So, I just need to rant for a minute about what's just happened. It's made me feel fairly disposable as a worker. I work in I.T. support. I help people who can't operate technology with highly complicated issues. I am highly skilled, well trained and I have a diverse set of understanding for technical issues.
Last year I took a new job. The old job was an MSP, or Managed Service Provider; if you don't know what that is; an MSP is the IT department for companies too small to have an IT department. That's the summary. The new company is both an MSP and an ISP as well as just about everything else you can imagine for IT.... hosting webpages, and all the associated nonsense, phones/VoIP, colocation (Datacenter stuff).... everything. Basically, when someone was signed onboard with this employer, we did it all.
Starting out, everything seemed fairly normal, a bit more involved, since we do more than the last company, but nothing too crazy. The part that irked me, is that as MSP, we own a client, we do everything for them, including, but not limited to all their computer/server/network work (which I expected), but also their phones, internet service, hosting, email, etc. everything.... which is a bit more than I expected, but I was managing okay.
In March/April, things changed in my personal life, where I was having to drive my SO to work (she doesn't have her license, and we don't live in a place where she can reliably get a taxi/bus/other transportation), the problem is that her work is 3-11, where I work 9-5, in another city. So I tried to work with my workplace but they wouldn't let go of working from the office, so I ended up on an insane schedule of commuting to the office (over an hour drive each way), then leaving the office at 1PM, to be home for 2PM, to get her to work for 3PM, then GOING BACK TO WORK. I wasn't able to keep up with my workload.... in addition, I'm driving her home at 11, getting home at midnight, then getting up at 5-6AM to get a shower and do it all over again. I couldn't sustain that for any reasonable length of time, and I burned out. My doctor issued a notice to my workplace that I am unable to continue working for the time being, they accepted it and I went on disability as of early may, until now.
Currently, I feel much better, compared to when I was burning out in April, and I feel a lot better about going back. The SO has also been working on getting her license and her own car, so within a few months I won't have to even think about whether she can get to work or not, since she will have a car and her license to drive herself there. A week or two ago, I contacted my workplace to let them know I was ready to return. We had a few emails back and forth to resolve the matter of the doctors recommendation and disability diagnosis. Once all that was completed, I thought I was ready to go. Big nope.
I got word yesterday that instead of bringing me back, they're laying me off.
So not only did they have the callous attitude to force me to drive to the office and back several times a day to try to maintain a poor life scenario (I asked to WFH, which they absolutely could do, since they did it over COVID without significant issues).... but when I burned out as a result of their ridiculous demands, and took some time off, instead of welcoming me back and holding my position, they filled in the gap while I was out on disability, and laid me off when I was able to return.
I feel so abandoned. I won't complain about "where's the loyalty" because there's never been a time in my career where "loyalty" has ever been something I've felt that my workplace ever gave me; and all evidence I've seen says that companies have zero loyalty to anyone. Maybe one day in the past that was true, but it's definitely not been true for the entirety of my working career; but here I am, a highly skilled individual, with specific skills that will absolutely help the company succeed, that they know I have, that they're just going to throw away... and for what?
The excuse they gave me was financial downsizing, but it's a company of about 12-18 people, so it's not like my job was part of a larger dismissal of people, they've lost, laid off, or otherwise shed employees at a very slow rate. Some of my (now former) coworkers have said that several people who have voluntarily left their positions, have been replaced during my time away; but me? no. Apparently my knowledge isn't worth enough to them.
I'm currently on the hunt for a new employer. IMO, these guys are fools to throw away everything I know. The only challenge I face right now is finding someone who will see my value. IT support jobs are usually underpaid in my local area, and too many companies are going return to office and I'm not easily able to find remote (WFH) type employment. The jobs are there, but it's hard to find one that's worth my time. The core issue IMO, with the low pay, is that it's a non-union position, but if I can find a union job, I'm all in.
Wish me luck!
Did you check with an employment attorney? Sounds illegal.
Sounds about right. There's a reason he needed to get that doctors note. Disability discrimination seems plausible.
The doctors note said little more than (I'm paraphrasing) $employee can return to work as they have recovered from the disability. X, y, and z would still be beneficial to $employee whenever possible.
That last bit was mostly about doing whatever is possible to prevent it from happening again, and little more than a suggestion for the exact kind of environment you should find in an office.
If someone were to give it 30s of analysis, it basically reads that I'm good to go and I can work in a normal office environment.
I am disabled. I have an executive function disorder. I have been working on it and continue to work on it with several healthcare professionals so that I can function normally (as expected) relative to everyone else. I take on the responsibility of making sure I can keep up with everyone and little, if any, burden put on others to make accommodations for me. My doctor knows this and worded the note accordingly.
