allows me to serve a viable function at my job. I am being terminated due to it. There is little to no rebuttal for me however. I agree with the above statements about the ADA and speaking to a lawyer. I am sure a disability lawyer could give you a free consult and explain your rights. Good luck.

[silver_moon]

Not sure about America, but in the UK we have a disabilities act and mental illness comes under that. But, from what others have posted here it sounds like you have a similar thing... read up on your rights and formally complain, I'm sorry you're having to go through this.

Best of luck and take care,
Molly

[Pheonix28]

I'm sorry your being treated badly. At my job there is several people with Bp so my managers are more helpful when a problem with it arises. I agree that you need to find out your rights and soon. I also agree you need to talk to lawyer not conected to your work place. Hope things get better for you. What do you teach by the way?

[Crazynurse]

So sorry you are going through this Goodguy. I too was diagnoised and hospitalized at the hospital where I worked as an RN.....I was given a medical leave of absence but was unable to return to work when that expired and was told my position could not be held but, I could apply for other openings within the hospital. Needless to say, upon applying, I was not "qualified" or the positions available. It was more than I could handle and did not work for a year. Upon re-entering the work force, I must admit, I did not put my existing condition of Bipolar on any of my paperwork nor did I admit the condition to my prospective employers. It was amazing just how qualified I was and how many job offers I received when no one knew of my condition.

It is not legal to discreminate, but proving it is the problem.

[skeeweeaka]

Originally Posted by Crazynurse

So sorry you are going through this Goodguy. I too was diagnoised and hospitalized at the hospital where I worked as an RN.....I was given a medical leave of absence but was unable to return to work when that expired and was told my position could not be held but, I could apply for other openings within the hospital. Needless to say, upon applying, I was not "qualified" or the positions available. It was more than I could handle and did not work for a year. Upon re-entering the work force, I must admit, I did not put my existing condition of Bipolar on any of my paperwork nor did I admit the condition to my prospective employers. It was amazing just how qualified I was and how many job offers I received when no one knew of my condition.

It is not legal to discreminate, but proving it is the problem.

Yes, proving it is a problem but I would contact the EEOC! They can help you with the case. I know of someone who was forced out of her job onto disability... Unfortunately, employers get away with it every day! They have more money than us!

TJ

[Direction]

I was not able to read all the responses...my first response would be to do all that you can to be the most effective professor you can be or bow out at the end of the semester. Fighting this battle may not have the outcome you are looking for...of course...I don't know if you wish to continue being a professor...if you do you will spend so much time tied up in legal versus illegal that 1. your preformance will drop or 2. prevent you from moving to a new position. Previous employment references are pretty tight now days...people are too afraid to say anything...I would imagine a school would be too...

Anyway I have over the years seen people who receive critism to the point of probabtion pull out of it...although many times...more often than not...I've seen self-destruction...

It can feel like you are being signled out...I don't know your situation...you may be? or are you? are your filters looking at this correctly?

You and I can go through some of the deficiencies and see where they can be corrected.

[skeeweeaka]

Originally Posted by Direction

I was not able to read all the responses...my first response would be to do all that you can to be the most effective professor you can be or bow out at the end of the semester. Fighting this battle may not have the outcome you are looking for...of course...I don't know if you wish to continue being a professor...if you do you will spend so much time tied up in legal versus illegal that 1. your preformance will drop or 2. prevent you from moving to a new position. Previous employment references are pretty tight now days...people are too afraid to say anything...I would imagine a school would be too...

Anyway I have over the years seen people who receive critism to the point of probabtion pull out of it...although many times...more often than not...I've seen self-destruction...

It can feel like you are being signled out...I don't know your situation...you may be? or are you? are your filters looking at this correctly?

You and I can go through some of the deficiencies and see where they can be corrected.

You're right, fighting it may not have the outcome that she prefers but allowing them to get away with this type of treatment is just humiliating and sends the message that it is okay and so they will do it again! I realize you have to do what is best for you and it also depends on your previous reviews as well as your filter... Someone that I know used to say that it you don't stand for something, then you will fall for anything!

