Aa
Problems at work
I was just wondering if anyone else has had problems like this. I have started to use a cane to help with the pain and to help cut back on my pill intake ( i get about 5-10% pain reduction w/cane). Well my work place has an issue with this and have stated that they want to let me go. They said its due to them caring about my health ( I am a goverment contractor ) but part of the papers that they showed me stated that i use the cane. I do not take the can on any of the ships that i work on I just man up and do my job just like i have done for the last 5 yrs. Now the HR as asked for alot of information from my Dr's about the medtronic unit, and about the meds I am on, and even if the Dr thinks that i can do my job. I know that they are having a hard time to just let me go and now i have been waiting for 2 weeks to have a meeting to find out what will happen. So now im getting to the point that i just dont care its hard for me to fall asleep and now it seems that its even harder for me to wake up knowing that it might be my last day working for this company. I have a wife and 2 kids my wife doesnot work so it is very important that i have a job and can pay my bills.
Just hoping for a little support here. Any advice would be helpful. Thanks for your time.
R.
Adam
Just hoping for a little support here. Any advice would be helpful. Thanks for your time.
R.
Adam
Thanks Adam for the update. I am sure you must be bored just sitting. I still get a bit bored. I had to give up my career the end of June this year. I miss it still. But it does get better.
I hope they are paying you while they are conducting their investigation. And I am glad you have options. There are worse things than not being able to work. I still am hopeful everything will work out for the best for you.
I'll look forward to your next update. Try to find something "fun" to do in the mean time. Peace, Tuck
I hope they are paying you while they are conducting their investigation. And I am glad you have options. There are worse things than not being able to work. I still am hopeful everything will work out for the best for you.
I'll look forward to your next update. Try to find something "fun" to do in the mean time. Peace, Tuck
Well im still waiting for HR to say something. It really ***** just sitting here while all of the other guys are out working. I did hear something today that i thought was interesting "The team leaders are afraid when your on the job site, that something might happen to you" I thought this was funny, I told them log ago that I have that fear everyday when i wake up, I will have no clue of what might happen if the unit in my back fails, if it fails while I am driving and overloads my spinal cord then I am pretty much a dead man, I have had it shock me one time ( my own fault ) but when it did I could not even scream for help. This thing is a piece of electronic equipment ( thats what I work on ) and things fail all the time I know cause I have seen it. This is a fear I have every day the only thing that Medtronics will tell me is that EMI can cause problems, I tested this out and they are right, it does affect it, but the amount of EMI needed is pretty high. I know that I can do my job and my Dr's have stated this too, but the company is I guess trying to think of what to do. I do work in a state that have RIght to Work where they can fire you for any or no reason, but I work on goverment contracts and with that brings in the goverments rules which over take the state rules. So on that side of it I know that they just cant let me go. And right now they just hired 5 or 6 ppl which means that they can not do a layoff period ( which is when they can get rid of dead weight without reason) So I just have to wait and see what they are going to do. I am also looking at the VA office to try and get my disibility started and if I get a unhireable label then I should not have to worrie about working anymore. But I dont like to just sit around and do nothing I get bored. Well again thanks for all of the advice and I hope that everyone has a good holiday and as little pain as possable.
R/
Adam
R/
Adam
Tuckamore is correct about not signing anything before showing it to an attorney. As you see yes we all are caring and just trying to help. I do hope your workplace works with you. I wish you luck as do all who have commented.
At my workplace there is a lady that wears a back brace and has a weight limit resctriction too. She took her paper they gave us(tH/R)that describes our duties and he (Dr.)okayed everything but a certain weight limit. As far as stopping if u feel pain could u go to the breakroom or bathroom and chill and not say anything about hurting? That is what I do. TN is the same way, they can fire and hire for any reason.
