OK here is the deal. I had been employed at a security firm for 2 years. I was just fired for sleeping at work. I had been working the night shift (3rd shift). Here is my deal. I was involved in an injury a few years ago. I have been seeing medical professionals almost continually since then and I require neck surgery. THIS IS ALL Documented. I need to have an operation to repair damage to my neck and spine, that cause me to have severe numbness in 1 arm and loss of feeling. I have not yet had the operation because its extremely expensive and my settlement amount will not make a dent in it. I have been on some prescriptions that cause drowsiness. I have been on these for about a year. I have seen neurologists and neurosurgeons and I need the operation, however for now the medicines help a bit with relieving the severity of the symptoms. OK, well I work 3rd shift and its DEAD there! We have NOTHING to do security wise except monitor things and it can be hard to stay awake. I have had to miss a few days in the last year b/c of these injuries. I got in trouble 1 time last year for dozing off and I explained my situation to my boss at that time and he said “well if u cant get it under control, we might have to switch u to a day shift or another site”. He seemed to be willing to work with me and I told him that was fine. I even got a prescription for a stimulant to help keep me more alert. So i am taking the medicine that causes me to be drowsy and then taking a stimulant to try to offset the drowsiness. I kep the boss aware of this and when I found out about the surgery, I let them know, in writing that I would have to have an operation in the next few months and id miss 6-12 weeks of work.
OK I am sorry for going on and on. Anyhow, so I was let go for falling asleep at work this week. BUT i suspect otherwise. WHY???
1. the company is having to redo the contract and cut the # of security in 1/2! they put out info about this, 3 weeks before they canned me.
2. my boss was telling other employees for a month that he was going to get rid of me FIRST ONE GONE!
3. i assume, that with me needing 6-12 weeks off sometime soon, he wanted to cut the losses now, instead of when personnel was much less and i was harder to cover for!
4. He NEVER gave me the chance to switch to another site or shift, DESPITE the fact that he stated that as a solution when this happened before and I expressed to him that i would prefer to do so.
So that is where i am at. I applied for benefits and was denied b/c they said i was fired for misconduct.
BUT my question is, if i have a serious documented need for surgery and the medicines cause drowsiness, can i appeal and win?
i mean i did EVERYTHING in my power. I kept them informed (IN WRITING with proof) about this, i took a stimulant to try to be more alert, and I was even willing to switch shifts or job sites but they still fired me
so what do i do??
PS its not relevant, BUT the day i was fired, i was not actually even sleeping! they have bad/grainy cameras, which show me with my feet propped up and i was STRUGGLING with keeping awake, but i was still awake! and not asleep!
PSS question also, the Tape which they claim shows me sleeping (when i wasnt) has NO DATE AND TIME STAMP on it, so can i argue against admissability??? this could have been from 2 years ago?
please advise