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	<title>Comments on: Court: Bipolar employee should&#8217;ve gotten time off &#8212; company loses 91K</title>
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		<title>By: John</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-10366</link>
		<dc:creator>John</dc:creator>
		<pubDate>Wed, 17 Jun 2009 20:03:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-10366</guid>
		<description>I am a strong advocate for those that fall under ADAAA qualifications. However, ADAAA does not offer protection to criminal or dangerous behavior.  The company and employee that is ADAAA qualified must meet to have an interactive process to discover what a reasonable accommodation would be for the employee to accomplish the essential duties of the job. Harassment; assault; propagation of a hostile work environment; malicious property damage are not ADAAA reasonable accommodations. 

Document incidences that have a negative affect upon you. The incidents have to be material to your safety, affect your job performance or provide substantial evidence of hostility. Incidents that make you uncomfortable will not live up to a test under law. Present this to your supervisor as a safety issue or a violation of your right to work in a hostile free work space. Second, if you have a &quot;Work Place Violence&quot; policy make sure you understand it and the protections it should offer to employees. You do have rights as well.</description>
		<content:encoded><![CDATA[<p>I am a strong advocate for those that fall under ADAAA qualifications. However, ADAAA does not offer protection to criminal or dangerous behavior.  The company and employee that is ADAAA qualified must meet to have an interactive process to discover what a reasonable accommodation would be for the employee to accomplish the essential duties of the job. Harassment; assault; propagation of a hostile work environment; malicious property damage are not ADAAA reasonable accommodations. </p>
<p>Document incidences that have a negative affect upon you. The incidents have to be material to your safety, affect your job performance or provide substantial evidence of hostility. Incidents that make you uncomfortable will not live up to a test under law. Present this to your supervisor as a safety issue or a violation of your right to work in a hostile free work space. Second, if you have a &#8220;Work Place Violence&#8221; policy make sure you understand it and the protections it should offer to employees. You do have rights as well.</p>
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		<title>By: penny</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-9910</link>
		<dc:creator>penny</dc:creator>
		<pubDate>Fri, 05 Jun 2009 01:37:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-9910</guid>
		<description>I Have been harassed by a bipolar co worker for nine months now.During the time of the harassment I did not know she was bipolar.My supervisors who knew of her condition, advice was to just deal with her.Things escalated to the point she was arrested for harassment and assault on the job.This case went to court.Of course nothing was done with her due to her condition.I now know she is protected by ADA .I would like to ask what about me. My car was keyed,I got sick and hospitalized.Lost time at work.It even has caused problems between my husband and myself.I to should have rights against management and her.Please help</description>
		<content:encoded><![CDATA[<p>I Have been harassed by a bipolar co worker for nine months now.During the time of the harassment I did not know she was bipolar.My supervisors who knew of her condition, advice was to just deal with her.Things escalated to the point she was arrested for harassment and assault on the job.This case went to court.Of course nothing was done with her due to her condition.I now know she is protected by ADA .I would like to ask what about me. My car was keyed,I got sick and hospitalized.Lost time at work.It even has caused problems between my husband and myself.I to should have rights against management and her.Please help</p>
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		<title>By: John</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-5263</link>
		<dc:creator>John</dc:creator>
		<pubDate>Fri, 20 Feb 2009 20:41:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-5263</guid>
		<description>You may also have a prima facia case for violation of your FML rights. Having a clean record  3 years before taking FML is significant. Malicious pursuit of little things to build a negative work history may be seen as a pretext. In other words the real reason was to dismiss you rather than having legitimate performance failures. Secondly being dismissed at such close proximity time wise from when you returned to work from an approved FML absence could be additional evidence of retaliation for exercising your FML rights. 

