ADD Forums - Attention Deficit Hyperactivity Disorder Support and Information Resources Community  

Go Back   ADD Forums - Attention Deficit Hyperactivity Disorder Support and Information Resources Community > TREATMENT & MANAGEMENT > Advocacy, Coaching, Counseling and Practitioner Referrals > Legislation/Laws pertaining to ADD/ADHD
Register Blogs FAQ Chat Members List Calendar Donate Gallery Arcade Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 05-20-12, 09:34 AM
jace49's Avatar
jace49 jace49 is offline
ADDvanced Member
 

Join Date: Sep 2011
Location: Jersey Shore,NJ USA
Posts: 187
Blog Entries: 1
Thanks: 1
Thanked 155 Times in 87 Posts
jace49 is a jewel in the roughjace49 is a jewel in the roughjace49 is a jewel in the rough
Donít let disability excuse worker misconduct( Article)

by THE HR SPECIALIST: NORTH CAROLINA EMPLOYMENT LAW on MAY 20, 2012 1:00AM
in DISCRIMINATION AND HARASSMENT,HUMAN RESOURCES


Disabled employees sometimes try to use their medical conditions as an excuse for poor behavior. Donít fall for it.

Disability canít be used to avoid discipline for misconduct.

Recent case: Yvett Rudolph had experience working for the state of Louisiana, where she assessed eligibility for food stamps and other social welfare programs. She moved to North Carolina and took a similar job with the Buncombe County *government.

Rudolph had been diagnosed with adult attention deficit hyperactivity disorder (ADHD) and took Adderall, a prescription drug, for the condition. She told her new employer about her condition up front, before she was hired.

Rudolph had problems almost immediately because she used procedures from her old job in Louisiana, instead of the usual North Carolina processes.

Then she was caught violating a confidentiality rule while trying to determine if a man was eligible for welfare benefits. She had to figure out whether he was receiving money from his wife and if she was part of his household, or whether they were separated, as he claimed.

Instead of following North Carolina rules that required her to send a form for the client to fill out, she took it upon herself to call his wife directly. In doing so, she revealed that the man had applied for welfare benefits, violating state confidentiality rules. Rudolph was terminated for misconduct.

She sued, alleging that her disability made it hard for her to learn new processes and instead had to rely on old habits.

The court said that excuse didnít cut it. She knew the rules were different in North Carolina and therefore committed misconduct when she ignored them. Her disability was irrelevant. The case was dismissed. (Rudolph v. Buncombe County Government, et al., No. 1-10-CV-203, WD NC, 2012)

http://www.businessmanagementdaily.c...ker-misconduct
Reply With Quote
  #2  
Old 05-20-12, 09:44 AM
ginniebean's Avatar
ginniebean ginniebean is offline
ADDvanced Forum ADDvocate
 

Join Date: Nov 2008
Location: Canada
Posts: 11,786
Blog Entries: 27
Thanks: 22,964
Thanked 21,938 Times in 7,993 Posts
ginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Foip is a big rule. Nowhere can foip be violated and they totally have a point.
Reply With Quote
The Following User Says Thank You to ginniebean For This Useful Post:
Dizfriz (05-20-12)
  #3  
Old 05-20-12, 11:45 AM
kilted_scotsman kilted_scotsman is offline
ADDvanced Forum ADDvocate
 

Join Date: Feb 2007
Location: Scotland
Posts: 4,032
Thanks: 91
Thanked 6,054 Times in 2,509 Posts
kilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond reputekilted_scotsman has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Court got that one right....

Kinda thing that gets ADDers a bad name.

kilted
Reply With Quote
The Following User Says Thank You to kilted_scotsman For This Useful Post:
ginniebean (05-20-12)
Sponsored Links
  #4  
Old 05-20-12, 01:20 PM
salleh's Avatar
salleh salleh is offline
ADDvanced Forum ADDvocate
 

Join Date: Feb 2010
Location: Emeryville, Ca/St. Joseph, Mi
Posts: 4,841
Thanks: 9,786
Thanked 8,349 Times in 3,313 Posts
salleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond reputesalleh has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

umh ....what it foip ? ....and yah ....I don't see her mistake as being related to ADHD anyway .....it's not all that hard to figure out that different states would have different laws and violating confidentiality of a client is a giant no-no at any time.....


ADHD doesn't mean you get to go through life ignoring the rules when it suits you ....and that's what it sounds like to me ....


not an ADD type of goof up.....
__________________
What a long strange trip it's been.........

