It took it's due course.

Oct 07, 2008 03:19

Well it finally happened. They finally canned me. Carrols Corporation/Burger King fired me for sleeping on the job. Let's not forget I have sleep apnea.

I'm researching if it can be classified as a disability, and if so, I may be able to file a discrimination claim against them through the EEOC. We'll see.

work, sleep apnea

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angelz81 October 7 2008, 16:39:56 UTC
If it makes you feel better, I got 'let go due to overstaffing' so I filed for unemployment. After two weeks go by they decide to fight my claim and state that they fired me for poor work performance..despite being told it was for overstaffing and I never signed any write ups for work performance ( ... )

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lywellyn October 7 2008, 20:13:02 UTC
If my relationship with my ex taught me *anything*, it's that there are a lot of companies that are shit like that, and don't adhere to ADA requirements.

But she's also told me that since I can't have a sleep study done, I may not be able to be declared disabled.

So I guess we'll see. Miss you :)

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angelz81 October 8 2008, 04:32:40 UTC
So you haven't been diagnosed with sleep apnea at all..??
Was your company aware of the issues? Cuz that could be the make it or break it..specially if there was paperwork..paperwork makes a world of difference.

Miss you too love!

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lywellyn October 8 2008, 06:04:19 UTC
From what I've read myself, it's starting to sound like diagnosis and a sleep study are two different things. Any doctor can diagnose you with sleep apnea. But the sleep study sounds more like its intended to figure out a viable treatment plan rather than actually diagnose you.

My previous physician diagnosed me with it, and wrote on a slip of paper that I have sleep apnea, and I had showed it to my manager and personally put it in my file.

Now I just need to get a copy of that.

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angelz81 October 8 2008, 14:08:09 UTC
I believe they are two separate things as well. Diagnosis is one thing..sleep study is a more in depth diagnosis as to the severity and possible treatment and plan of action for the issue.

Your doctor could verify everything and give you copies I'm sure if you can't get the orginal copied. Date of diagnosis..

I would definately file for unemployment when you get all your shit together. Worst case scenario they deny your claim and they do give you a chance to fight it or they ask you a bunch of questions to determine everything. Thats worth a shot at least til you get another job or the filing a claim with EEOC.

As far as the EEOC, call them when you get all your paperwork and talk to someone. They can give your more information. Its never to bad to have to much info right?

just my two sense..

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lywellyn October 8 2008, 19:20:37 UTC
That's basically what I've been thinking, yeah. :) Worst anyone can do is turn me down, and in that case, I'm no worse off than when I started.

Thanks a ton, hon. I really appreciate your support :D

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angelz81 October 8 2008, 21:44:11 UTC
Exactly.. you gotta try to help yourself out and not just take it for what it is..

Not a problem hun. I'm sitting in a similiar boat. So don't worry..

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