Did you have an interactive discussion with them about reasonable accommodation for your condition? It would have been wise on the organization’s part to have asked you about that under ADA-AA.</description>
		<content:encoded><![CDATA[<p>You may also have a prima facia case for violation of your FML rights. Having a clean record  3 years before taking FML is significant. Malicious pursuit of little things to build a negative work history may be seen as a pretext. In other words the real reason was to dismiss you rather than having legitimate performance failures. Secondly being dismissed at such close proximity time wise from when you returned to work from an approved FML absence could be additional evidence of retaliation for exercising your FML rights. </p>
<p>Did you have an interactive discussion with them about reasonable accommodation for your condition? It would have been wise on the organization’s part to have asked you about that under ADA-AA.</p>
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		<title>By: Ann MArie</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-5181</link>
		<dc:creator>Ann MArie</dc:creator>
		<pubDate>Thu, 19 Feb 2009 20:47:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-5181</guid>
		<description>I have worked for a dentist for almost 3 years. I have gotten 2 raises (one for 2.50 an hour more) and have never had a problem. I have no write ups and never been reprimanded. Last October ( 4 months ago) I started to have a break down and went to a local mental hospital where they admitted me for 8 days where i found out I was bipolar. no one knew it just I was up a lot and then get upset over nothing every so often. Anyway I tool 12 weeks off for the FMLA (Family Medical Leave act). and went back to work. Suddenly I was fired after 4 weeks back. Again not one time was i written up or spoken to. The Dr who didnt want me there being bipolar started picking on me for anything she could. In fact I called a patient to reschedule and either a) hit a wrong digit on phone and left a message on someones else answering machine or 2) the customer changed their number and it now belonged to someone else. The gentlemen called back to tell us that I had left a message for a return call (no patient info was shared,just to call back to reschedule) and said that we left a message and the person we tried to call wasn&#039;t at that number. The Dr went ballistic on me looking for me to react and have an episode. I didn&#039;t and it went on. I was told when fired that was the reason for my firing. Now how does anyone get fired for dialing a wrong number. It was to be a blatant violation of my rights and to fire me for my disability is only reason. I was an exemplary employee again receiving above average raises. Has anyone ever dialed the wrong number? I am pursuing  a suit against them for discrimination for violating the ADA. This to me and my attorney and the EEOC discrimination. Getting fired 4 weeks after coming back for no reason after being a great employee? Id love to hear responses or thoughts.</description>
		<content:encoded><![CDATA[<p>I have worked for a dentist for almost 3 years. I have gotten 2 raises (one for 2.50 an hour more) and have never had a problem. I have no write ups and never been reprimanded. Last October ( 4 months ago) I started to have a break down and went to a local mental hospital where they admitted me for 8 days where i found out I was bipolar. no one knew it just I was up a lot and then get upset over nothing every so often. Anyway I tool 12 weeks off for the FMLA (Family Medical Leave act). and went back to work. Suddenly I was fired after 4 weeks back. Again not one time was i written up or spoken to. The Dr who didnt want me there being bipolar started picking on me for anything she could. In fact I called a patient to reschedule and either a) hit a wrong digit on phone and left a message on someones else answering machine or 2) the customer changed their number and it now belonged to someone else. The gentlemen called back to tell us that I had left a message for a return call (no patient info was shared,just to call back to reschedule) and said that we left a message and the person we tried to call wasn&#8217;t at that number. The Dr went ballistic on me looking for me to react and have an episode. I didn&#8217;t and it went on. I was told when fired that was the reason for my firing. Now how does anyone get fired for dialing a wrong number. It was to be a blatant violation of my rights and to fire me for my disability is only reason. I was an exemplary employee again receiving above average raises. Has anyone ever dialed the wrong number? I am pursuing  a suit against them for discrimination for violating the ADA. This to me and my attorney and the EEOC discrimination. Getting fired 4 weeks after coming back for no reason after being a great employee? Id love to hear responses or thoughts.</p>
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		<title>By: CJ</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-4629</link>
		<dc:creator>CJ</dc:creator>
		<pubDate>Sat, 07 Feb 2009 04:17:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-4629</guid>
		<description>PS - I work for HR!</description>
		<content:encoded><![CDATA[<p>PS &#8211; I work for HR!</p>
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		<title>By: CJ</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-4627</link>
		<dc:creator>CJ</dc:creator>
		<pubDate>Sat, 07 Feb 2009 04:07:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-4627</guid>
		<description>I have been diagnosed bipolar.  I have not told my employer and worry that I could take a serious &quot;episode&quot; at any point!  Given that I have 6 years service to this company and have been in a seconded position as manager for the past 12 months makes me hope that if my illness does go to extremes that my boss would help me through rather than sack me.  What&#039;s been good for 6 years must be worth fighting for if I take a bout of Mania or Depression, if not I don&#039;t think I want to work for them!!!</description>
		<content:encoded><![CDATA[<p>I have been diagnosed bipolar.  I have not told my employer and worry that I could take a serious &#8220;episode&#8221; at any point!  Given that I have 6 years service to this company and have been in a seconded position as manager for the past 12 months makes me hope that if my illness does go to extremes that my boss would help me through rather than sack me.  What&#8217;s been good for 6 years must be worth fighting for if I take a bout of Mania or Depression, if not I don&#8217;t think I want to work for them!!!</p>
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		<title>By: John</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-4585</link>
		<dc:creator>John</dc:creator>
		<pubDate>Fri, 06 Feb 2009 13:31:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-4585</guid>
		<description>Linda