....This isn't life in the fast lane, it's life in the oncoming traffic lane"
Terry Pratchett

....If you're going through hell, ......keep going.....
Reply With Quote
  #5  
Old 05-20-12, 02:25 PM
Retromancer Retromancer is offline
Committee of One
 

Join Date: Jan 2008
Location: Rain City, Cascadia
Posts: 3,372
Thanks: 1,585
Thanked 4,156 Times in 1,774 Posts
Retromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

I concur with what has been said -- but I still hope the state doesn't fight her unemployment. I do know what it's like to have a shredded resume and no unemployment benefits. She is going to have trouble working anywhere in the social service field again.
__________________
"Disobedience, in the eyes of anyone who has read history, is
man's original virtue. It is through disobedience and rebellion
that progress has been made."
-- Oscar Wilde
Reply With Quote
The Following User Says Thank You to Retromancer For This Useful Post:
Abi (05-20-12)
  #6  
Old 05-20-12, 02:31 PM
trishcan trishcan is offline
ADDvanced Forum ADDvocate
 

Join Date: Sep 2009
Location: Nebraska
Posts: 3,241
Thanks: 1,112
Thanked 4,334 Times in 2,020 Posts
trishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Although I agree that there's not much one can say that would excuse violating anyone's right to confidentiality, I guess I'm wondering... is she saying that Louisiana doesn't have the same confidentiality provisions? That a phone call to a spouse would be acceptable? If so, then I do have trouble seeing why she's being vilified for her actions.

Has no one else ever faced a new situation and defaulted to doing what you're accustomed to doing?

I'm sure she was trained on their confidentiality provisions, but I'm also sure she was trained on quite literally thousands of other differences in the way eligibility is determined and applications are processed in a different state. Should she really have been expected to remember each and every one of those things 100% of the time?
__________________
"Everyone wants to be a perpetual motion machine / we all try harder as the days run out"
Reply With Quote
The Following 2 Users Say Thank You to trishcan For This Useful Post:
4rch0n4n6313 (07-29-15), Abi (05-20-12)
  #7  
Old 05-20-12, 03:32 PM
Retromancer Retromancer is offline
Committee of One
 

Join Date: Jan 2008
Location: Rain City, Cascadia
Posts: 3,372
Thanks: 1,585
Thanked 4,156 Times in 1,774 Posts
Retromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Why do I have the suspicion that the management were waiting for her to screw up?

Quote:
Originally Posted by jace49 View Post
Rudolph had problems almost immediately because she used procedures from her old job in Louisiana, instead of the usual North Carolina processes.

Then she was caught violating a confidentiality rule while trying to determine if a man was eligible for welfare benefits. She had to figure out whether he was receiving money from his wife and if she was part of his household, or whether they were separated, as he claimed.
Oh yeah because something similar happened to me. That's why.
__________________
"Disobedience, in the eyes of anyone who has read history, is
man's original virtue. It is through disobedience and rebellion
that progress has been made."
-- Oscar Wilde
Reply With Quote
The Following 4 Users Say Thank You to Retromancer For This Useful Post:
4rch0n4n6313 (07-29-15), Abi (05-20-12), ginniebean (05-20-12), ItsaRose (05-27-17)
  #8  
Old 05-20-12, 05:36 PM
ginniebean's Avatar
ginniebean ginniebean is offline
ADDvanced Forum ADDvocate
 

Join Date: Nov 2008
Location: Canada
Posts: 11,786
Blog Entries: 27
Thanks: 22,964
Thanked 21,938 Times in 7,993 Posts
ginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Oh it does sound like they were looking for a way to get her, for sure. What I don't get is why people would mention their diagnosis, that does not need to be disclosed, just that you have a disability and here are the accommodations that would help me do my job. When co-workers and management know the disability they have a lot they can target/exploit.
Reply With Quote
The Following 4 Users Say Thank You to ginniebean For This Useful Post:
4rch0n4n6313 (07-29-15), Abi (05-20-12), ItsaRose (05-27-17), someothertime (07-29-15)
  #9  
Old 05-20-12, 06:23 PM
trishcan trishcan is offline
ADDvanced Forum ADDvocate
 

Join Date: Sep 2009
Location: Nebraska
Posts: 3,241
Thanks: 1,112
Thanked 4,334 Times in 2,020 Posts
trishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond reputetrishcan has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Quote:
Originally Posted by ginniebean View Post
What I don't get is why people would mention their diagnosis, that does not need to be disclosed, just that you have a disability and here are the accommodations that would help me do my job. When co-workers and management know the disability they have a lot they can target/exploit.
Because no one tells adults how they're expected to go about the process, other than "do it" or "don't do it." How many of us actually know our rights under the ADA?
__________________
"Everyone wants to be a perpetual motion machine / we all try harder as the days run out"
Reply With Quote
The Following 2 Users Say Thank You to trishcan For This Useful Post:
ItsaRose (05-27-17), Melissashai (05-20-12)
  #10  
Old 05-20-12, 05:37 PM
sarahsweets's Avatar
sarahsweets sarahsweets is offline
Mod-A-holic
 

Join Date: Mar 2011
Location: nj, usa
Posts: 28,605
Thanks: 5,798
Thanked 33,083 Times in 15,343 Posts
sarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond reputesarahsweets has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

I wonder if they went for her in the dark of night with torches?
__________________
President of the No F's given society.