TJ

[Direction]

Very true about standing for something...taking a stand can mean meaning things to each of us...

Maybe taking a stand will be clearing up any deficiencies real or otherwise demonstrating to all that because someone has bipolar they are still very worthy to do whatever it is they want...

I mention this as I just watched the Hallmark Hall of Fame Movie "Front of the Class"...it is based on a true story about a real life person with tourettes syndrome who wanted to teach. He was turned down 24 times before attaining a teacher position...this is still very fresh in my mind...the discrimination he went through was horrible...he took a particular stand...

goodguy...I don't know where this will go for you? It will be a highly personal choice you will make. I hope that the many prespectives here can show you some choices you can make. As we know there are many solutions.

You are welcome to PM me if you find my comments helpful...I believe you need to be a member and post at least 5 times...I think?

[miastella]

There's a lot of good advice here; just be sure to talk this over with a support person in your treatment team; when we fight these things we can stress ourselves out more than we fix the situation. I've had some fights for fair treatment in my career and sometimes it's not worth your sanity. Only you know what you can handle. Good luck with it!

[louise miele]

I know exacly how you feel iI have been sacked horrilbley from every job I have ever had ,thankfully i dont work anymore ,I could never go through that sort of pain ever again ,the thing is I think im normal and havent done anything wrong ."lifes so confusing is it them or us" Dont let them distory your self worh sweetie xx louise

Originally Posted by goodguy

I am not paranoid and I hope someone can help me. I am a professor. I am diagnosed with bipolar illness and am being treated for it. Unfortunately, last fall I had to take a medical leave after experiencing symptoms that made it impossible for me to continue to teach. I formally requested modest accommodations last spring upon my return, which were denied. In order to get my job back, my employer made me sign a document stating that I was deficient in my duties and that I was now on probation. I expect I will be terminated in January for a variety of unsubstantiated reasons I won't go into here. My question is: are there things I can be doing now that will give me a foundation on which to challenge a dismissal like this? Should I again ask for accommodations? Should I protest in writing the actions that are singling me out as a "problematic employee"? If anyone has any good ideas, I would love to hear them. I would also like to correspond privately or publicly on this--especially with someone who has dealt with this kind of situation or any group I could connect with! Thanks!

[certified]

"Consider any workplace accommodations that can help you function more effectively at work. Under the ADA (Americans with Disabilities Act), you have a right to reasonable accommodations, but you can’t hold your employer accountable unless you disclose the reasons why you need special accommodations. If you are dead set against disclosing that you have bipolar disorder, you can always request accommodations anyway, simply stating that these accommodations will make you happier and more productive, but to gain some legal leverage, disclosure is necessary. Remember, your employer can’t fire you for having bipolar disorder."
Google ada.gov to get to the ADA site



The ADA site is very informative. I wish I had known about this when I was fired after 13 years at a local hospital.

[skymonk]

Sorry to hear about your employment troubles, especially now with our economy so bad. I don't know about the laws myself-so I'm going to be looking them up! I had a situation where I was being verbally&emotionally abused by my boss&when I requested termination after I'd found another job she point blank told me she never would have hired me if she'd known I was bipolar. Wish I could have tape recorded that to play in a court room. Unfortunately it seems like there are so many loopholes in employment laws here that YOU have to prove THEY discriminated when they're usually very crafty&have better lawyers because they can afford them than you can. They can make up whatever excuse they want for why they fired you&YOU have to prove THEY lied. Hard to do. Have you thought of looking up an ombudsman? They're community leaders that stand up for those who need help-mostly for the elderly, but they may for your situation too. If you can, I'd tape record any conversations you have with your bosses' whether they know it or not&definitely try to create a paper trail of all of both of your actions. Hope this helps&believe me I know how hurtful this is. It's ridiculous how big of a stigma there is on mental illness in this day&age in the States. Best of luck&definitely check with a lawyer.

