Re: question about rights at work

March 16, 2003

Pat, you didn't say, but I suspect from your use of language, you are

in the US. Of course, the laws vary dramatically country to county,

so the answers could be very different.

I was a manager in a large company in the US. I had experience with

some disabled employees. When I had an issue to deal with, the Human

Resources people were always involved.

In the US, in general you do have rights to a procedure for

evaluation, including an appeals procedure within the company. I

suggest you ask the HR person for a copy of policy and procedures

related to this issue. You have a legal right to know what they

are. I don't believe need an attorney at this point. However, I

would strongly suggest you document your conversations, either with

memos to the other party or even to yourself. Even dated handwritten

notes will count as evidence,

You have grievance alternatives through the courts and through the

Equal Opportunity Employment Commission, should it come to that.

I believe you have an issue that should be dealt with up front. If

the list of tasks does not reasonably represent what you actually do,

then you can raise that as an issue right away. Again, I suggest you

document the tasks that you do not believe belong in the job

requirements for the SPECIFIC job that you have. All job

requirements must reasonably represent the actual job and not just a

generic job description for other people with a similar job

classification but different job.

One more thought, you have a right to know if there is

dissatisfaction with any specific area of your job performance. If

you have not been told of anything, I suggest you ask the question in

writing.

Good luck

Fred

> I went to my boss almost five years ago and told him I was

> physically having problems doing my job but was still completing

the

> tasks. I didn't think i would last much longer because I tearing

> myself up doing the work. He was then the Plant Manager were I

work.

> He got with the Vice-pres and human resources man and they offered

> me a straight afternoon job with a list of tasks that did not

> include some of the things I had been doing. More paperwork and lab

> work.

>

> Now the PM of 2 years is asking me to say whether I can do the

tasks

> and gave me a two page list of tasks. Some of the things on the

list

> I have never done in the 14+ years I worked there and some I

haven't

> done since accepting the new position almost five years ago.

>

> Can they get rid of me this way? After five years of not asking for

> any documentation of physical illness all of a sudden they are on

> a " fact finding " mission.

>

> I plan on seeing my Doctor before answering any questions and also

> trying to get in to see a lawyer. I did ask if the new HR was even

> aware that my job had changed almost five years ago. He is fairly

> new and out of State.

>

> Anybody had this type of thig happen to them? Do I have to say

> whether I can do tasks that I haven't done in almost five years?

> They offered me the job with the different tasks and now the new

> head people can try to get me under the old job tasks?

>

> Needless to say I am stressed out and losing sleep. Does Arthur no

> good.

>

> I did go in to work this weekend and dug up the official memorandum

> listing my " new job position " tasks dated 1998. The old PM still

> works for the company and the man over my way-back-then supervisor

> is now the Company pres and he was cc:'d the memo.

>

> PatB

March 16, 2003

It would be nice if you had a note from your doctor on file 5 years ago at

the company stating your limitations, if that isnt already in place you might

should include a current assesment from your doctor about what you should or

shouldnt do with your response to the 2 page list of tasks. The FLMA post

mentioned one possibility but that really only applies to relatively short

term illnesses rather than chronic illnesses. The laws regarding this

situation would likely be dealt with in Americans with Disabilities Act.

I agree with Fred on documentation of all conversations with management about

job requirements etc. although I'm not so sure that a lawyer is unnecessary

at this point. It wouldnt hurt to get the opinion of someone well versed in

employment law.

Could be nothing more than the new HR wanting to get to know the crew but

call me paranoid, I would be leery. I dont know what the environment is

like in the company you work for but it might be a good idea to come straight

out and discuss your concerns with management. I would try to get some idea

of the law before initiating that conversation though. If that discussion

does take place try to emphasize whats in it for them rather than whats in

it for you.

Will anyone on the list volunteer to study disability law to be our resident

expert? Orin

March 16, 2003

Pat - do you have disability insurance through work? It seems like if you

filled out their form and said you couldn't do all the tasks, they might ask

you to either switch positions or go out on disability. But I think speaking

with your doctor and lawyer before you answer is a good plan.

March 17, 2003

> ...