Thanks for all of the good advice, I am still waiting for HR to make their stand I have given them all of the information that they requested from my Dr's and all of them basiclly state that i can do my job. I have just a limit on lifting 100lbs or if I start to feel pain to stop. That is it and after the 2nd meeting i thought it was all over with and i would be fine but then my boss said that the letters from my Dr's did not say i could do my work he wanted a perfect yes to my job discription so i feel that he just does not want me here. I am a full time emp. and at the same time I work on goverment contracts. I live in Va and it is a right to work state where they can fire you for no reason at all but due to working for the fed gov they have their rules to follow to keep the contract. I worked at one place and they had someone that they did not want there but they had to wait a yaer and a half till they had a lay-off preiod to let him go. So i know that they are looking to the contract restrictions before they try and let me go, I will be getting copies of all of the paper work and contact an att today. I thank all of you for your input and concern. I will try and let you all know what happens. Thanks again for your support.
They can't argue that he is a risk because as I uderstand he has been in the same condition for the whole time he has been with the company. If he was such high risk there would have been problems a long time ago.Makes sense.
Hi Adam,
I would not sign a thing unless your attorney has reviewed it. I am guessing Nuggertone forgot to add that. I am sure that nuggertone is trying to be helpful and if approved by your attorney that may be very helpful. But signing a waiver releasing your employer from even a few liabilities could have huge consequences down the road. They may legally word the wavier to your extreme disadvantage.
And Nuggertone is correct, if you have some type of work place accident they will plead pre-existing condition.
Again I am not attorney and that is whom you need to consult. Again, Good Luck, Tuck
I would not sign a thing unless your attorney has reviewed it. I am guessing Nuggertone forgot to add that. I am sure that nuggertone is trying to be helpful and if approved by your attorney that may be very helpful. But signing a waiver releasing your employer from even a few liabilities could have huge consequences down the road. They may legally word the wavier to your extreme disadvantage.
And Nuggertone is correct, if you have some type of work place accident they will plead pre-existing condition.
Again I am not attorney and that is whom you need to consult. Again, Good Luck, Tuck
As you have seen above I understand by my comments what you r going through. However, the comment above this about being a liability to a company, factory, etc has been used so many times. On the same note is it legal for them to terminate someone if they do their job yet the only problem is they may say your at high risk cause you use ?? I dont know the answer. If you fell I am sure they would say well he already had problems. But you could sign a waiver as to releaseing them of certain liabilities. My friend did this and still has her job. Just a thought. Peace Out!!
I was terminated 10/03/08. My employer said due to poor job performance. I had the highest caeload and traveled the furtherest. Seemed like I was performing to par. On 11/2 after seeing my MD R/T work. com. Injury ( 2/07 ). I gave statment from MD. Listed still restrictions. My ED wanted me to be in the office the next am.amd catch charts up. I did and worked through lunch. At 3:30pm, my supervisor came-asked me how long restrictions would be for--I told her I didn't know. At 5pm came in and told me had been discussing and was no longer able to allow me to continue working. I was a liability to them. So yes, Adam seek legal advice. I did. He is also appealing another case they had controverted.. I worked in the field as a nurse and many of the homes were not to safe. Injuries from 2 falls---2/07 and 11/07. The lawyer handling as well as was reported to Labor board. Good Luck! Madlyn
Adam,
I made an incorrect statement. I said "unjustly terminated." I should have said illegally terminated, there is a difference. There are many things that in my opinion are unjust but not illegal. Sorry I should have worded it differently. And again just my opinion.
Tuck
I made an incorrect statement. I said "unjustly terminated." I should have said illegally terminated, there is a difference. There are many things that in my opinion are unjust but not illegal. Sorry I should have worded it differently. And again just my opinion.
Tuck
Correct point Brndnsdad and a good one. In WI there is a division in the State that can require the employer to reinstate an employee if it is proven (through their investigation) the employee was unjustly terminated (or discriminated against) for a multitude of reasons including a percieved disability. It goes without saying that you have to bbe able to effectively perform your job.