[certified]

quote=skymonk;896850]Sorry to hear about your employment troubles, especially now with our economy so bad. I don't know about the laws myself-so I'm going to be looking them up! I had a situation where I was being verbally&emotionally abused by my boss&when I requested termination after I'd found another job she point blank told me she never would have hired me if she'd known I was bipolar. Wish I could have tape recorded that to play in a court room. Unfortunately it seems like there are so many loopholes in employment laws here that YOU have to prove THEY discriminated when they're usually very crafty&have better lawyers because they can afford them than you can. They can make up whatever excuse they want for why they fired you&YOU have to prove THEY lied. Hard to do. Have you thought of looking up an ombudsman? They're community leaders that stand up for those who need help-mostly for the elderly, but they may for your situation too. If you can, I'd tape record any conversations you have with your bosses' whether they know it or not&definitely try to create a paper trail of all of both of your actions. Hope this helps&believe me I know how hurtful this is. It's ridiculous how big of a stigma there is on mental illness in this day&age in the States. Best of luck&definitely check with a lawyer.[/quote]

Tape recording anybody without their knowledge to use against them for any reason is called "entrapment" and cannot be used for legal purposes.
Never a good idea.

[skeeweeaka]

Originally Posted by certified

quote=skymonk;896850]Sorry to hear about your employment troubles, especially now with our economy so bad. I don't know about the laws myself-so I'm going to be looking them up! I had a situation where I was being verbally&emotionally abused by my boss&when I requested termination after I'd found another job she point blank told me she never would have hired me if she'd known I was bipolar. Wish I could have tape recorded that to play in a court room. Unfortunately it seems like there are so many loopholes in employment laws here that YOU have to prove THEY discriminated when they're usually very crafty&have better lawyers because they can afford them than you can. They can make up whatever excuse they want for why they fired you&YOU have to prove THEY lied. Hard to do. Have you thought of looking up an ombudsman? They're community leaders that stand up for those who need help-mostly for the elderly, but they may for your situation too. If you can, I'd tape record any conversations you have with your bosses' whether they know it or not&definitely try to create a paper trail of all of both of your actions. Hope this helps&believe me I know how hurtful this is. It's ridiculous how big of a stigma there is on mental illness in this day&age in the States. Best of luck&definitely check with a lawyer.

Tape recording anybody without their knowledge to use against them for any reason is called "entrapment" and cannot be used for legal purposes.
Never a good idea.[/quote]

I disagree, it is a good idea and has been successfully used to prove the allegations...because as the above poster suggested... YOU have to prove they discriminated. Tape recordings are proof! I am speaking from personal experience.

TJ

[ne1410s]

Your civil liberties are definitely being violated!!!

I hope you do all you can to fight this. Argh, I hate these situations!
http://www.aclu.org/

[skymonk]

What would be a better&"legal" way of proving verbal/emotional abuse? It's always their word against yours&I've found that the existence of a tape recording of their admission of what they're doing that is illegal makes them back done&at least try to work with you. I'm not writing this as a flame, I'm just curious as to what else you can do that creates concrete evidence. I'm looking for a job now&need to know this stuff so I don't get abused again.

Originally Posted by certified

quote=skymonk;896850]Sorry to hear about your employment troubles, especially now with our economy so bad. I don't know about the laws myself-so I'm going to be looking them up! I had a situation where I was being verbally&emotionally abused by my boss&when I requested termination after I'd found another job she point blank told me she never would have hired me if she'd known I was bipolar. Wish I could have tape recorded that to play in a court room. Unfortunately it seems like there are so many loopholes in employment laws here that YOU have to prove THEY discriminated when they're usually very crafty&have better lawyers because they can afford them than you can. They can make up whatever excuse they want for why they fired you&YOU have to prove THEY lied. Hard to do. Have you thought of looking up an ombudsman? They're community leaders that stand up for those who need help-mostly for the elderly, but they may for your situation too. If you can, I'd tape record any conversations you have with your bosses' whether they know it or not&definitely try to create a paper trail of all of both of your actions. Hope this helps&believe me I know how hurtful this is. It's ridiculous how big of a stigma there is on mental illness in this day&age in the States. Best of luck&definitely check with a lawyer.

