I need some advice on job protection (is there even such a thing). Right now I’m at loss of words and frankly scared I’m going to end up losing my job from a disease that I have no control over. The other day during a meeting with my boss and his boss it was mention more than a few times if I can not preform my job 100% of the time without interruption from pain (basically me putting my head in my hands from any where from a minute or longer) then they would need to find someone else to fill my spot. What the hell?!?! I’m sorry I’m doing the absolute best I can with what I have and something that I have no control over. When I’m at work and working that’s all I do, I don’t mess around, it’s all business and that’s it. But during this meeting I felt as if I was being threaten with my illness against me, and I would loss my job for it. I’m not at risk for getting hurt as I sit at desk all day. Would this type of behavior be against the Americans with disabilities act? How does that work and would it protect me from losing my employment? At this point in my thoughts TN should be considered a disabilities. It also pisses me off to no end as someone with cancer is treated completely different than I am, as if I’m making the whole TN thing up or playing it up. I’m the one who brings the most income in for my family so the thought of losing my job is very upsetting. I will be having a doctors appointment soon just to go over this, as my work said they wanted documentation of my illness. Will this set me up for losing my job as well! Honestly I do not get how it could be okay for them to treat employees this way at all, and I do not want to get HR involved, as something tells my gut HR would see me as a threat to the company, and the policy for that is to eliminate the threat or liability (which would be me?). Has anyone else gone through this, and was able to keep their job? I’ve been at my job for 9 years this July and do not want to lose it now due this stinking TN. Thanks all.
I would get a ONE time free consultation with an attorney who specializes in work/disabilities/rights law
-- not the kind that sue for the stuff on TV
If your company is big enough - you should have short/long term disability that you can receive and they HAVE to hold your job. But your doctor would have to be VERY specific on how it interrupts your working -- you may just need
ADA accommodations - like a 5 min. break every time it hurts - if it doesn't effect more than 10% of your job or whatever - they cannot fire you if you NEED accomodations -- no vent above your desk, etc.
If you were taking leave for somebody sick in your family (in a company with 50+ employees) / you would get unpaid leave for months according to Federal Law.
That is about the extent of my knowledge here -- but many have had to go on short or long term disability payments (65%) of your salary or whatever it is..... till they get the right meds or recover from MVD.
Lastly, have you had any topical or oral meds like lidocaine mouthwash, lidocaine patches? Prescription can be called in..... until you can see the doc.
Hopefully somebody else here knows more --- these are just droplets of random info to help get you started.
Look up employee rights in your state for starters perhaps....then move to federal law.
(( Kari )),
You don’t need the extra stress, although I’m in Canada, and the laws vary I can tell you that there is NO way they can fire you based on what you’ve said above.
I’m currently on long term disability with my company, it started as short term …now just healing from mvd not sure when I’ll be able to go back, even on modified duties…we’ll see.
Documentation from your doctor is a good thing, in it he can attest to your ability to perform your job. And stress your limitations ( if you have any) and how your condition works. This might give your employers a better understanding. If your work hasn’t suffered despite your pain and you are taking “normal” amount of sick days,not excessive, then they have nothing to say.
Huge (((( hugs )))), sorry you have to deal with this…definitely find out what you can regarding your companies policies as well as your state laws.
Mimi xx
Definitely speak with an attorney that SPECIALIZES in this field! that way you will KNOW your options. May I ask what meds you are on and if your doctor could possibly increase it or add something? If not, I would think it was time for surgery. And they FOR SURE can't fire you if you have surgery. You could be on short-term, possibly long-term disability, or just a medical leave of absence and they COULD NOT fire you.
Kari, I just read your page and noticed that the docs told you that surgery would not correct. Did they explain WHY? And I would check with some of the top Doctors in the field to make SURE. they may actually operate! kc dancer knows of some of them. Check with her.
Kari, hi this sucks, sorry for your awful stress. I cannot offer help as I live and know about UK ( a bit). But I do offer you my thoughts and support xx
http://www.eeoc.gov/policy/docs/accommodation.html#types. I didn’t read everything but maybe there you can fine something that might help you. I live in Puerto Rico and the government has to give reasonable accommodation to anyone with a disease or disability they have to put them in and area where they can’t do their jobs regardless of their disease or disability but they can’t fired them because of it, I don’t know how it works on the private sector. (Sorry if I’m not to clear but my main language is Spanish). I’m working on this myself right now cause I work on a call center and when it comes that time I can’t stand the headset it really hurts. I hope this info is helpful.
Yes, I have been in a VERY similar position. My company was somewhat accomadating until they hired an axe woman as Chief HR. Her mission was to weed out weakest employees (mostly over age 45 and replaced by interns). First, she disbanded our small dept and replaced with contractors. They moved me to a job I wasnt qualified for and gave me an impossible amt. Of work. That started a series of documented meetings regarding my production. I had been an A employee for 5 yrs. Finally couldnt take the stress anymore and worked a deal with HR that I would quit if co. Would not contest unemployment benefits.
Hindsight is 20/20 but here are lessons learned:
1. Go see employment lawyer for advice. I waited too late until I was too exhausted and defeated to the point all I wanted to do was just get out of there at any cost.
2. If your doctor wont okay you disability find another one who will. Only doctor I was seeing for tn at that point was pain specialist. He said his job was to keep me functional and off of disability, which I can see his pt. I should have seen at neurologist (hadnt seen in 5 yrs.)
Best advice I ever got:
If you think you might be losing your job: get a home equity line of credit while you are still employed and have good credit. Hopefully you wont need it but you have that cushion if you do. We've had to use ours more than I wanted to, but we would not have been able to pay our bills if we hadn't had it.
I am now working two low paying part time jobs and we are barely making our bills but both jobs are low stress and physical work and busy enough for my endorphins to kick in and keep me distracted from the pain for the most part. Beats sitting a cubicle with a/c blowing on me all day.
this sucks, sorry for your awful stress. I cannot offer help as I live and know about UK ( a bit). But I do offer you my thoughts and support xx