Expert: Dr Billy Levin - 8/20/2007

Question
QUESTION: My son turned 17 a few weeks ago.  He was diagnosed with ADHD in 3rd grade.  He's been on several types of medications and is now on Adderall 20 mg.  He was taking Zyprexa but is now on Lamictal for depression/anxiety.

He had a job at a grocery store for a year and recently was fired.  He had a problem keeping track of his hours, even if he wrote them down he'd lose the paper. I'd write it on our family's calendar but I found out from speaking with the night manager (whom I know from being a customer for 10 years) that my son would arrive after he was scheduled.  My son would insist he was to be there at 12:30 when it was 12, that type of thing although he usually was on time.  It didn't happen a lot but it happened a few times.  He also had trouble with being late 5, 10 min.  A lot was organizational (lack of) and some was he was doing other things and didn't want to stop or lost track of time (inattention).  He received what they call a Step 3 because he was late and said if he was late again, there was the chance he could be fired although it didn't mean he necessarily would be.  From when he received that Step 3 to when he was fired he was never late (2 mos.).

I would go into his work to verify his work times from time to time, trying to stay up on it. I always encouraged him to write his hours down.  Sometimes he would, sometimes he wouldn't.  This particular week there was a manager covering for the night manager and he wrote down he was to be there at 11:15-3 on Sat.  My son punched in at 11:15.  He was sent home without pay.  A week later they fired him.  The store said he was allowed 10 min.  I did call and say I was told 11:15, got a note stating that and it didn't seem to matter to them.

I was told the Thurs. before he was fired by the night manager that he was NOT going to be fired.  I explained that the covering manager had written down 11:15.  The store is aware he has ADHD.  My son would come in several times/week to check on his hours, he just couldn't remember them.  He couldn't remember to look at the paper or the calendar I'd write them down on.  

The store said that when he applied he said he could perform the tasks without accommodation and should have told them he had ADHD.  Is this true? I didn't think someone had to reveal a disability and they couldn't be discriminated against.  We're talking bagger, front end employee here, too!  Not a rocket scientist.  

Since my son received his first Step 3 he hasn't been late once.  He was doing a good job at keeping track of his hours until that day when he arrived as told but the store said he was scheduled for 11 according to their board.  Well, the note I got since I wasn't allowed to look at the posted hours, said 11:15.  The manager made a mistake.  As a result my son lost his job.  Not to say there wasn't a history of lateness but that was the specific reason.  He was late THAT day.

This job was crucial to my son, he made friends, was respected, had started to develop social maturity.  He saved over $1000 in a year after buying his own computer, mp3 player and cell phone with his money. He saved half of what he made, that was my rule and he developed a good habit as a result.

He's been very depressed.  Not wanting to look for another job.  I'm wondering how I go about finding out if he was legally fired.  You can tell I'm distraught about this.

I can also say there were no problems with his work performance.  The manager said he was an excellent worker.  He went in just about anytime he was asked to come in for someone else.

I think when they were told about the ADHD (and the fact he has a 504 plan) that that's when they decided to fire him.

Can you advise me what someone's rights are when they have a 504 plan as related to work?

ANSWER: You have given me a very long description of ADHD. Everything you have said,suggests ADHD not being treated or ineffectively treated.
Neither Zyperxia nor Lamictal is used for depression. Hoewever neglected ADHD will result in depression and needs an antidepressant! Adderal  only works for a short time and does not cover a full day. Adderal XR works for a longer time. Which is he on because using only Addeeal is not enough! How is the size of his dose being determined. Only an optimal dose works well. From your desctiption his dose is not lasting a day or might be too little. Concord Special Education Parent Advisory Committee Section 504 What is a 504 Plan? It is a plan designed to accommodate the unique needs of an individual with a disability. However  the 504 cannot be asked to cope with ineffective medical treatment. Success depends on effective, monitored medical treatment and councilling Perhaps a friendly talk to the prescribing doctor might be necessary.

---------- FOLLOW-UP ----------

QUESTION: Thanks for your response.  His psychiatrist said he was bipolar and that the zyprexa and now lamictal would help with mood swings and anxiety.  He was on the Adderall XR and I know the Adderall he's on now (20mg) only lasts for about 6 hrs.  I am SO frustrated and it hurts to see my son hurting.  

How do I find out information about how a 504 plan helps people in a work situation or if it does nothing?  

Is my son supposed to tell everyone he has ADHD when he applies for jobs?  or for colleges?  I didn't think he needed to and he doesn't want to.  He's comfortable with the diagnosis although he wishes it was different.

Thanks for your response.

Answer
If I may repeat myself, Adderall on its`own will probably not be enough with regard to duration and the dose is probably also too little. For two reasons it is thus obviously not working well enough. Nobody needs to disclose his medical condition, but if you want to have the advantage of 504, you have to divulvge. 504 is intended for a person to have certain privileges because of a disability.
Thus you have to notify if you hope to get recognition and allowlences. If his treatment was  more effective he might not need 504!