Re: Dilemna@work Update

[Guest guest]

Donna,

Some ideas to considerL

First, get your file at HR and make a copy of everything in it. Your

original job application and original job description should be

there.

Second, re-write your job description as to the work you are doing

Now. Yes, sounds like duplication, but update this and add anything

else you do to it. Somewhere at the bottom make sure to put the

current date and your initials. This 'tool' may be helpful in negotiation.

Thirdly, if the cross-training with operating the fork lift will

compromise your CMT 'abilities', talk to your doctor about writing a

letter (to whom it may concern) about your need for a desk job.

Another useful 'tool' in negotiation.

If the cross-training won't be a problem, then forget #3.

Make a list of the reasons why you like this job, what you've

learned, skills you have, and have acquired. Then make a list of

everything you dislike about the job, the employer, etc. Ask

yourself, if given the chance, would you stay with this employer and

be cross-trained, or, perhaps with your job skills, would it be a

good idea to advance to another job.

Consider a negotiation with your current employer for cross-training with

another desk job. Ask yourself if you'd want that. Ask yourself if you would be

willing to cross-train into anything that you can do for more $. Keep these

lists and questions/answers at home, and if you have any personal info on your

work computer, get rid of it.

Now would also be a good time to update your resume and contacts

list for references.

Be prepared to negotiate what you want with your employer when the

time comes. This means being prepared in every way. An excellent

book to read on this is " The Power of a Positive No: How to Say No

and Still Get to Yes " by Ury.

~ Gretchen

[Guest guest]

Thank you Gretchen,

Sounds like great advice; and if they ask me why I'm requesting a copy of

everything in my folder???

Donna

[Guest guest]

Hi Donna,

If HR asks why you want a copy of everything in your file, just

say " for my own records " , or " for my own personal records " . You have a

right to see what's in your file and make copies of the info. Make the copies

first - read later (because someone from HR may ask you to use a copy machine

where you can be watched. This actually happened to me about 20 years ago)

~ Gretchen

[Guest guest]

Well, I had to go out on the floor and drive a lift the other night for 10

hours. Tonight I called in because I can barely walk. I literally have no legs

today. My legs feel like two rubber bands that have the flu.

I contacted HR this morning and revealed to her what my disability is and why i

cannot operate a forklift, and she was very rude, cold, and snide about it.

I asked her for FMLA forms, figuring if nothing else I would use an FMLA day

when they try to force me to work on the floor. She said " well you don't sound

like you really need FMLA now do you?? " She also told me that if I want to

request reasonable accommodation, I will have to bring her a form from the ADA

filled out already. WHAT FORM???

I told her that the position I applied for did not require me to reveal a

disability, and that an employer does not have the right to ask if someone has a

disability before hiring them. She informed me that it doesn't matter what the

job description said when I was hired, and that they can adjust it at any time,

and that NOW there is no difference between the office position and the

warehouse positions, and that everybody is required to know how to do everything

and help out where needed.

I had a feeling it was going to get ugly, and with her attitude this morning, I

guess it is.

Should I just get a Dr.'s note saying NO OT, AND NO OPERATING A FORKLIFT, or

what??

I don't know what to do now, and I feel like she was trying to (trip me up) with

her questions and statements. I feel like she already beat me under the table.

Any advise would be greatly appreciated.

Donna in Indy

[Guest guest]

Hi Donna,

Yep, I had a feeling this would happen. She knows

about " accommodations " but would rather treat you with utter

disrespect so you'll just go off and find another job. She's trying

to intimidate you. Don't let this happen, stand your ground.

Yes, yes get with your doctor and get a letter stating " desk work

only " , ammended hours, specify breaks, no lifting, no machine

operations, etc. due to needs arising from CMT, etc. Simple, direct,

to the point, and very clear.

I am not sure what form is needed either - and even IF one is

needed, but call the ADA 800-514-0301 and ask if they have a form

for employee initiated job accomodation. Go to the ADA website and

look on the right side of the site - there may be a publication that

has the info in it. OR maybe contact the Dept. of Labor (DOL) the

link is on the left of that site. I think it may be easier to call

them and speak to someone who can help. I had to call one time on a

housing issue related to a Homeowners Association and the people at

ADA were SO helpful. http://www.usdoj.gov/crt/ada/adahom1.htm

Negotiate for what you CAN DO physically.

God Bless, and keep us updated.

