ADHD at Work
Fired for disclosing I might have ADHD. How can I prove that?
I was hired 4 months ago by a hospital as a respiratory therapist, a job I’ve been doing for 8 years. After 10 weeks the new hires are tested on their clinical skills. The clinical educator emphasized that no one had ever been terminated for failing the test; it was simply a way of determining what our strengths and weaknesses were so they would know where we needed extra help during the orientation process.
I didn’t fail; in fact they told me I did BETTER than average so I was relieved. There was one area I wanted to improve though and so I mentioned to one of my supervisors that I MIGHT have ADHD. I told her in the hope that she might be able to come up with some other ways to learn what I needed to know in order to be an excellent therapist. I also told my preceptor and she said she saw no signs that ADHD was affecting my performance. She just said it was a very difficult time and that it had taken her years to get to the level she was at. She and all of my other co-workers were very reassuring and I was absolutely in love with the job. My patients and co-workers loved me.
My manager was on medical leave at the time but when she returned a few weeks later I was called into her office and was told that I had to stop work immediately and could not return to work until I received a medical clearance from Occupational Health. This involved seeing my doctor and having him attest to the fact that, if I did in fact have ADHD, it was not affecting my performance. He put me on Adderall and Occupational Health said I was fit to return to duty as long as I followed my doctor’s orders. I returned to work 5 days after I was asked to leave.
On my second day back I was called into the office and one of the clinical educators told me that if I was not perfect from here on in I would be terminated. He said he realized this put me under an enormous amount of pressure but that patient safety was paramount. I asked him to list some of my shortcomings and they were all very petty things and did not put my patients in jeopardy in any way. Just the week before a patient had died because the nurses accidentally cut off her oxygen to the point that she was brain dead. Nobody was disciplined for that incident as far as I know and the following week a similar incident occurred.
I had never received a verbal or written warning before. The educator asked me what he could do to help and I asked him to put a list of my deficiencies in writing. He said he would be glad to but I never heard back from him.
Three days later I was called into my boss’ office at the end of the shift. I told her that I was taking my meds as directed and had a complete evaluation by an ADD specialist scheduled the following week. She informed me that I was being let go because, despite the warning I had received, my performance was unacceptable.
I moved here at my own expense from Colorado and am not eligible for Unemployment because I only worked the last quarter of 2011. Don’t know where I’ll go from here or how I will get there.
Just wondering if I have any legal recourse. This is a “right to hire” state which really means they can fire you for ANYTHING if they want to. It’s clear to me I was fired for revealing that I might have ADHD but not sure what rights I may have under the ADA.
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Replies
You are asking a forum if you have any legal recourse. If you have a question about the law you should ask a lawyer. Most lawyers will give you a free one hour session to determine if you have a case. Be sure to see a lawyer who specializes in employment law.
So VERY sorry you are facing what is relayed above. I have little advice for you regarding what you can do now. I would suggest hiring a lawyer versed in employment law.
Although many here disagree with me on this point, I would suggest in the future to NEVER relay to ANYONE where you work that you (may) have ADHD. I never relay that information to anyone. Ever. Look at ADHD symptoms. They are an anathma to civilized society… You know the litany. You would be better off telling those you associate with that you have typhoid… At least with typhoid you either get better or die. ADHD never goes away although the symptoms can be somewhat controlled.
This is especially true if you have professional licenses or certifications. Let’s face it. Having ADHD points to all manner of potential screw ups at work. Given the med malpractice industry, medical service providers are loath to introduce anyone or anything that would increase risk.
ADHD is a risk. They will avoid it.
Also, managers in these professional environments know the law and know how to skirt potential discrimination claims. Managers are $ focused and ruthless. A staff member with ADHD who comes in contact with patients is often perceived as a threat to cash flow. You are not perceived as a person.
Anyway.. to your (potential) case. You have to prove they knew of your condition AND you were treated adversely because of that knowledge. That you were not offered assistance in dealing with those conditions on the job. Lawyers can help you with the fact you were not officially diagnosed - - if it is an issue at all.
Carry a pocket recorder. Digital. Time date stamp everything you record by saying this info into the recorder before you turn off/on. Or, make sure you set the time/date on the recorder. People LIE as freely as they breath. Nothing like noises coming from their own pie-hole during a deposition to jog their memory. I have used recordings for other legal actions. They work… really well. Just make sure of laws in your state if you choose to do such a thing.