Tape recording anybody without their knowledge to use against them for any reason is called "entrapment" and cannot be used for legal purposes.
Never a good idea.[/quote]

[skeeweeaka]

Originally Posted by skymonk

What would be a better&"legal" way of proving verbal/emotional abuse? It's always their word against yours&I've found that the existence of a tape recording of their admission of what they're doing that is illegal makes them back done&at least try to work with you. I'm not writing this as a flame, I'm just curious as to what else you can do that creates concrete evidence. I'm looking for a job now&need to know this stuff so I don't get abused again.

Tape recording anybody without their knowledge to use against them for any reason is called "entrapment" and cannot be used for legal purposes.
Never a good idea.

[/quote]

Keeping journals of what happened, who was there, the date, etc... That also helps tremendously. Unfortunately, getting people to back you up, in most cases, will not happen! As I said before, it is on YOU to prove that it did indeed happen. They are obviously going to deny it... Photos are also relevant in some cases, depending upon what occurred! Yes I do agree that any and all of this information can be used to help them back down. Afterwards, however, retaliation can be a factor! Then it becomes a matter of watching your back! That, in itself can be extremely stressful!

TJ

[rapidX]

Goodguy,

I've gone through a bipolar disability discrimination lawsuit against my previous employer, a fortune 500 company. It went to trial. Punitive damages went to the jury. It was appealed to the 9th Circuit. A long ordeal in which justice was not served even though I supposedly won not once, but twice. It's been a very long ordeal that come Jan 3, 2009, will be going on 10 years since I went on a medical leave of absence in which the issue, reasonable accommodation, warranted the lawsuit. Unfortunately, my ordeal continues but I can't go into it now. It's too much to explain in a post but if you would like to speak in person, I would be willing to give you my two cents and advice from my experience in dealing with this matter.

For now I would suggest checking out the following site.

The LIBRA Project

The LAS-ELC established this Project, the first of its kind in the country, to provide legal representation to poor persons with mental disabilities who experience stigma, prejudice and discrimination in the workplace.

Note: The forum wont let me post links for some reason. Google the following:

disability rights program description libra project

Be sure to click on the pdf link within the libra project section
click here for fact sheet about Disabilities in the Workplace.

Feel free to email me directly at the following address (minus the spaces).
If you'd like we can trade phone numbers as this would be more efficient.

digitalvisual @ gmail . com

Take care
rapidX

[skeeweeaka]

Originally Posted by rapidX

Goodguy,

I've gone through a bipolar disability discrimination lawsuit against my previous employer, a fortune 500 company. It went to trial. Punitive damages went to the jury. It was appealed to the 9th Circuit. A long ordeal in which justice was not served even though I supposedly won not once, but twice. It's been a very long ordeal that come Jan 3, 2009, will be going on 10 years since I went on a medical leave of absence in which the issue, reasonable accommodation, warranted the lawsuit. Unfortunately, my ordeal continues but I can't go into it now. It's too much to explain in a post but if you would like to speak in person, I would be willing to give you my two cents and advice from my experience in dealing with this matter.

For now I would suggest checking out the following site.

The LIBRA Project

The LAS-ELC established this Project, the first of its kind in the country, to provide legal representation to poor persons with mental disabilities who experience stigma, prejudice and discrimination in the workplace.

Note: The forum wont let me post links for some reason. Google the following:

disability rights program description libra project

Be sure to click on the pdf link within the libra project section
click here for fact sheet about Disabilities in the Workplace.

Feel free to email me directly at the following address (minus the spaces).
If you'd like we can trade phone numbers as this would be more efficient.

digitalvisual @ gmail . com

Take care
rapidX

Wow thanks for the information. I will definitely check it out!

TJ