~ Gretchen

[Guest guest]

Donna,

Somewhere around you is a vocational rehabilitation practice that can

characterize and evaluate your condition as well as quantify your current

abilities. Contact your state wage and labor board if your state has one, if

for no other reason than to assure that your side of the story is heard, they

can offer further counsel. Your employer may still be able to dump you, but at

least you can get immediate unemployment compensation without a waiting period.

Essentially make them lay you off rather than discipline you. You need a job

counselor to guide you through the necessary proceedures, don't count on the HR

dept, when push comes to shove, they are not looking out for you.

Ed

[Guest guest]

You're right, they probably can and will think of a resaon to dump me.

My Doctor wrote me an accommodation statement this morning, stating that I am to

remain strictly on desk work, no forklift driving, machinery, and NO overtime

just as Gretchen suggested. I will take that into HR tommorrow morning when I go

to pick up my FMLA papers.

I have learned a wealth of information in the last 24 hours, but mostly from the

nurse practitioner. I asked her to put on the statement " due to complications

arising from CMT " , and she said NO!!, it is absolutely none of their business

" what " your condition is until your FMLA papers have been filled out by Dr.

and returned to them.

At that point they will learn what the condition is and how the Dr. is

reccommending that FMLA be used. She said " we put on there... " due to

illness/injury " , and that is all that is required at this point, and they must

comply with your Doctors orders immediately.

There are other employees there that are currently on Dr. ordered limitations,

so I don't see how they can make any issue over my situation.

I am hoping that the Doctors statement, along with FMLA, will put to rest the

point they are trying to make that all employees are now required to do all

jobs.

Friday night is my next scheduled night to work, should be interesting, I expect

my new, young supervisor to pull me in his office, and FURTHER stress the issue

that there is now no difference between the clerks position and the floor

positions.

Shouldn't my accommodation request from my Dr. blow that theory right out of

their window?

Thanks for listening

Donna in Indy

[Guest guest]

Gretchen,

I thought of you at about 10:30 Tuesday morning. I went to HR to pick up my FMLA

papers, and while I was there I asked for a copy of everything that was in my

file. I was questioned as to why I even needed anything in my file, and had (4)

HR women gathred around me watching every move I made as if I was trying to

steal the freaking crown jewels!

They picked and choosed what I would be allowed to copy and what I couldn't.

Just so happens the big boss walked in at that time, and I told him I was going

to speak with him if he had time. Him, myself, and the HR Bitch, all sat in an

office and talked for 45 minutes.

She drastically changed her tune after he joined in, and they both told me not

to worry, that they WILL accommodate me and I will remain in the office position

I was hired for now that I have brought this to light. He said... " and you

actually went out on the floor and drove a lift for 10 hours Sunday night? " I

said yes, and I've been down every since.

He looked at the HR Bitch and asked her... " is Donna even certified, she

swallowed first and then told him...No she's not. I said... " that validates my

point...I wasn't hired in here to drive a forklift and was never asked at hire

if I even knew how to drive one.

Later Tuesday afternoon, He issued an email to all supervisors throughout the

facility that stated...Donna is NOT under any circumstances allowed to

operate a lift or work on the floor for confidiential reasons. She is to remain

in her Traffic clerk position only. If any one has any questions about this, you

just calmly & proffessionally tell them it is none of their business why.

So, thank you all for your advice,as it seems for now, that I may have a leg up

on the situation.

Donna in Indy

[Guest guest]

Alright Donna!! Great news for you.

Barb

[Guest guest]

Oh Donna, your post is such good news! I'm so happy for you!

~ Gretchen

[Guest guest]

Donna,

I have been reading all your posts and have been praying for you.

I really thought you were going to have to get another job but I am so happy for

you. Gretchen was a great source of information for you & you did everything so

perfect and it has really paid off. I'm sorry I haven't gotten back to you

sooner but things have been a little crazy here. I'm trying to get my kids

insured and it's taking a lot of my time. I wanted to let you know I'm going to

drop my son off at the MDA camp at the end of June & was wondering if you would

be there too?

Maybe we could meet then. Again congratulations on your success!

Winndy in Indy

[Guest guest]

What a wonderful ending to a stressful situation. I am so glad you had the

strength and fortitude to keep fighting!

Jackie

[Guest guest]

I'm happy for you Donna. It's always nice when your boss turns out to be human

after all.

Ed