Job Issues

[daggiesmom]

Hi All,

I'd like your input with this job-related issue. I have had many problems with my current boss and have written about her in the past. The latest problem is the HUGE amount of work being dumped on me; there are three AA's, one is going on maternity leave in March, probably. Her work is being parceled out to the two of us. This is definitely NOTa two person operation (run the employment office, hiring, firing, interviewing, answering all benefits questions, doing an enormous amount of paperwork, doing the secretarial work for four people, meet and greet everyone who comes in the office. On top of this our organization must meet certain qualifications (COA) at set deadlines. The worst possible time for one person to go on maternity leave (but that's not the issue). I now find out that this ----- now expects me to move and box ALL the terminated files from 2003, have them put on disc, etc. She dumped this job on me before and I suffered for it (back aches, enormous amount of dust inhaled made me sick). My husband faxed my dr. requesting a note from him stating that I cannot do this type of physical work due to my LC diagnosis. I truly feel that she is pushing me to quit - has done so before - but can she legally require me to do this physical labor with the illness i'm batteling? Doesn't the dr's note cover me? I know she'll turn purple when I give it to her, and she'll probably dump some other s----y job on me to get back at me. I guess my question is -

Can they require you to do physical work of this nature that will subject you to possible physical harm due to my medical condition? Does anyone have knowledge about employment issues like this. If so, please send me a message or answer back here on the board. This job

is truly the pits! I've been here 10 years, was never hired to do this work, but was forced to or to resign because the head b---h at the time was "reorganizing" the dept. She has since been fired, but she left this disaster behind. Sorry this was so long. I just have too much to deal with.

Joanie

[Andrea]

HUGE DISCLAIMER: I AM NOT GIVING LEGAL ADVICE!!!

I believe that it is the employer's responsbility to accomodate you to the best they can given medical restrictions from a doctor. Some jobs it is possible to accomodate, other jobs not. For example, let's say your job is that of a mover with a moving company--it is kind of hard to give you sedentary type of work. However, if there are plenty of other tasks you can do, your employer should honor the medical restriction and give the physical labor tasks to others. It is quite common for an employee to have a restriction such as "no liftinng over 15 lbs"; "no prolonged walking", etc. And employers have to accomodate unless it will be impossible and cause "undue hardship" based on job duties, which does not sound like your case.

[Ry]

Got your employee handbook handy? There should be a section on the Disability Act and notifying your employer when you need an accomodation. You need to have your doctor write out the accomodation you need (like Andrea stated..no lifting over x pounds) and it must be specific. They will need to make the requested accomodation.

[Andrea]

I am looking at a typical restriction form right now and not only can the doctor write in their own, the categories listed are cannot perform:

bending, climbging, computer, driving, grasping, hand motion, kneeling, operate heavy machinery, push/pulling, reaching above shoulder, sitting, sports, squatting, standing, twisting, walking, lifting.

The doctor then checks the box and fills out the area for "Max minutes per hour" and "Max hours per shift" if applicable for each task

[daggiesmom]

Dear Andrea and Ry,

Thanks so much for your responses. I think my game plan will be to have the letter, probably try to do the massive filing and know I'm not able to continue and then give her the letter. I really hate this stuff. I am a very good employee, a good worker and I take pride in the many good things I do. I cannot understand how this woman continues in her job. As an off side to this, today, she wanted to know why a woman who is currently on leave for an etopic pregnancy isn't ready to come back to work since "the baby is gone." Words can't describe how I feel about this jerk. Anyway, thank you for your help. I'll let you know how it turns out and if I still have a job I know I will, I got the BIG GUY lookin' out for me and I have a Special Angel, too. ((()))

Joanie

[daggiesmom]

Just as an update on the Job from Hell. I got the letter from my dr. ready to go tomorrow. On Friday, she called a meeting and told me to start doing the boxing, etc. She made a few nasty comments during the meeting, while me and the "maternity girl" were sitting there. The other woman who will be working with me when Maternity girl leaves, was not there, having taken a vacation day on Friday and tomorrow. You have to ask yourself, why have a meeting to discuss division of duties when 1/2 of the team is absent? This meeting got me very upset. I went out at lunch time, called my Primary Care dr. and he told me to come see him at 4 pm. I went back and told her I had to leave - dr. wants to see me. She wanted to kill me. I could practically see the steam shooting out of her ears. She came out to me a few minutes later and said I should change the appointment as we were going to have a meeting. I said no, my dr. wants to see me right away. Boy oh boy, tomorrow will be some ugly Valentine's day. All of this turmoil is definitely having a bad effect on my nerves. I'm really hoping I have some good backup tomorrow. I'll keep you posted. Wish me luck.

Joanie

[Ry]

Good luck Joanie. Let us know how it goes.

[kimmek]

Best of luck tomorrow Joanie

Things like this just crawl up my back. The nerve of some people. I think it was Cheryl on here recently whose employer really gave her a time there for awhile. I think that person eventually got the can, so maybe we can hope for the same thing here. Just floors me that these folks can be in supervisory positions.

