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    Frustrated and need advice

    I started working for my employer in 2007, I found out in 2013 I have MS on top of 2 other illnesses. I disclosed the MS to my boss at the time thinking it was the best thing to do because I was missing so much work.

    So last year I had a lesion pop up that is causing numbness and the pins and needles feeling. I've been dealing with it for a year now. I've lost 40% of my strength on my right side. In august I broke my foot. The conclusion too it was that I am putting most of weight on my left side and that's what caused the stress break.

    So here recently our employer changed the background company they use to run backgrounds on employees. Yes I did make a false statement on my application when I was hired. I checked the box for a diploma and I actually didn't have one. So when I found out they were running checks again I decided to go get my diploma asap. I went online and found this school, took a proctored online test and long story short they sent me a diploma.

    So when the company asked me about mine I gladly turned it in. They came back and said the background company could not find me and wanted to know the GED code. They said I could call and get it. Upon my search for the number I came up with some bad news. The school was closed by the FTC. I have been sick about this all week. I don't know what to do. I feel that I will lose my job as other people have in the same situation. I am at the top in my company and have worked my way up. My credentials out way a diploma any day.

    My foot is still broken and I will lose my insurance. Unemployment will deny me as well for making a false statement on my application. I cant talk to my spouse about this as I am the dependent in the house. I don't know what to do.

    ** Moderator's note - Post broken into paragraphs for easier reading. Many people with MS have visual difficulties that prevent them from reading large blocks of print. **

    #2
    I searched statute of limitations for employment termination for misrepresentation on a job application, but didn't find very much.

    I found this link, and the quote below:

    http://www.bsdd.com/CM/Custom/Defens...sentations.pdf

    "The concept that an employee may properly be dismissed for lying to obtain a job-while neither exceptional nor controversial - does not provide employers with a fool
    proof defense. While in a given case the fact finder may conclude that an employee's lies did warrant dismissal,
    the contrary conclusion is possible. Given an employee's exemplary performance, for example, a jury, judge, or arbitrator might find that there was no just cause for
    termination.
    "

    I'm not defending your misrepresentation, but after 7yrs of service it seems an odd 'move' for an employer to make.

    I can only assume based on recent events, employers are on the spot to avoid potential work place violence, and hope to terminate employees' with a criminal past that were not disclosed or discovered earlier. Could also be the first round of 're-organization' downsizing using a higher level of scrutiny on background checks.

    Have you discussed with your MS doc the 40% loss of rt. side strength, stress break, and effects on your employment, ability to perform your job, work absences, etc.?

    If your job performance was otherwise acceptable or exemplary for 7yrs, as the quote above mentions, it may not provide a fool proof defence for employers to use as the basis for termination of employment. Excessive absences and other health related poor job performance may be of more concern.

    Are you eligible for FMLA protected medical leave of absence? Are you eligible for STD and/or LTD benefits during your exacerbation and recovery? Will your MS doc support a request for FMLA via medical documentation?

    Very best of luck

    Comment


      #3
      Another avenue to consider

      Is it possible (hint, hint) that when answering the form for your employment, it was a simple yes or no check box?

      Might be time to consider asking for ADA accomodations if they're looking at firing you....then claim that you notice cognitive impairments starting back to date of hire: "I said 'yes' but I meant to say 'No' or the form was visually busy and I mischecked the box...."

      Seems to me there is no ethics violation here if until they got word you don't have a diploma, they were satisfied with your work. Letting you go at this point seems petty and unethical in its own right.

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