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About To Be Fired?

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stillbroken

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I work for an attorney as a legal assistant. While my physical injuries do not prevent me from working, the PTSD makes it very difficult. The nightmares are so bad that I'm not sleeping enough. I'm so tired that it takes me forever to get going in the morning.

I was out for a week, and now my boss wants me at work from 9-5. I am not able to do this! She was really lax for a year, and didn't really care when I came in. Then, knowing we'd be moving to a new office space, she suddenly started getting very concerned. Of course, this had to happen right before the wreck. She never documented any "discipline" before, and I've now had 2 written warnings. I have a feeling she's creating documentation so that she can let me go and not pay unemployment.

I don't know what to do! I have 2 small children, and am in the middle of buying a house. If I lose my job, there is no way we will have enough money to live on. Should I disclose the PTSD? Since I am the only employee, my boss is exempt from many laws like FMLA that would provide protection.

ETA: Found this link on USDOL's site regarding accommodations for individuals with psychiatric disabilities. Do you think it would help to provide this to my employer? I don't want it to seem like I'm being threatening. :(
http://www.dol.gov/odep/pubs/fact/psychiatric.htm
 
is it possible for you to go on short term medical leave perhaps? It's like unemployment benefits, but if you can go to a doctor or psychiatrist and talk to them about your situation they could provide a note for you to take time off... I don't know if you can do that in the States. Here in Canada we have provincial programs that can help with short term and long term disability and welfare for those diagnosed.
If you have doctors orders, she can't tell you to keep working, can she?

I hope you don't loose your job. At least you are getting warnings though. I lost my job while I was on my short term leave... my work told me the "client" and the H.R Manager both agreed I was too "unreliable" (even though it was MED leave? WTF? lol) I was working personal security and am technically "contracted" so I do not have many workers rights as well... but I am still protected by human rights etc... and covered by provincial programs at least. I can get some financial assistance while not working. Better than nothing at all. That way if you get "fired" during your med leave, you can still get unemployment because your disability is on their paper trail.

Try looking into those things, before she draws the last straw. Take some days off if you have any vacation days or anything of the sort. Good luck with everything!!!
 
She doesn't provide any type of leave. I'm an hourly worker, so I don't even get paid vacation, sick time, etc. Georgia is a right-to-work state, meaning that essentially she can fire me whenever, for whatever reason. The only thing you can't fire someone for is discrimination. I think my only hope would be to claim being fired due to having a disability, and that would mean a long, drawn-out court battle. What an ugly process.

It is VERY difficult to get gov't disability benefits, and it's not enough to live on. Of course, if I'm classified as disabled, my ex can then come after me for custody of the kids b/c it would be considered a "change of circumstance".

Here's the email that I've composed so far:
"I completely understand. By what time do you need notification? Is text the best method?

I have a tibial plateau fracture. My orthopedist did not see a need for surgery, a cast, or a brace. In fact, he feels that movement will speed healing. As far as I know, I will be on crutches until about the 1st week of August. That may change based on follow-up visits/ evaluations. Obviously, the crutches limit some of my physical abilities, but not to the point of making me completely unable to do work-related tasks. My doctor's office forgot to give me the "limited ability" work notice; would you like me to get it for you? Also, I have "return to work" notices from the ER that I can provide you.

In addition to my physical injuries, I am unfortunately experiencing serious trauma-related stress. It severely impacts my ability to function normally, much more so than the broken tibia. I am seeking treatment for this, but do not yet have a prognosis. I have an appointment Wednesday for an evaluation, and I hope to be able to bring recommendations back to you as a result."
 
Sounds as if you are in a very tough situation.

I guess I don't have much advise, except to begin the process of applying for disability, since it can be lengthy.

Seems to me if you are determined to be disabled, that the status of PTSD would not necessarily qualify you as an unfit parent. Plus, it would likely take your ex a process to go down that road, so I wouldn't stress too much about that.

In the meantime, try to control some of these thoughts. PTSD'ers are known to have 'catastrophic' thinking patterns that worsens our stress unnecessarily, and from your posts it appears to me that is contributing a lot to what is going on here. I speak from experience and it is an area that you can work on.

For now, calm yourself. Perhaps disclosing you have a disability and require accomadations may be the route to take. Do you have the doctor's documentation to back you up? I'd go to you psyche doc, explain you need a note requesting accomodations such as flexible start times, work from home, etc. Then approach your employer. Under the ADA these would not be considered unreasonable for our condition at all.

