Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Did you respond in a negative way to this person's attempts to continue the conversation? Did you let them know as you were leaving that you were leaving due to this medical issue?
I said leave it alone and I tried to leave. No I did not say I was not felling well
Yes he was yelling so I yelled back
Are there any written policies at the Medical Center that pertain to discipline, notice, hearing, etc...?
No only a union contract. That states 24 hour notice unless aggregious
egregious and that I am allowed union representation.
Representation at this appointment, you mean?
Yes, but I am off work with no pay so far. I was eating during the meeting that proceeded the altercation in an attempt to get my blood sugar up. It is well known that I have diabetes. I was clocked out and tried to leave. I don't even remember the argument. It's like I wasn't there. I just remember telling him to leave it alone, he wouldn't and then responding to his barrage of comments. He was raising his voice so I raised mine because he was a man standing less the 2 feet in front of me. I was light headed, my sugar was so low and the reaction was anger because I was so off center. My eyes even hurt. I had to pull over on the way home because I felt as if I was going to have a stroke.
Were there witnesses to this occurrence?
Yes but I think what they will say is that I was yelling which I was but I was so out of it. I don't remember
Thank you. You should certainly have representation at this meeting, and try to communicate through this representative. Of course you should give your side of the story, communicating everything that you remember, and try to make it as "play by play" as possible. But of course at some point in the story, you're going to not remember what was said and done, and that's the point in the story where you raised your voice. At this point there's no benefit in staying quiet or not telling your side of the story. You should not be apologetic, and maintain that you took every reasonable step under the circumstances and given your history with diabetes. You ate, trying to up your blood sugar, and when that didn't work, you tried to leave so that you would not be a danger to yourself or others, and this individual would not let you leave.
Make certain that when you talk to them, request "reasonable accommodations" in light of your "disability" here. Use those words, as they are the key words for the Americans with Disabilities Act (ADA) and would put them on notice that you're considering your legal options should they take action against you.
It will make them less likely (although won't remove the possibility) to take adverse action against you.
And you should certainly have your union representation with you, constantly checking with that individual, etc... Be kind, gentle, deferential, but also firm in your position and subtlety affirming your rights. Don't go out and say that you will sue them if they terminate you, etc... but use the words "reasonable accommodations" for your "disability" and that you think that they're required by law to do so, etc...
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Did you have any other questions before you rate this answer?
Should I continue to await your response, or may I assist the other customers that are waiting?
One more thing, I don't know 100% that this is the issue I am being reprimanded for. I was not told anything. I am just assuming because this happened. As far as I know I didn
didn't do anything else.
Should I write a statement before going? Do I write a statement there? How do I deal with the fact that they did not give me any information but are conducting some kind of investigation against me? From a legal stand point?
Having everything written out before hand would be a good idea so that your union rep can review it before the meeting. As for the investigation, so long as they give you an opportunity to be heard after being informed of the accusations (even if that opportunity is immediately after being informed) that would suffice unless there was a specific requirement for notice regarding the nature of the investigation. If there's only notice regarding the meeting but not the nature, there's not going to be any recourse regarding that aspect. So that's why you should go prepared.
What about keeping me off work without pay without telling me why?
How do I prepare if I don't know?
Certainly prepare based upon your best guess (this incident that you told me about).
As for keeping you off work, that's up to the actual bargaining agreement and any policies in place, but without something to the contrary, they can suspend you without pay and without a reason.
The only thing that would change that would be a specific provision in the bargaining agreement or any employment policies otherwise.
So do you think I have a chance with my diabetes episode? Or am I done (terminated)? Do I have any recourse regarding this?
Again, if your bargaining agreement gives you additional rights, you might have some recourse. It's hard to say whether you're "done", but I think that based upon the fact that you have a good excuse and they might have potential liability (long shot, but possible) if they take adverse action against you with knowledge of your disability, they open themselves up to a discrimination claim.
They might try to avoid that, especially if they feel that you might file against them.
ok Thank you very much for your time and your responses. I think you have given me my answers. Thank you again.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
Ok I will rate you. Thank you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).