> Can they get rid of me this way? After five years of not asking

> for any documentation of physical illness all of a sudden they

> are on a " fact finding " mission.

>

> I plan on seeing my Doctor before answering any questions and

> also trying to get in to see a lawyer.

Pat,

I think you are doing exactly the right thing by seeing your doctor

and a lawyer. If the company has more than 50 employees, they CANNOT

dismiss you because of your disability; BUT, if the management is new

and heartless they may very well try. A lawyer may be expensive, but

not as expensive in the long run as losing your job.

-- Ron

March 17, 2003

> Pat - do you have disability insurance through work? It seems

like if you

> filled out their form and said you couldn't do all the tasks, they

might ask

> you to either switch positions or go out on disability. But I

think speaking

> with your doctor and lawyer before you answer is a good plan.

>

I do have short term and long term disability insurance through

work. I don't know what criteria would satisfy using it though.

Would it just be the company saying i can't perform the tasks they

expect me to perform? Or would the insurance expect medical reasons

to qualify?

March 17, 2003

>

> Pat,

>

> I think you are doing exactly the right thing by seeing your

doctor

> and a lawyer. If the company has more than 50 employees, they

CANNOT

> dismiss you because of your disability; BUT, if the management is

new

> and heartless they may very well try. A lawyer may be expensive,

but

> not as expensive in the long run as losing your job.

>

> -- Ron

I was told years ago by the office manager that the company didn't

qualify for FMLA since each facility was counted separate. Now there

might be enough at the place I work since it has done nothing but

expand since I went to work there. Off the top of my head I can

count 48 if they count the office workers in with the Plant workers.

So probably not.

It's been a very frustrating and stressful weekend trying to decide

how to respond to the letter. I emailed the HR telling him about

my " new job position " in 1998 and asking him if he wanted me to

answer the task list based on the job I was hired to do in 1988 or

the job I was given in 1998. I forwarded a copy of the email to the

man who was the Plant Manager then (works in research now) and also

to the Company President who at that time was the boss of my

supervisor and he was given a copy of the letter describing my new

job and tasks since I don't know if the HR knew about the job

offered to me in '98. When they offered me the job they never said

it was created because of my " condition " only that there was a need

to add another technician to lighten the work load of the shift

techs. Since I was the senior shift Tech they put me on straight

afternoons.

Technically you only need 10 years to retire from the Company but

retirement means only getting your 401K ( too young to use it). I

don't know if they have to even let me use disability insurance or

just sweep me out the door because I have been there over 14 years.

My brain is spinning. The doc's office opens in about 45 minutes so

I'll go get dressed now and see if she can calm me down.

PatB

March 17, 2003

Here is a topic I can help with-- I had to go on short term disabiliy

at work because I could not perform my job. When that ran out and it

was time for long term disability- I had to get documentation from my

doctors that I could not go back to my position. I got the LTD but

it is only for one year. Then the insurance company looks at whether

or not I can do ANY job ANYWHERE. So- in my case the first year of

LTD is for my current position at work, the next is for ANY job.

-- In , " Pat B " <PBias@m...> wrote:

>

> > Pat - do you have disability insurance through work? It seems

> like if you

> > filled out their form and said you couldn't do all the tasks,

they

> might ask

> > you to either switch positions or go out on disability. But I

> think speaking

> > with your doctor and lawyer before you answer is a good plan.

> >

>

> I do have short term and long term disability insurance through

> work. I don't know what criteria would satisfy using it though.

> Would it just be the company saying i can't perform the tasks they

> expect me to perform? Or would the insurance expect medical reasons

> to qualify?

March 17, 2003

> I was told years ago by the office manager that the company

> didn't qualify for FMLA since each facility was counted separate.

Pat,

That may be the way the office manager *wishes* they could count

workers, but the law may take a very different view. That's why I

think it's important you get a lawyer involved.

-- Ron

March 18, 2003

I am an expert on this topic since I have gone through this ordeal. Please

don't stress too much b.c that caued my condition to deteriorate further. Let

me get all my files together to help you with your options. I am really behind

on emails, scanning the info in for Ron, mail, even my taxes so please be

patient. I may take a while to respond but I will get it done.

take care,

Re: [ ] question about rights at work