Hawk if I read your post correctly you are having no issues performing your job duties. If your only accommodation is to use a cane the company would have to prove this is an unreasonable accommodation and why. These are my opinions but I am not an attorney. I just have some experience in this area. Again best of luck to you and let us know how it goes, Tuck
Hawk if I read your post correctly you are having no issues performing your job duties. If your only accommodation is to use a cane the company would have to prove this is an unreasonable accommodation and why. These are my opinions but I am not an attorney. I just have some experience in this area. Again best of luck to you and let us know how it goes, Tuck
The ADA does not protect your job no matter what. It requires employers to make any reasonable accommodations to help you do and keep your job. If you are not able to do the job any more, or if the accommodations needed are not reasonable, then you can lose your job. Do you have disability insurance coverage? If so, you may want to begin investigating how that works.
Hello Hawk
I am not attorney. In my opinion Roseczern is correct. There are Federal Laws against discrimination, one of them is the Americans with Disability Act. Rose is also correct that in WI there are additional State Laws that protect persons with disabilities, similar to the Federal Law.
If you have not yet you need to contact a good Attorney that specializes in discrimination in the workplace. Your local phone book will tell you which attorney specializes or takes or practices which type of law. In WI you can call the State's Department of Workforce Development and they will provide you with a list of attorneys. I would imagine your state has a similar division.
At this point it is difficult to determine if there has actually been discrimination. An employer can request information to evaluate your ability to safely preform your job. It's a long a complicated story but basically it's what they do with the information they gather that will determine if they are discriminating. In my opinion you would be well advised to document every thing, including all conversations with your employer or their representatives.
Best of luck. Don't walk, run to an attorneys office. I'll be looking forward to your updates. Take Care, Tuck
I am not attorney. In my opinion Roseczern is correct. There are Federal Laws against discrimination, one of them is the Americans with Disability Act. Rose is also correct that in WI there are additional State Laws that protect persons with disabilities, similar to the Federal Law.
If you have not yet you need to contact a good Attorney that specializes in discrimination in the workplace. Your local phone book will tell you which attorney specializes or takes or practices which type of law. In WI you can call the State's Department of Workforce Development and they will provide you with a list of attorneys. I would imagine your state has a similar division.
At this point it is difficult to determine if there has actually been discrimination. An employer can request information to evaluate your ability to safely preform your job. It's a long a complicated story but basically it's what they do with the information they gather that will determine if they are discriminating. In my opinion you would be well advised to document every thing, including all conversations with your employer or their representatives.
Best of luck. Don't walk, run to an attorneys office. I'll be looking forward to your updates. Take Care, Tuck
Does your state have laws that cover workers with disablities?
In WI, there are laws called The Americans with Disablities Act. Come to think of it, it is a federal laws protecting you job and how you are being treated. Call your Department of Labor Relations and ask questions.
In WI, there are laws called The Americans with Disablities Act. Come to think of it, it is a federal laws protecting you job and how you are being treated. Call your Department of Labor Relations and ask questions.
Hi Adam,
I would suggest you get an attorney. there are many that offer a free consultation and they will tell you what laws are being broken by the companys actions. I do know that you have a case but I do not really know what you want out of your legal action. I have an attorney friend and she says you do have a case but it depends on what you expect from the action to know which way to go in your lawsuit.
If your wanting to just keep your job and continue working and if you want a settlement or both.
Call around.
I would suggest you get an attorney. there are many that offer a free consultation and they will tell you what laws are being broken by the companys actions. I do know that you have a case but I do not really know what you want out of your legal action. I have an attorney friend and she says you do have a case but it depends on what you expect from the action to know which way to go in your lawsuit.
If your wanting to just keep your job and continue working and if you want a settlement or both.
Call around.
Oh man, This is one of the reasons I am so afraid to start using a cane. I'm only 32 but I've got mild spastic cp and scolisis, it's taken a real effect on my legs. I'm afraid that I'll get too used to using a walking cane at home and will start to use it for work. Then I risk getting canned because I work in a sporting goods store where it is normal to be normal and will have a difficult time in getting hired on in another job because of the cane and because of what it signifies to people. I cannot get my family to understand the need for a cane, so with work, it'd probably be an even bigger stretch for them. Although I know it would help alleviate the pain quite a bit, I'm just in a catch 22 area because of my age. People tend to think your invincible at this age and if you are not and you act as anything but invincible, then you're a liar and a punk.
