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Thread: help... workplace issues

  1. #1
    Senior Member novanoin's Avatar
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    help... workplace issues

    I'm having an issue with my job. I got called to the HR office and when I went in there were already five people in the office. They proceeded to tell me that I was going on medical leave due to there not being a job available due to the restrictions of my disability and that they don't want to but they may have to inevitably let me go. I have been with the company over 6 years and back to work a year since my injury. They said i could finish out the day. Is this allowed?

    This is a huge medical device manufacturing company that has never laid anyone off. I'm a quality control inspector and a good one. I've only had one reject in a year and in was a quantity incorrect that was caught in the packaging department.

  2. #2
    Did they actually say it was due to your disability?

    Is there any critical aspect of your job that you can no longer do?

    Have you had excessive sick leave?

    Had you had any prior counseling or notice from your boss about not meeting job performance standards since your disability?

    Is this a unionized position/company?

    I would strongly encourage you to file an EEO complaint, and probably you will also need to seek the advice of a labor or disability specialty attorney.

    (KLD)

  3. #3
    Senior Member novanoin's Avatar
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    Yes they did say it was due to the limitation of the restrictions imposed by the doctors due to my disability.

    They said they can only make reasonable accommodations for a limited amount of time. I can't lift more than 5 pounds or carry items due to the wheelchair / forearm crutches (w/kafo braces) combination that I use.

    My rehabilitation doctor does not want me bending or twisting my lower back more than 5 times an hour. I had a really hard time getting the 'safety dept' to lower my desk.

    I haven't had any sick leave since I went back to work after the injury.

    I was advised once about my quantity rate but I improved it rather quickly. I had a meeting with HR right before my return and they decided to move me into a different area to make it easier.


    It is a private company (Cook Medical if you've heard of it)


    Thank you for the advise.

  4. #4
    There is no time limit on accommodations (ADA) and they are required to look at other positions you might fill should you not be able to discharge your duties on current job w accommodations. You can request that state voc rehab become involved. They may be able to provide adaptive equipment to help you retain your job. It seems they have attempted a group intimidation to get you to give up.

  5. #5

    Cool

    .....
    Last edited by Patton57; 12-26-2011 at 12:34 AM.

  6. #6
    Senior Member novanoin's Avatar
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    I called my voc rehab counselor and she said that she will make some phone calls and investigate the issue.

    Do I need to get a hold of some performance reviews or can she do this?


    She also said that if they are going to treat me like this that it maybe a good time to consider going back to school. I have no clue what to study though.

    I'm going to get really bored while on medical leave for my "serious health condition" or so the paper work says. Serious health condition my butt, just because I use a chair or crutches doesn't mean I can't do my job. I need to find something to do but its winter time on the midwest (u.s.) so i dont have a clue on what to do. Last time I had rehab and healing to keep me busy, this time not so much.

  7. #7
    Senior Member ColonusFan's Avatar
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    Dear novanoin,

    If you have short term disability insurance TAKE IT NOW!
    If you are unable to "do the job due to your disability" then you should be able to go from short term disability then long term disability.
    The worst case for you would be to roll over and accept unemployment (significantly lower monetary amount).
    You need to take a proactive position to protect your monetary earnings. Yes there might be a violation of the ADA but would it not be better to get a portion of your paycheck from private Disability Insurance provided by your Employer?
    If you just "roll over and take it" you will be blessed with SSDI and the SSA (the definition of ineptitude)

  8. #8
    Write a certified letter to your company re-stating your willingness and flexibility to work with them and stating that you want and need a job. Then, file a EEOC complaint NOW. The statute of limitations runs out quickly. You can do it yourself, cheap. Just go to the website. Then find a plaintiff's attorney and file a lawsuit for ADA and discrimination, on contingency. You have a winning case.
    In the meantime, start searching for work and DOCUMENT your search. Attend all work interviews. You will need to prove that you have mitigated your damages.
    If you go on disability, you kind of prove that they are right. Go for unemployment instead, and try to find another job. You can pursue vocational rehab AND apply for jobs at the same time. You will show the judge that you are serious about working.
    Also, I don't think you would be happy doing nothing. And being on disability should be a last resort.
    I have BTDT and did very well.

  9. #9
    [QUOTE=ColonusFan;1468433]Dear novanoin,

    If you have short term disability insurance TAKE IT NOW!
    If you are unable to "do the job due to your disability" then you should be able to go from short term disability then long term disability.
    The worst case for you would be to roll over and accept unemployment (significantly lower monetary amount).
    You need to take a proactive position to protect your monetary earnings. Yes there might be a violation of the ADA but would it not be better to get a portion of your paycheck from private Disability Insurance provided by your Employer?
    If you just "roll over and take it" you will be blessed with SSDI and the SSA (the definition of
    Last edited by Cripply; 01-01-2012 at 09:42 PM. Reason: C

  10. #10
    Senior Member novanoin's Avatar
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    Voc Rehab tried to get the company to allow an outside agency to come in and do a workplace evaluation but they wouldn't allow it due to "properitary confidentality of medical devices". I think that the agency that was going to come in was either called Crossroads or Options.

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