Dilemma @ work - Update

[Guest guest]

Well,

I ask our HR Dept. for a copy of my job description from when I was hired. After

about a week, she finally emailed me one, but...it's completely different than

the job description they had advertised in the paper when I applied for the job.

Funny enough, they have added a couple of lines at the bottom that states you

must maintain fork lift certification for wharehouse floor duties. That was not

in the original job description, because I was not certified to drive a lift at

the time they hired me. Sneaky little devils it seems like.

I have tried to email Indystar.com where I originally found and applied for the

job, to see if they can retrieve the original job ad from Nov.-Dec. 2005, but

have not heard anything back.

Any advise?

Donna in Indy.

[Guest guest]

Hi Donna,

I hope this is just a lack of organization on their

part - in cruder terms I hope they are just IGNORANT

and not in fact sneaky.

I received the best information and advocacy regarding

ADA law from the EEOC. You can look for your local

branch by searching Google (search EEOC, your state).

You don't have to file a charge, you can make an

appointment with an investigator to just discuss your

situation & find out what your rights are.

If you decide to file a charge, you can request

assistance filling out the fairly lengthy forms - they

will type for you if needed.

Also, a non-profit such as Independent Living Center

or another disabled advocacy group might be useful.

Remember that you are not alone & you are an assett to

your company. We are all much more than hands and

feet. We have experience, intelligence, humour,

creativity, organizational and managerial skills,

humanity.

Well Wishes,

Chris

[Guest guest]

Hi Donna,

You MUST refer to your doctor's letter and make sure the boss, HR and

anyone else knows the boundaries set out medically for you. As I

recall, the doc said NO to the forklift. That's quite clear.

Try not to worry, I know this is hard. Just keep that medical letter

handy, besides making sure it is in your HR file, and the Boss' file

too. Relax, and go buy something nice for yourself with your new raise.

Yes, *you could* just give notice and quit, and not deal with this

stuff, but as I understand it, you like your job and you are good at

it, so quitting seems counterproductive. (I thought about this years

ago - the advice I got was " find another/better job first " - and I

DID!)

I have also been fired, riffed, etc., but you know what? It all made

me stronger and more clear in my career goals and I always ended up

with jobs that were a better match for my talents.

Donna, remember, you have a " medical excuse " for not accepting training and

certification in the forklift.

~ Gretchen

[Guest guest]

Dear Donna,

My father always said to look for a new job while you are employed. I

was a vocational rehabilitation counseleor for six years and saw so

many people that lost their jobs because new management was unwilling

to accomdate their disability.

How bad do you want to keep your job? Can you find a similar or perhaps better

job with the same or better pay? How much time and energy do you want to devote

to to your current employers, and if you are terminated how much energy will you

put into proving you are right. I know you are right, you know you are right.

I would document everything, keep copies of everything, tape record

everything if it is legal, find a new job and then file a disability

lawsuit, but don't focus on it - if you win some money fine, if not the company

still had a big hassle, and maybe they will treat the next

person better.

Kirk