So gather yourself for now. Your children do not need to see you in such distress. Calm yourself, if that takes adjusting your meds, then do so under your doc's advise. But please try not to go into black or white mode. Settle yourself and hope for the best outcome.

Thoughts are with you.
Ter
 
Luckily, my children are not with me. They are with their father while I recuperate from the accident. I have been through a horrific custody battle with him before, for absolutely no reason. I "won", and it cost me $15,000. So, honestly, my fears are not out of line. It doesn't take much to set him off.

I have an appt Wed morning with the psy doc, and plan on asking for some type of documentation.

I really don't want to go for disability. I want to work. Heck, I had plans on going to law school next fall. It was supposed to be this fall, but I decided buying a house was enough stress for one fall.

I must disclose that "catastrophic thinking" sounds a lot like "drama queen" to me, and that's a major hot button. I feel that probably wasn't your intent, but I want to put that out there. You're certainly right that my anxiety level is high, and the stress of different problems is starting to merge. It's overwhelming, and yet, I still need to make rational decisions. :(
 
First Let Me Say...

I'm really sorry your boss is acting like this. I work in HR and have an understanding of discrimination laws, but I'm not an attorney.

How many employees are in your organization? More than 15? If it's fewer than that, federal laws don't apply and I'm sorry to say it sounds like it might be very small? If it does happen to be more that 15 employees you are covered under ADA if you disclose your condition, ask for an accommodation of a flexible work schedule, and back up the need for the accommodation with a doctor's note.

There may be state laws in GA that provide the same thing for fewer employees than 15, but I'm not familiar with GA laws. I would say at this point, I would definitely disclose the PTSD (I always do it right up front). It sounds very much like you are in danger of losing your job anyway, and this might be your saving grace. If she is an attorney, she will probably have resources that will either let her know what she can do to accommodate you if she wants you to stay - or, can help her terminate you if she's already made up her mind to let you go. She may decide that she'll end up having to pay unemployment though, so it's worth saying something asap IMHO.

I wouldn't bring the website or anything legal. I would approach it like, "I'm so sorry I didn't tell you this sooner... I want to be a good employee and I was afraid you would think I wouldn't. I believe I can trust you though... I have PTSD... trouble sleeping... need to be able to work a flexible schedule to perform my job duties... here's a doctor's note / will have a doctor's note for you tomorrow."

Then write down everything you said, everything she says, no matter how insignificant. It will give you more pull if there is an unemployment hearing. You can also go back and say, from this date to this date, I was allowed to have a flexible work schedule and did not have to disclose my condition. On XXX date, I was in a car accident that exasorbated by symptoms, NAME started requiring me to come in on a set schedule, I disclose PTSD on this date, (detail the entire conversation), provided a dr.'s note on this date (detailed the conversation)... and detail every conversation after that.

Keep a copy of that at home, not at work.

I have found that even if worse comes to worst, documenting and having a plan makes me feel less powerless over my circumstances. It also gives me an outlet for that urge to fight injustice.

I wish you all the best... please don't hesitate to contact me if I can help you any more

Me and PTSD
 
"Catastrophic thinking" is one of the symptoms of PTSD....not intended to mean a character trait nor 'drama queen.'

Just something to consider that perhaps can move one out of reactive/chaotic mode. Not mean't to push any buttons.
 
PTSD and me...the attorney I work for is a solo practitioner. Add that to GA being a "right to work" state, and I'm essentially screwed. I'll look up the state employment laws re: disability, though. My main thought right now is covering my ass in case she fires me. I will gladly take your advice about documentation.

TLight...thanks for clarifying. I was so anxious yesterday that I essentially perceived anything as an attack. Birdshit on my car? The bird hates me. Someone looks at me? They're pitying me on my crutches. I can feel the anxiety creeping up again, and THIS TIME I'm taking my meds like a good little girl. :)

My other thought is to sue the other driver's insurance company in order to recoup my medical bills and lost wages. I really, really, really don't want to do this, but if the other driver was in any way at fault (like texting while he was driving), I need to protect myself. My insurance company doesn't have subpoena power, and unless the other driver discloses that he was doing something wrong, they can't pursue it. I'll probably move this part of the post to another forum in a bit, but it's just part of my thought stream for now.
 
"Birdshit on my car? The bird hates me." - LOL

I didn't know other people did that too! I like to tell myself the bird shit on my car because I'm a stupid loser who deserved it anyway. Nice messages we send ourselves...
 
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