ANA Discussion Forum
General Category => AN Issues => Topic started by: ConnieJ on September 15, 2009, 07:29:20 am
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I had my tumor removed 2 years ago and never had trouble at work until now. They are changing my job position and are putting me up at the front desk to greet people and answer phones. This makes me very upset. First of all I don't know if the rest of you with SSD have problems on the phone but I do. It really bothers me to talk on the phone after so long my head feels like its going to explode and then I get a headache. My ear/head rings all the time anyway. I told them these issues and said I couldn't do it and they put me on a decision making leave until Monday to tell them If I am staying and doing this job or leaving. I am just beside myself!!! Can someone offer me up some words of advice.
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I have no idea what to say. I'm so sorry this has happened. Do you have a workplace advocate that you can go to?
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Major bummer !!!!
Maybe you can get one of your doctors involved.
I would not think your employer would want to get into the whole disabilities issue by denying you a job.
If bad goes to worst, you can always bring a lawyer into it. You might want to go ahead and consult a labor lawyer so see what she has to say. In this economy, you have to stick up for your rights.
Grace
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Hi ConnieJ,
Sad that you're being treated this way at work .... specially with an ultimatum no less! Perhaps moderators Jim Scott, Steve Gerrard or Phyl the Pirate Lady* can add their expert advice as to how to approach this most delicate and unwelcome situation.
Wishing the best for ya!
Greg
* Watch it .... think Phyl might be ready to pounce on Sept 19.
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Connie ~
You have my sympathy. This is a terrible situation to be thrust into by your employer. They are basically maneuvering you into a position where you're unable to do the job they now require. Under that scenario, the employer can legally dismiss you for not being (physically) able to perform the job. Of course, this wasn't the job you had and could perform just fine, but I believe that the law allows the employer to determine the type of job you'll be required to perform, as long as it's within the confines of the kind of work you were hired to do, i.e. you can't require a receptionist to load trucks in the warehouse or the warehouseman to work in sales unless you request those jobs and even then, the employer has the discretion as to whether he'll honor that request.
In your case, this is a wholly discretionary decision by your employer. It may be simply a necessary re-assignment of duties that often occurs in business - an attempt to utilize you more effectively or replace someone who left - or a ploy to ease you out of the company by putting you in a position you cannot fill due to your SSD. You need to talk to someone in the Human Resources department but if you have (as I suspect) and they were no help, you'll want to consider going here http://www.ada.gov/ (http://www.ada.gov/) to find out what your options are. I would be sure to let the HR department know that you're researching your options via the ADA. This may motivate the company to reconsider this move - but don't count on it. Hiring an attorney should be a last resort, but not beyond consideration, should all else fail. With the ADA law in place, this shouldn't happen. Unfortunately, all too often, it does.
If you can't perform the job the company has offered, it'll be very difficult to qualify for unemployment benefits because the company can claim they fired you 'for cause'. In their version, they'll claim that you couldn't/wouldn't perform the job required of you. Should you have to look elsewhere for work, being dismissed from your last job 'for cause' will also hurt your employment prospects when you seek a new job. This is terribly unfair, but as President John F. Kennedy once remarked, "life is unfair". Nothing has changed in the years since the young president made that comment. There is always the option of trying to fill the 'new' position, but that is likely not feasible. Just a thought.
I don't know if anything I've posted will be of any help to you but I hope it will. If not, I trust that others can supply the kind of advice you're seeking and I sincerely hope this situation can be resolved in your favor.
Jim
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Connie -
I hate to be blunt, but I can't help saying it - this sucks!!!
Jim offered some excellent advice - I'd look into the Americans with Disabilities Act to see what your options are.
Good luck - and please keep us updated.
Jan
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Hi Connie,
I too, am so sorry this is happening to you...
Although i am not SSD (but have trouble hearing) the exact same thing happened to me in a previous employ, and i ended up having to do two jobs!
The receptionist before me also used a headset, so she could walk around the office while answering calls - i did this years ago, but it bothers me now.
So, being 50+ years old and having been laid off recently before that, i decided to give it a try while starting to seriously look for other work.
When my nice supervisor announced she was thinking of leaving, i had another job lined up and submitted my resignation.
I hope you can find your way thru this quandary - i know how you feel, and as Jan said, it 'sucks.'
My best wishes to you - keep us posted.
Sincerely,
Sue
PS I now work with at least 2 people who have hearing problems, about my age or older. They know my situation, and we can empathize with one another.
