Q–I was set up to be fired. I was promised a raise upon working for a certain length of time. When it was due, my boss denied ever making the commitment. Then, a week prior to my approved vacation, my boss gave me a new project, saying it had to be completed before I left on vacation. I was not qualified to do the task, so I could not finish it before I was supposed to leave. I went on vacation and, when I returned, he fired me. How do I find a lawyer for this type of problem?
A–You can call your local bar association for a referral, but you may not want to bother unless you’ve got evidence. If an employer says you will be considered for a raise after, say, six months, that is not a promise of a raise. But if you have a letter or memo describing the amount and timing of an upcoming raise, then your boss has violated the agreement. If the promise was made orally you’ll need others to verify it. It does sound like your boss set you up for failure so he could fire you without being challenged, but he didn’t need to do that. In fact, he has the right to fire you for any non-discriminatory reason and can cancel a scheduled vacation as long as the company reimburses you for money lost due to prepaid airline tickets, hotel, etc.
Q–My boss called me into his office to ask me if I was dyslexic and even suggested I seek treatment. I ignored him because I felt it was none of his business. A week later I was fired without warning. I thought learning disabilities were covered under the Americans with Disabilities Act.
A–You probably don’t have a case under the act. To be protected under the ADA, you must notify your employer of your chronic condition or health problem, and you not only didn’t do that but ignored your boss’ attempt to talk about it. Your boss probably brought up a possible learning disability in the first place because of specific types of mistakes you were making (dyslexia is an impairment in the ability to see certain letters and numbers as they appear). But informing an employer of your disability wouldn’t have meant that you would be excused from accurately performing your job duties. An employer is required only to make reasonable accommodation to enable a person to do the job. You have nothing to be ashamed of if you are dyslexic. Ask your physician to refer you to a professional in the field for help.
Q–I dropped out of law school after completing one year and started working temporary jobs just to earn money. I don’t mean to sound like a “job snob” but I don’t want to type other people’s work for the rest of my life. I’d like to go back to school, but I can hardly pay for my food, rent, living expenses and school loans. Any words of wisdom?
A–You need to develop a written plan for career goals with a realistic timetable. Learning is never a waste of time, but you don’t want to approach a formal education with a hit or miss attitude. Call a career counselor (either private or one associated with a university) who will give you a series of tests to help you find the areas best suited to your skills, talents and personality. Then, if you need training to get into a certain field, call schools to see about evening programs where you can take as little as one course at a time. You may then want to get any kind of full-time job (until you finish training in the new field) so you can earn more than you do in temporary positions.
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Problems on the job? Write to Lindsey Novak, At Work, Financial Department, 4th Floor, Chicago Tribune, 435 N. Michigan Ave., Chicago 60611, or, via e-mail: AtWorkbyLN@aol.com. No phone calls, please.