I want to thank you for sharing such a personal life touching experience with us. It is my hope that those who have become so “HRized” remember that though we do have responsibilities to our companies we more importantly have responsibility to people, humans with all of their imperfections. Some how we constantly make excuse for employees whose behavior is less than stellar even managers that get companies sued on a daily basis. Yet when it comes to human compassion for a person with a treatable condition we move away from them treating them as something to loathe in our actions if not, at times, our words. That is wrong and were it not for such actions by us, the profession that is supposed to have the greater knowledge of what a person&#039;s rights are under the law, we would have no need for the constantly expanding role of the courts to make us do what we should have been doing in the first place.

I have been chastised before as an H/R professional that is not interested in the company way of doing things. I have been chastised for saying that I am an employment law advocate and whichever, the company or the employee, is right is who gets my support. That is the way we all should be. The law is there. We are responsible to see that it is administered without prejudice. That includes those that are less than what some of us that hold ourselves as the standard should be.

I don&#039;t mean to be harsh but I do mean to be honest with my thoughts here. Thank you Linda for giving us something very real to think about.</description>
		<content:encoded><![CDATA[<p>Linda</p>
<p>I want to thank you for sharing such a personal life touching experience with us. It is my hope that those who have become so “HRized” remember that though we do have responsibilities to our companies we more importantly have responsibility to people, humans with all of their imperfections. Some how we constantly make excuse for employees whose behavior is less than stellar even managers that get companies sued on a daily basis. Yet when it comes to human compassion for a person with a treatable condition we move away from them treating them as something to loathe in our actions if not, at times, our words. That is wrong and were it not for such actions by us, the profession that is supposed to have the greater knowledge of what a person&#8217;s rights are under the law, we would have no need for the constantly expanding role of the courts to make us do what we should have been doing in the first place.</p>
<p>I have been chastised before as an H/R professional that is not interested in the company way of doing things. I have been chastised for saying that I am an employment law advocate and whichever, the company or the employee, is right is who gets my support. That is the way we all should be. The law is there. We are responsible to see that it is administered without prejudice. That includes those that are less than what some of us that hold ourselves as the standard should be.</p>
<p>I don&#8217;t mean to be harsh but I do mean to be honest with my thoughts here. Thank you Linda for giving us something very real to think about.</p>
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		<title>By: Linda</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-4447</link>
		<dc:creator>Linda</dc:creator>
		<pubDate>Wed, 04 Feb 2009 20:48:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-4447</guid>
		<description>EVERYONE, PLEASE READ MY MESSAGE IN ITS ENTIRETY.  I can&#039;t believe so many people in the 21st century still seem to believe that a bi-polar person could be normal if they really tried.  Worse yet, it seems that some of you think these people should be cast aside.  My son is bi-polar but was not properly diagnosed until he was over 30 years old.  In the meantime, his work record became so spotty that he is now virtually unemployable even though he would like nothing more than to be a contributing member of society.  He is highly intelligent and holds a master&#039;s degree, which is remarkable considering he has actually battled this illness since he was in his late teens.  As an HR professional, I understand the employer&#039;s dilemma, but as a mother the treatment my son has endured his entire adult life makes me weep.  He is treated like an outcast by most people, including some members of my own family.  Society is sympathetic with a disability they can &quot;see&quot; but terribly cruel to those people who are mentally ill.  Trust me on this, you wouldn&#039;t want to walk a mile in my shoes.  I cannot die in peace knowing that no one will care what happens to my son when I am no longer alive.</description>
