Dr. Umesh Jain is now exclusively responsible for TotallyADD.com and its content

Re: Im about to get fired..again..any suggestions

Re: Im about to get fired..again..any suggestions2010-11-13T04:23:24+00:00

The Forums Forums The Workplace Lost/Losing My Job Im about to get fired..again..any suggestions Re: Im about to get fired..again..any suggestions


Post count: 121

I think what Larynxa is saying (and correct me if I misunderstood Larynxa) is if you disclose to your boss, it makes it more difficult for him to can you. Once you disclose, in Ontario at any rate, he has a duty to accommodate you. According to the Ontario Human Rights Commission’s Policy and Guidelines on Disability and the Duty to Accommodate”, Section3.3.1 – Essential Duties and the Current Job “No one can be judged incapable of performing those duties until efforts have made to accommodate the individual up the the point of undue hardship.”

It also states that the “duty to accommodate may require employers to consider modifying performance standards or productivity targets.”

When you disclose, your boss owns the problem and you have more control of the situation. But it’s no free pass. He can either accommodate your disability (the easiest and cheaper thing to do), fire you (out of ignorance of the law), or make your life so miserable, you’ll quit. But he can’t legally do the last two and document everything – borderline harassment can be subtle. And don’t ever quit until you have a better situation.

And while it seems easier to let yourself be fired, you’ll never know IF you could do your job better if you had accommodations in place. A good thing to know when you get another job on your own terms. You’ll also have a better case for wrongful dismissal if you disclose before being fired.

I must warn you, though, every attempt will be made to coerce you into leaving to solve their problem. It’s a long, difficult road but again, disclosing can be a game changer. I’m still working there. And I really don’t know which is the worst feeling – being fired or disclosing a disability at work. Been through both. Make sure you emphasize the word disability and use it as many times as you can. My boss tried to call it a “condition” as if it were a headcold. I quickly reminded him it’s a disability.

I know where you’re at right now: I went through the same thing. But, once it’s realized by them that you know your rights and you slowly start to make gradual improvements in your work situation, the pressure will be off you. And when the pressure is off, the work seems easier.

Not to mention the improvement in your self-esteem because you have done something many people are afraid to do – make themselves vulnerable.

I’m no “law-talker”, but you should get some legal or professional advice before proceeding with any of this.

I just think that we as ADDers need to make more of a noise. For too long we have been at the mercy of our disability in the workplace. I saw my experience as trying to level the playing field.

Hope this helps…and good luck.