When Your Boss Doesn't Get It

[DestinyLeah]

I work in a bakery. My boss has every contact number imaginable, all my medical info for an emergency, and requires me to wear a medical ID tag and a face mask every day, as well as wash my hands and change before eating or leaving the store.

Today I accidentally got gluten poisoning from "corn tortillas" that were actually mostly wheat flour. The mistake was noticed too late by the restaurant where I ate, and I am now bloated, covered in an itchy rash, and unable to eat. I told my boss I would be out tomorrow, and he said that if I do not go to the hospital and get a note saying I was in such a condition that I needed their supervision and care, I would be fired because tomorrow there is a huge group coming into the store, and it will be a busy day.

I called my doctor as soon as I realized what had happened, and she said that unless I got uncontrollable symptoms or stayed lethargic/nauseated/rashy for more than two days, I should be fine, and to take tomorrow off and take it easy.

Is my boss really allowed to fire me for a reaction to gluten based on the inconvenient timing?!

[Generic]

Look into the americans with disabilities act, it may have some info that could help you.

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[gfp]

Is my boss really allowed to fire me for a reaction to gluten based on the inconvenient timing?!

Yes and No.... unless you have a contract say's otherwise your boss can fire you anytime and doesn't need a reason.

If he chooses to give a reason as your having celiac disease then you can contest that...since then it is due to a disability.

The fact he is giving you warning would seem to indicate he doesn't want to fire you..

Please try and read this all through I am giving his perspective first....

How you choose to act is up to you.... but it could be he is just trying to keep a business afloat that pay's you and him and others salary.

My ex-'s sister had a perhaps analogous situation... when she got pregnant she used the UK system to the full and got 6 months paid time off paid for by her employer who also had to hire a temp to fill-in ...

She worked for a small company ... after the 6 months she managed to extend it and then got pregnant again and took another 6 months...

She has every legal right to keep doing this... however she doesn't have a job to go back top because the company went broke.

So now she and everyone else who workled there doesn't have a job... the expense of paying for two people to do the one job certainly didn't help the company survive..(They only had 6 employees anyway)

Rather sadly she didn't need the job at all. She only made 1/10th or less of her husbands salary and the money really made very little difference to them, some of her coworkers however... did need the job.

She is however very bitter she doesn't have her job anymore... which to me is illogical since she is partly responsible perhaps largely repsonsible for the business going broke in the 1st place.

When she chose her course of action which was to exploit every piece of legislation, take her husband's advice (who qualifed as a lawyer but works as an exec.) on how to screw evert last penny from the company she set sometihng in place.

Legally she was to the letter, it didn't stop the business going broke though. Its surprising how narrow the margins are for running this kind of business.

I frequently hear this for my girlfriend who does bar work... she tots up the till and then say's he's making a fortune... he can afford to pay us more... except of course the bar has to pay salaries, taxes and 101 other costs ...

You might consider that this is at least partly the concern of the bakery owner. At the end of the day if he doesn't make enough money you just loose your job, he looses a business...

You have really made an effort .. you telephoned and gave warning... giving him the chance to get someone else...

If you want to keep working there though I think bringing up the disabilities act is just inflamatory...

You can bring it up and then he will be sure your the type of employee he doesn't need working for him. So from that time he can just look for things he can use to justify firing you not related to it..?

I'd try and broach it very gently.... point out you just suffered an accident... that you then made every effort to let him know ASAP. Would he have insisted on a medical note if you just told him you had very bad "womens problems" this month?

Perhaps say that him insisting on a medical note is not condicive to your working relationship.... anymore than you bringing up the Americans with disabilities act.

I'm presuming this is a "small" bakery... if you were working for a big company then its different because the people you are dealing with are HR, not necassarily your boss... when its a smal company and the boss is HR/management/Accounting all in one he's likely to do a less than professional job at all of them.... so throwing the act in his face could just blow up???

[Fiddle-Faddle]

You need to:

1) Go back to the restaurant ASAP and get a letter from them, signed by the manager, explaining that you had requested gluten-free food, and that they screwed up. Explain to the manager (nicely, not accusingly or shrilly) that you stand to lose your job because of the effects of the food that they served you.

2) Go to your doctor's office ASAPand get a note from her saying that you called in and that she advised you to take tomorrow off. Many workplaces require a note from the doctor if you have an ongoing condition that results in missed workdays.

Your boss IS allowed to fire you for calling in sick when you are functional. You sound very uncomfortable, but not bedridden or attached to the toilet, and you do not have a viral or bacterial infection, so technically, you are not sick.

Working in a bakery might be constantly glutening you from inhaling flour dust, even with the mask.

Going out to eat is probably not a good idea if you are this sensitive.

Good luck.

[Fiddle-Faddle]

Would he have insisted on a medical note if you just told him you had very bad "womens problems" this month?

Actually, here in the States, "women's problems" are used as an excuse to not hire women. No woman I know would dare complain of the time of the month as an excuse to call in sick. We might as well say that for 1/6 of our worktime, we won't be able show up. Nobody would hire someone who said that.

[miles2go]

How's by you from a former New Orleanian,

I would definitely recommend getting in touch with your local worker's compensation board. It sounds like you have an allergy to wheat along with celiac and since I've been in a position just like yours where I was working in a place that made me sick, it's kind of a nightmare reading your story. My former bosses were also uncompromising and after five years of being horribly sick all the time, I finally made some headway and got relocated to another job. I work for a university, so it was a matter of dealing with HR and EOE that got me to where I am today. There's a threshold that atopic individuals can stand and when it goes beyond that, that's when all heck breaks loose. I am thinking that possibly you are so compromised by working in that gluteny bakery all the time that just one iota of it outside of the workplace is putting you into a danger zone. It's easy to say and I know from experience very difficult to do, but you need to find another job! As for tomorrow, I would suggest doing your best to show up and let them see how miserable you are. Maybe you can work through the busy period and go home after that. Or better yet, get a note from your doctor, but I wouldn't just meekly resign if you can stand it, I'd tough it out as long as possible or best of all possible worlds, go to the competition and get a job that doesn't involve lots of gluteny substance! We aren't allowed in the military and we fall into this gray area of being disabled, but not really and for employers to use that to our disadvantage is frankly unfair. Hope you feel better soon and keep us posted!Best,

Margaret

[miles2go]

P.S. Apologies for the acronymage: HR = Human Resources, of course and EOE = Equal Opportunity Employment, which I see in my university directory has been changed to Equal Opportunity & Diversity, if that helps any...

M.

[Jo.R]

It may also be a legal thing. He must require a Dr. note from every employee when sick, or he can't really ask for one from any employee. That can lead to a lawsuit if he said OK to you, but later required one from another employee because he suspected faking. Sadly those of us who try and do right pay for those who are always looking for a way to beat the system.

[jeanzdyn]

I had a run in with HR at work today.  The HR woman's son has gluten "sensitivity" or allergy or something, but NOT celiac disease.  She tried to tell me that I am being unreasonable!  I said that I cannot eat in restaurants because of cross contamination.  I walked out on her.

I sent her an email and explained that she really does not understand what I am talking about.  I am extremely distressed by this turn of events.   I have been having a lot of issues and I believe that my Celiac disease has gotten much worse in just the last month.  I am forced to travel for work and it's killing me --the stress, the restuarants, the poor nutrition because we change hotels daily and I cannot bring perishable food items with me.