I just want to work.
Ironic that I'm saying that.... As a millennial.
I understand that you wish to just get on with it, And I am very impressed with your attitude even with your issues. However you cannot think of yourself as a burden to make accomedations for. I'm NAL(Not a lawyer) but here in England it would be descriminatory not to make concessions and to judge you based on that. Even if they kicked you off and you just want to get on with it, you still need compensation for unfair dismissal. Which is the time you spend without work unexpectedly due to their discriminatory practices.
You should definitely speak to professional.
Thank you, I will take this under advisement.
I truly appreciate you. Have a wonderful day.
I want to update you specifically. I have a friend who is a paralegal, whom I have been speaking to throughout this matter, and through the course of our discussions I noted that in my department there has been three people, myself and two others prior to disability, for a bit during my disability there would have been two people in the department. However, I recently had just cause to return to the office to retrieve something that cannot be out of my possession, and excluding me, there were and currently are, three people in my department, there was a new person hired during my absence.
They rightly pointed out that it appears as though I was replaced.
I will be discussing this further with an attorney. I don't want to say any more than this until after all matters have been legally resolved. What I will say, is that to my understanding of the laws here, and the understanding that my friend has, it is not legal to dismiss an employee without appropriate compensation, while they are away on leave, whether medical, disability or otherwise.
I have taken steps to retain council on this already. Thank you for your advice. I appreciate you very much.
This is also my understanding. Thanks for the update and good luck 🤞
If in the US, generally that would be an FMLA issue. But given the size of the company, FMLA doesn't apply. As I recall, it only applies to companies bigger than 25 or 50 employees. I used to work for a small MSP, and we had about 20 employees. I had no guarantee of any parental leave when my kid was born, so I had to work remotely and take PTO to cover my time off. It was not how I wanted it to go.
I'm in Canada, and with the exception of some healthcare and related things (like parental leave), we're very similar in employment laws at a high level. I still plan to inquire about it with an attorney, but I'm not exactly hopeful that will result in something.
Speaking to some people who know the system better than I do, locally, they've informed me that our government employment insurance system (which has been covering me financially since I became "disabled", may launch an inquiry, since it's very legally dubious that a company doesn't take back a worker after a disability).... based on the results of that inquiry, I may have legal options..... that's a lot of if's, and relying on others to do their jobs and results of these things being in my favor. At present, I'm apt to leave it be, but I will pursue it if advisors say otherwise. I will be seeking official legal advice on the matter at some point in the near future. I can't and won't promise any specific action because I don't have all the information required for the matter; in my mind it could go either way. what I can promise is that I'll be looking into it. I don't know that I will update anything in any meaningful way to relay the results here, but it will be examined as an option.
What's important to note, is that this is a layoff. A layoff is different than firing (termination of employment), you still don't have a job at the end of the day, but a layoff is more along the lines of "we are currently unable to fulfill the requirements of employing you", which opens the option of employment later if the conditions change on the companies side of things. I'm still unemployed at the moment, so I'll see what happens, I don't officially come off disability until the end of the month, and I don't report that to employment insurance for a few weeks yet; but I may give them a call on Monday just to inform them of the change, which may accelerate the process. Regardless, I don't want to force them to employ me, since that's usually a recipe to have them seek out any/all infractions and reprimand me whenever possible to justify firing me with cause, which would be worse for me overall; EI here only covers job loss where there is no fault of your own contributing to the loss. If you are fired with cause, then you're on your own. While EI doesn't provide enough income to sustain myself properly, it's something, which is more than nothing.
I have a friend who is a paralegal, and while her opinion does not constitute legal advice, she thinks I should talk to an employment lawyer as well.... I'm seriously considering it, but at the moment I'm biding my time a little bit as I still have personal effects at the workplace that I would like to recover before pursuing any action that could sour the relationship between that employer and me (from their perspective) any more than it may already be soured.
I resisted the urge to make the comment "laying someone off after they recover from a disability? That's awfully brave of you."
I don't think that would have gone over particularly well with them. Needless to say, my first priorities are to find reliable employment and recover my belongings. I'll consider it further when that is accomplished. Lucky for me, I had previously been given the name of someone who is exactly this kind of lawyer by someone I worked with. Let me paraphrase them by saying, it's not the first time, and probably won't be the last.
I feel like it's unfortunate since I actually liked the people I worked with. I didn't care for management, but bluntly, most management rubs me the wrong way, so no love lost there... But they had some really great people working there that I genuinely enjoyed working with. Oh well. Life goes on.