Sorry I have no advice, just seemed like a good time to vent.
Sorry I have no advice, just seemed like a good time to vent.
I can relate. I work in a factory. I am single and have to work. I have back problems and I have actually went into the bathroom stall and cried I hurt so bad. I go back out there and do my job cause if you complain they will get rid of ya. I make good money and cant afford to lose job. If anyone takes a random drug test and have pain killers in their system they (HR) gets nosey. All I can say is I give a person credit for doing their job. I dont take any meds at work. I wait till I get home and dont take any later than 10:00pm which I get up at 5:00am. I work harder than 99% of the employees but I havent been tested since my last surgery so I cant wait to see what they do. In TN we have a law they can hire and fire at will. WE COST THEM TOO MUCH FOR INSURANCE I GUESS!!! Good Luck
Hi, HawktheSlayer. There's something really wrong in how your employer is acting, and I'm really sorry that they're doing this to you. So unfair! I would like to second the recommendation of getting legal counsel. The cane can be a legitimate issue only if it prevents your doing your job, and it's pretty clear that it doesn't. Are you a full employee, or a contractor? That could make some difference. But remember that regardless of whatever contract you signed, any provision that violates a law is uneforceable. Under the Americans with Disabilities Act, which I believe applies only to full employees (as distinguished from contractors), your employer is required to make "reasonable accomodations" for the disability. The word "reasonable" is, of course, subject to debate, but the use of a cane shouldn't even arise.
I hope that you don't give up here, and if necessary, "...sue the bastards" (as an old lawyer friend of mine used to say. Good luck!
By the way, I lover your user name. fpainestam
I hope that you don't give up here, and if necessary, "...sue the bastards" (as an old lawyer friend of mine used to say. Good luck!
By the way, I lover your user name. fpainestam
I am not a lawyer either, but i agree with jollyman069. Legal counsel is my suggestion. In the work papers you signed, did it state anything about their terms of termination? I know at my work it says they can terminate anyone for anyreason without prior notice and we all have to sign that paper....but i'm not a government contracter either lol. i'm in computer forensics, but, I know that in most states there are laws on disabilities and work. If they let you go would u get like a severance package? perhaps they're afraid that with you using the cane that your going to try workmans comp or sue them or something. I know big corps can be paranoid like that. I had a friend who by ALL doctors should have been unable to walk and yet he was out working oil riggers in the pacific....he was on alot of pain meds from his docs (not abusing them) and had at that time had 18 back surgeries. He got randomly drug tested and it came positive for morphine (which he had/has morphine pump and takes oral) and they asked why and he said he had a script for it and started lots of "investigations" and then 3 months later while he was IN surgery they called his wife and said that why were letting him go. He was on disability for 3 days and they fired him. gave him some package or what ever i dun know what it was. but he has since gone to lawyers and gotten on social security and his former employer and him settled out of court. and one of his lawyers is using his case as an example or something ( i suck at legal terms : /) but. that's been his experience. I would definatly look at the papers they had u sign when u started there. Good luck and best wishes
HAPPY HALLOWEEN!!!!
Billy
HAPPY HALLOWEEN!!!!
Billy
Thanks for the advice I do think I am really going to like this site.
I think I will look at getting a lawyer to advise me in this situation.
R.
Adam
I think I will look at getting a lawyer to advise me in this situation.
R.
Adam
i am by no ways a lawyer sounds to me though they are trying to get rid of you because of the cane.. that is so against the law.. maybe you should seek some legal counsel now before they do try to let you go...good luck will keep you in my prayers and let us know how things work 0out for you, and i am sure here in alittle bit more people will be on and you will get alot of good ideas and uggestions
Have an Answer?
You are reading content posted in the Pain Management Community
Find out how beta-blocker eye drops show promising results for acute migraine relief.
Could it be something you ate? Lack of sleep? Here are 11 migraine triggers to look out for.
Find out if PRP therapy right for you.
Tips for preventing one of the most common types of knee injury.
Here are 10 ways to stop headaches before they start.
Tips and moves to ease backaches