I too have an advanced degree and a professional certification. I have had 7 jobs in the last 25 years with 5 of those years unemployed. I swear I would rather have cancer than this @#$# ADHD nightmare. I will spare you the details but if you read here often, you know what this disorder can do to a life.
As for me… I am going into teaching. I think it was Emerson who said: ‘those who cannot do, teach’. It’s a ‘Fellows’ position which allows for expedited certification. No more 14 hour days and I will have time for my young daughter who I am raising alone. I am in the program and will start in June. We ADHDers can very often do very well in academics.
Go to your old boss, tell him you need his reference, and move forward. A kind word from a previous employer can go miles in the job hunt. Don’t burn those bridges regardless of how pissed you are.
Good luck with what you do with your life. You apparently focus on the well-being of others - Rewarding and Good.
So sorry to hear what you are going through. I’ve had the same type situation happen to me. It really sucks. I agree with lakelife, never ever tell any employer or ,coworker that you have ADD. Yes, some employers will be acommodating but the majority will not. Keep it to yourself. Good luck and stay strong. There may be something better in your future. Every time I’ve been fired the new position seems to be a better fit.
I am sorry to hear about this as well, and I echo going to a lawyer to see what can be done. Often just a call from someone like that will get you somewhere because so many people just roll over and take it!
I did want to mention in regards to taping conversations, that covert recording laws actually vary quite a bit from state to state! That’s why I hate blanket advice online, sorry guys.
if you go to the RCFP website (Reporters Committee for Freedom of the Press) they have a good overview without having to dig into state law.
Thanks, Zafra… I made that correction
.Thanks Zafra. I found I can not use a recording device without committing a felony. While I do not understand the logic, I do not want to go to court.
I would also like to thank all of you for agreeing with my gut feeling of don’t tell work about ADHD. My doctor offered to go talk to them or write a letter. I don’t trust bosses and agree that they only care about $. They would find a way to eliminate a risk. I would be a risk, not a person.
ADHD has taught me to accept reality. This is the only way I can succeed, so I must walk quietly.
The first thing you should do is get a letter from a Dr. that says what you have and how it affects your job. The next thing you do is see a lawyer. The hospital will have to produce paperwork about your performance and list why they terminated you.
I lost a job because I couldn’t learn the computer system they had fast enough to suit them. When they were investigated my ex boss came up with all kinds reasons I was let go BESIDES the computer issue. My case boiled down to he said/she said and it’s very difficult to win those cases unless you have specific daily documentation (which no one usually remembers to do at the time)
Good luck. I feel for you. I’m in health care too. I know what Armand means by excepting reality. I had to face the reality of being “let go” (their words)for the first time after 32 years of good performance reviews.
Sorry for all the late replies to all of you. I will pay more close attention to the forum.
The idea of hiring a lawyer is great but I have no money. I DID record my termination conversation but there is no way I can prove that they did NOT fire me for ‘performance’ even though I know it’s BS.
I would love to hire a lawyer because I feel that they would then have to answer me and would be cheaper for them than going to court but again, I have no funds. Would be great to find a pro bono lawyer but I believe this would be next to impossible
I also understand I can file a grievance with EEOC regarding the Americans with Disability act but I doubt the company would feel much heat and I understand the EEOC is overwhelmed these days.
I’m upset because I told them I MIGHT have ADHD. I was cleared by THEIR doctor and told that if I DID have it my job performance was not affected. They did not give me time to consult a specialist. When I finally did he said I probably have it but it doesn’t affect my work.
Their was a patient death shortly before I was fired. I was not involved but I know it will be investigated and I think they fear it would look bad if it was known they hire ‘incompetent’ people and that’s why I was let go. They had a lot invested in my hiring and training and would not have let me go for the performance reasons they cited when others had performed far worse with no consequences.
ABSOLUTELY you were discriminated against due to your ADD. It is against the ADA laws. I was dismissed from serving as a clergy, and then “KICKED” out of seminary because I revealed I was ADD. I was told so.
You do need a lawyer not only versed in employment laws but also versed in ADA act. and ADD.
Unfortunately, now that this has happened. Even if you get your job back at that hospital. They will always be on your back, which is not worth the trouble. But it is important to clear your record with them. So that you next employer is away of your out standing skills.
My love and prayers are with you.
P.S.
I did get reinstated at the Seminary and finished my studies to be a Ordained Clergy.
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