		<content:encoded><![CDATA[<p>EVERYONE, PLEASE READ MY MESSAGE IN ITS ENTIRETY.  I can&#8217;t believe so many people in the 21st century still seem to believe that a bi-polar person could be normal if they really tried.  Worse yet, it seems that some of you think these people should be cast aside.  My son is bi-polar but was not properly diagnosed until he was over 30 years old.  In the meantime, his work record became so spotty that he is now virtually unemployable even though he would like nothing more than to be a contributing member of society.  He is highly intelligent and holds a master&#8217;s degree, which is remarkable considering he has actually battled this illness since he was in his late teens.  As an HR professional, I understand the employer&#8217;s dilemma, but as a mother the treatment my son has endured his entire adult life makes me weep.  He is treated like an outcast by most people, including some members of my own family.  Society is sympathetic with a disability they can &#8220;see&#8221; but terribly cruel to those people who are mentally ill.  Trust me on this, you wouldn&#8217;t want to walk a mile in my shoes.  I cannot die in peace knowing that no one will care what happens to my son when I am no longer alive.</p>
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		<title>By: John</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-3968</link>
		<dc:creator>John</dc:creator>
		<pubDate>Wed, 28 Jan 2009 15:28:52 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-3968</guid>
		<description>I have read with intense interest each word on this thread. Frankly there are some misguided views on why ADAAA was amended as such and its application to those that suffer from mental or emotional maladies. There were even a couple of comments that have me thinking that if you feel as you do and act on it in behalf of your company, get ready for a lawsuit.

I too know bi-polar people. They are effective workers, good friends who just happen to have a condition not unlike other medical conditions that other people suffer. Somehow it seems that so much emphasis is placed on the word &#039;mental&#039; or &#039;psychological&#039; that the greater point of ADAAA morphs into something that does not apply.

Allow me to give an example. You have an employee that gets arrested for drunk driving. They were belligerent, combative, and certainly unable to perform their essential job duties. You hear of it and terminate the employee with disgust feeling that the ee has disgraced himself and the company. Maybe the ee was driving a company vehicle. All of the elements could fit a person episodic of an active bi-polar event. Your mind is set. Now later on that day you find out that though all of the elements of the arrest were true EXCEPT the person was NOT drunk. They suffered a diabetic episode which mimics closely a drunken person in many instances. What happens to your thought process? Now it&#039;s &quot;Ohhhh. . . now I understand&quot; why. . because you can feel comfortable with a focus on a physical ailment rather than mental.  Diabetes is not curable but can be managed with medication. Other than the example turning the focus onto a physical condition what would the difference be if the condition was bi-polar with the same description?  Still a condition that is not curable but can be managed with medication. Both have a limiting factor on major life functions. Sorry, I’m not hearing ADAAA has gone too far, I am hearing lack of knowledge about mental maladies and lack of acceptance of those that have them. One writer referenced diversity in their answer. I think that writer was correct.