You stand up to her with your letter. Be strong and know you are in the right here, not her.

Good luck

Kim

[kimblanchard]

deleting all posts

[daggiesmom]

Well ,worrying all night and going to work this morning feeling sick to my stomach was all for nothing. She has today off, so now I get to feel like this for another 24 hours. Oh well. Hope my dr. gives me good CAT scan results today. If those are good that will be something positive.

Joanie

[daggiesmom]

Ok Everyone,

My immediate boss was out yesterday, so I gave my dr's note to the head boss (Sr. HR Director). Explained it to her. She said ok, seemed ok, was reasonable. Fast forward to today when Ms. HR returned. All day I was doing HR orientation for 8 people, which involves a HUGE amount of paperwork. I am being dumped on BIG TIME. At 4:00 I get an e mail from Ms. HR informing me, and I quote "

Joan,

I received the doctors note you present to JoAnn yesterday. In the future, it is expected that you will follow the chain of command and bring any questions, issues or concersn to my attention. The only exception to this is if it is a very urgent matter that cannot be held off until I return.

Below you will find the Employee Accomodation Request form. Please complete it and return it to me as soon as possible. A meeting for you and I to meet wnad discuss your accomodation request will then be scheduled"

So tomorrow I'll give in the form. I will request that any meeting be attended by her, me AND the HR Sr. Director. At that meeting I will explain that the meeting on the previous Friday she stressed that these files had to be attended to right away. To me, that seemed urgent, and that is why I gave the note to the Sr. HR director. By the way, today, my colleague started on the files.

I don't mind filling out the form, but I want the Sr. HR director there to hear the whole issue. She is burying me in work, on purpose.

Does anyone have any advice for me regarding this. I will keep my cool because I know I can. I have faced so many more difficult issues than this. I give myself pep talks all the time. But I'd appreciate any input anyone has regarding the law, etc. Does this sound like harrassment to you?

Yesterday was a great day because I got such great news. But, you know what, today is a great day because I'm still alive and kickin'. At least I still CAN fight. Boy, oh boy, i'm gettin' my Irish up now!!!!!

Joanie

[Ry]

My suggestion:

Be professional.

Make sure the accomodation is one they can make. If it is at all unreasonable they can claim hardship. For example, I have had to send employees back to their doctor to get a new slip if the accomodation says "can't lift over 5 lbs". We just can't meet that, but we can meet a 15 pound restriciton.

Is it harassment? Maybe, if she is treating you differently than other employees. Document it all if you think that's the case.

Good luck.

Ry

[daggiesmom]

Well it's Friday afternoon at almost 4:15 and so far no "accomodation request meeting" has come about after I filled in the form she wanted and attached the dr.'s note. We had a meeting with the other AA to discuss business issues; she thanked the other AA for doing the boxes and that was it. She was generally nice, but then again earlier today she fired a woman who was here 15 years and found out her job was posted in the hallway; then the daughter of a deceased employee came in because she can't collect her mother's life insurance to pay for her funeral. So I guess she had her hands full and figured she had enough fighting for one day. didn't want to deal with me, I leave at 4:30 - Hey Cindi - open the bar, i'll take a Merlot please! Oh, and thank goodness for George and Abe - three day weekend!!!!!!!!!!!

Joanie

[daggiesmom]

Just as an update on the latest - I handed in the form she wanted stating what I was not able to do "no lifting, pushing, pulling of heavy objects, no inhailing of dust" and have not heard a word since. No meeting to talk about anything further - of course not. She doesn't have a leg to stand on and she knows it. So a whole lotta nothin'. Now, maybe, I'll learn not to get all upset for no reason! Also, maybe she'll learn not to push my buttons. And in the future I'll be alot wiser about how to demand my rights and not let her step on me again. Thanks to all for listening. I hope no one else here has this problem, but if they do, they'll read this and maybe can benefit from this. I'm gettin' smarter by the second!

Joanie

[Andrea]

Go Joanie!

It is scary and terrible how some employers are. Remember to document everything E-mails are especially good to keep.

[Andrea]

Joanie,

Just one piece of "advice"--if you e-mail that woman and ahve problems with her again, make sure you copy the Sr HR person so they can see what is going on also. That strategy has been helpful to a Plaintiff in a case I am working on now b/c it shows that various people knew she needed an accomodation and didn't do anything.

ALso if you don't like what was said in the meeting you are going to have, after the meeting send a very professional e-mail saying "I am just writing to confirm what we discussed....." and write what you discussed. This way you have documentation and if they want to refute it, they can in writing.

Remember--print all e-mails.

[daggiesmom]

Thanks Andrea for you sound advice. Will do! Hope you're well and your Mom, too.

Joanie

[Andrea]

Joanie,

I hope the situation resolves for you and they are helpful and nice and all is well!!!

I thought about it some more, and thought about all of my employment cases, and the ones hardest to defend are the ones were the employee just documents and documents what is happening to them.

E-mails are great b/c you know the person received it in the To: From: section. Plain memos are harder b/c you never know if they were really received.