Dear Readers,

The following is an email that I received from a person with MS.  Can anyone offer help or suggestions for this person? This Reader and myself would like to make everyone aware of what can happen to people with MS, often an invisible disease.

If you have a suggestion, a comment, or a story of your own please email me at: MSBonnie@Sasktel.net

Bonnie

The following is an open email for discussion and is without prejudice

Hi Bonnie,

When I was diagnosed with MS, at first my employer on medical advice, accommodated me with assistance, transfers, and paid leaves as rest, to get correct general office clerical work or performance. 

When that did not work my employer then used financial discipline in the form of "forced" unpaid leaves from 1 to 15 days that I did not ask for.  - in the "hope" it would get correct work with no missed clerical typos, memory problems, or being slow etc. 

When advised medically and asked to consider my MS as cause for any discipline.  It was ignored despite the fact that no medical was testified as given to show my MS was not the cause.  Furthermore I failed all their clerical ability tests.

When the costly disciplines also did not work to cure matters rather than

A) transfer me or use

B) disability leave as before, or

C) retire me -

I was fired as a discipline without notice or severance, a disability plan, or other benefits due my 25 yr service.  I was told to sue for proper redress and offered a pittance to settle. 

I was told too late after the fact, that I should have applied for the disability leave benefits they cancelled by my dismissal, without notice, for inability to perform my work.  I believe that type of reasoning is absurd.  If they thought I was disabled why discipline? Yet I lost on those grounds in the court decision and my inability to perform or of my incompetence.

I also lost when I could not prove, after the fact, that my MS problems (both physical or cognitive) are cyclical and strike unaware, caused my poor performance. 

I have received both medical and legal advice that being treated while ill with MS as

A) fit and

B) able to do any type of work,

and allowed to be judged that way - by not applying the duty in law in the workplace to accommodate a disability - without harm - should be challenged.

It appears to me that a precedent in law has been set in the way courts and others can treat those ill with MS, an incurable unpredictable disability - with discipline to cure matters as if they were fit and healthy employees faking the symptoms. 

It appears that the onus to demonstrate that MS is the cause for supposed negligence, after the fact, can be now on the MS-disabled employee.  Which, of course, in the case of MS can be impossible and also absurd to try to prove

The Canadian MS Society wrote that unless they get legal advice (which can be too costly) they will not intervene or challenge matters.  I always thought they had some donated legal advice on hand to look into this type of problem.  Especially since a harmful may have been set. 

The legal advice I got was free and confidential but I could not use it.  I have all the facts and court documents.  The employer is very powerful and it seems no one will cross them. 

Perhaps a short book should be written, any advice is appreciated.  I think it should never be too late to set matters right with the truth. 

Thanks,  Laurie

Note from Bonnie,

Could this happen to you?  Could this happen to your family members?  Could this happen to your friends?

Has this happened to you or someone who you know?

Please give me your stories and opinions on this article.

Bonnie