I’m not chastising anyone but here is an opportunity for us all to take a second look of how we view things as opposed to how the ADAAA that we are responsible for administering, views the same thing.</description>
		<content:encoded><![CDATA[<p>I have read with intense interest each word on this thread. Frankly there are some misguided views on why ADAAA was amended as such and its application to those that suffer from mental or emotional maladies. There were even a couple of comments that have me thinking that if you feel as you do and act on it in behalf of your company, get ready for a lawsuit.</p>
<p>I too know bi-polar people. They are effective workers, good friends who just happen to have a condition not unlike other medical conditions that other people suffer. Somehow it seems that so much emphasis is placed on the word &#8216;mental&#8217; or &#8216;psychological&#8217; that the greater point of ADAAA morphs into something that does not apply.</p>
<p>Allow me to give an example. You have an employee that gets arrested for drunk driving. They were belligerent, combative, and certainly unable to perform their essential job duties. You hear of it and terminate the employee with disgust feeling that the ee has disgraced himself and the company. Maybe the ee was driving a company vehicle. All of the elements could fit a person episodic of an active bi-polar event. Your mind is set. Now later on that day you find out that though all of the elements of the arrest were true EXCEPT the person was NOT drunk. They suffered a diabetic episode which mimics closely a drunken person in many instances. What happens to your thought process? Now it&#8217;s &#8220;Ohhhh. . . now I understand&#8221; why. . because you can feel comfortable with a focus on a physical ailment rather than mental.  Diabetes is not curable but can be managed with medication. Other than the example turning the focus onto a physical condition what would the difference be if the condition was bi-polar with the same description?  Still a condition that is not curable but can be managed with medication. Both have a limiting factor on major life functions. Sorry, I’m not hearing ADAAA has gone too far, I am hearing lack of knowledge about mental maladies and lack of acceptance of those that have them. One writer referenced diversity in their answer. I think that writer was correct.</p>
<p>I’m not chastising anyone but here is an opportunity for us all to take a second look of how we view things as opposed to how the ADAAA that we are responsible for administering, views the same thing.</p>
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		<title>By: Pamela</title>
		<link>http://www.hrlegalnews.com/court-bipolar-employee-shouldve-gotten-time-off-company-loses-91k/comment-page-1/#comment-2140</link>
		<dc:creator>Pamela</dc:creator>
		<pubDate>Thu, 13 Nov 2008 15:42:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrlegalnews.com/?p=256#comment-2140</guid>
		<description>Now, Imagine if you are me. I&#039;m bipolar. Very Bipolar.

I love my job. I care about my coworkers and because of that my production is well above that of other employees. I&#039;m commended constantly about how great of a job I&#039;m doing and how they&#039;d not function properly without me. I&#039;m carrying my entire department...

But every couple of months I stop careing. I soon hate my job, hate these &#039;people&#039; and i hate myself. I dont want to feel this way, but I cant help it. My job preformance just has to suffer until i feel better. Then my boss starts to complain about how she knows my potential holds more but I&#039;m not matching that. It makes everything that much worse.

Things will soon go back to normal, but I cant force it to come any faster... Should i loose my job because of the &quot;down times?&quot; I mean, I surely dont think so...</description>
		<content:encoded><![CDATA[<p>Now, Imagine if you are me. I&#8217;m bipolar. Very Bipolar.</p>
<p>I love my job. I care about my coworkers and because of that my production is well above that of other employees. I&#8217;m commended constantly about how great of a job I&#8217;m doing and how they&#8217;d not function properly without me. I&#8217;m carrying my entire department&#8230;</p>
<p>But every couple of months I stop careing. I soon hate my job, hate these &#8216;people&#8217; and i hate myself. I dont want to feel this way, but I cant help it. My job preformance just has to suffer until i feel better. Then my boss starts to complain about how she knows my potential holds more but I&#8217;m not matching that. It makes everything that much worse.</p>
<p>Things will soon go back to normal, but I cant force it to come any faster&#8230; Should i loose my job because of the &#8220;down times?&#8221; I mean, I surely dont think so&#8230;</p>
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