I carried a watermelon?
Reply With Quote
  #11  
Old 05-20-12, 07:15 PM
ginniebean's Avatar
ginniebean ginniebean is offline
ADDvanced Forum ADDvocate
 

Join Date: Nov 2008
Location: Canada
Posts: 11,786
Blog Entries: 27
Thanks: 22,964
Thanked 21,938 Times in 7,993 Posts
ginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond reputeginniebean has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

http://nc.findacase.com/research/wfr...589.WNC.htm/qx

The actual case, a bit different than how it was reported.
Reply With Quote
The Following 4 Users Say Thank You to ginniebean For This Useful Post:
20thcenturyfox (10-17-16), ItsaRose (05-27-17), namazu (07-29-15), purpleToes (05-21-12)
  #12  
Old 05-20-12, 07:59 PM
Retromancer Retromancer is offline
Committee of One
 

Join Date: Jan 2008
Location: Rain City, Cascadia
Posts: 3,372
Thanks: 1,585
Thanked 4,156 Times in 1,774 Posts
Retromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Reading through it at the moment. Four insights come to mind reading it:

1) The plaintiff really, really needed legal advice.

2) The management were looking for a pretext to fire her -- and she duly gave it to them.

3) I need to be tested for audio processing disorder.

4) Forget about asking for an accommodation for AD(H)D.


Quote:
Originally Posted by ginniebean View Post
http://nc.findacase.com/research/wfr...589.WNC.htm/qx

The actual case, a bit different than how it was reported.
__________________
"Disobedience, in the eyes of anyone who has read history, is
man's original virtue. It is through disobedience and rebellion
that progress has been made."
-- Oscar Wilde
Reply With Quote
The Following 4 Users Say Thank You to Retromancer For This Useful Post:
4rch0n4n6313 (07-29-15), ginniebean (05-20-12), ItsaRose (05-27-17), namazu (07-29-15)
  #13  
Old 05-20-12, 08:09 PM
silivrentoliel's Avatar
silivrentoliel silivrentoliel is offline
ADDvanced Forum ADDvocate
 

Join Date: Mar 2012
Location: the end of the road
Posts: 5,833
Blog Entries: 2
Thanks: 4,946
Thanked 6,302 Times in 3,471 Posts
silivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

I couldn't read all of it... but I did notice that she had issues submitting some kind of paperwork... first it was late, then too long, then late, then just barely accepted. I don't know if she had help or not, but if she did, they needed to be fired.
__________________
dx: ADHD (1987), GAD (2012), Depression (2013), Cyclothymia (2013), & OSA (2014)

Follow ADDForums on Twitter & Facebook
Reply With Quote
The Following User Says Thank You to silivrentoliel For This Useful Post:
ginniebean (05-20-12)
  #14  
Old 05-20-12, 08:17 PM
Retromancer Retromancer is offline
Committee of One
 

Join Date: Jan 2008
Location: Rain City, Cascadia
Posts: 3,372
Thanks: 1,585
Thanked 4,156 Times in 1,774 Posts
Retromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond reputeRetromancer has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

'Pro se' means advocating for oneself in court, as versus being represented by a lawyer. At the least she needed legal advice for her initial complaint.

Quote:
Originally Posted by silivrentoliel View Post
I couldn't read all of it... but I did notice that she had issues submitting some kind of paperwork... first it was late, then too long, then late, then just barely accepted. I don't know if she had help or not, but if she did, they needed to be fired.
__________________
"Disobedience, in the eyes of anyone who has read history, is
man's original virtue. It is through disobedience and rebellion
that progress has been made."
-- Oscar Wilde
Reply With Quote
The Following 3 Users Say Thank You to Retromancer For This Useful Post:
ginniebean (05-20-12), ItsaRose (05-27-17), namazu (07-29-15)
  #15  
Old 05-20-12, 08:18 PM
silivrentoliel's Avatar
silivrentoliel silivrentoliel is offline
ADDvanced Forum ADDvocate
 

Join Date: Mar 2012
Location: the end of the road
Posts: 5,833
Blog Entries: 2
Thanks: 4,946
Thanked 6,302 Times in 3,471 Posts
silivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond reputesilivrentoliel has a reputation beyond repute
Re: Donít let disability excuse worker misconduct( Article)

Quote:
Originally Posted by Retromancer View Post
'Pro se' means advocating for oneself in court, as versus being represented by a lawyer. At the least she needed legal advice for her initial complaint.
Ah. Don't even remember reading that part. Makes more sense. Not real smart on her part
__________________
dx: ADHD (1987), GAD (2012), Depression (2013), Cyclothymia (2013), & OSA (2014)

Follow ADDForums on Twitter & Facebook
Reply With Quote
The Following User Says Thank You to silivrentoliel For This Useful Post:
ginniebean (05-20-12)
Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
That 'badly behaved' child may actually have disability jace49 General Parenting Issues 0 02-05-12 01:28 PM
Receiving Disability and SSI for Bipolar Disorder Andi Bipolar 2 08-27-11 06:29 PM
Commitment, Responsibility and Compromise paulbf Relationships & Social Issues 9 05-21-04 12:20 PM


All times are GMT -4. The time now is 11:07 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
(c) 2003 - 2015 ADD Forums