It sure makes my life easier - and i am grateful they all understand. -- Good luck in finding your solution- i will be thinking of you.
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Connie,
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I only post rarely these days but your post title struck a nerve with me. My thoughts are with you. Like always, Jim has offered you good options with an attorney as a last resort.
being in Oz, i can't offer any legal advice but i can offer some business strategic advice. Just quickly, I am a professional consultant in the financial services market. i do project management and financial control and have 35 years experience.
Given that your employer seems hell bent on driving you out of the company, i suggest the following.
1. Look very hard at employment elsewhere because the inevitable will happen. best to leave on your terms rather than theirs. Given the job market is not good, you will need to look really hard.
2. Try really hard to put up with your new role even though you struggle with it. Try and minimise the time you spend on each call by being frank and succinct - friendly of course. This is going to be tough but "Life is unfair". I have to deal with people all day and am constatntly in meetings and on the phone. Just have to put up with the pain unfortunately.
3. If you can't do 2. then as a left field comment, try and see if there is someone high up in the company that has a disability and use their support for your case.
4. If 3 isn't an option, you can go to your immediate manager's head and discuss it with his/her manager.
5. If they have all colluded to get you to leave, then maybe suggest a severence pay. Don't know if you have that in the U.S but large companies in Oz usually have redundancy agreements where you get paid X weeks for every year of service.
6. If all the above fails or is not achievable, then yeah, maybe the attorney is your option.
Sorry if the above is business like and sounds stern but your situation is awful and requires some hard hitting.
Good luck
Laz
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What about "reasonable accommodations" it might be worthwhile to spend some time at this site: http://www.ada.gov/
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i don't have a problem with the phone although i don't do it all day. and i have single side deafness. maybe a trip to your Dr. and such might help?
i don't put much help on HR since they work for the company not the individual. But lawyers are good for such tasks.
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The problem I found, being SSD, is that when I am on the phone I don't hear people talking to me while I am engaged in a phone conversation (which is good so I am not interupted and the people that are interupting soon get the idea that I am not listening to them) and when I get calls on my second line -- if I do not notice it is blinking I rarely hear the ring as I am engaged in a conversation on the other line. I find that I have become more aware of this and monitor my second line while on the phone.
Neal
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I own a large manufacturing company and have had to make these types of decisions. It is very difficult for me to "dismiss" employees for other than insubordination or extreme issues. In these difficult economic times, people need their job badly. I too suffer from SSD and I understand your dilemma and sorry for your circumstances. The aforementioned advice is very good and I believe you should pursue the issue to protect your position as well as pursue looking for new employment. Do the best you can until you can resolve the issues to your benefit. As many employers are looking for ways to downsize without becoming the "jerk of the day" this may just be a ploy to acheive their own end. Kick up your heels and go for it......you just might win! I sincerely hope the best outcome for you.
Judy
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Connie
I am also a little late in responding. Having worked in the field you are absolutely covered under the ADA. Your company must accommodate you since you have a hearing disability. EEO has made if very clear unless they can prove a hardship (which is very hard to do) they have to put you in a job that you can do
Best of luck.
TJ
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Well, here we go again. This just rots my socks. Reminds me exactly of Scarlett's abusive employer. What's the matter with people?!
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Connie -
any news on your situation?
I've been thinking about you.
Jan
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Hi Connie,
I am sorry to hear that. I am on the phone quite a bit at work and even at 30% hear loss, by the end of the day my head feels funny and everything sounds weird. I would speak to your doctor and maybe get a letter from him/her to give to your Employer to show that you cannot do that type of job and to consider another alternative. Good luck.
Vivian
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Hi Everyone, sorry I haven't been back in a while. I have a lot going on. Things are still the same at work, nothing has changed there. I have a doctors appt. set up in a couple of weeks to talk to him about my situation, (he was my surgeon). I saw my family doctor and he said there is no reason that my surgeon won't help me, so I think I am on the right track, I just don't want to lose my job. I can't be with out work. I so appreciate all your feed back it has made me feel so much better, I was feeling kind of like a cry baby, so thank you for making me feel better and it so nice to have a place to come to where people truly understand.
I will keep you all posted on how my appt. goes. Thanks again for your feedback and positive thoughts.. God Bless!
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Connie -
don't feel like a crybaby. You have a very valid concern.
I, like most, can't be out of a job either and I can totally relate to the way you feel.
I hope your doctors will be able to help you and that your employer sets up to the plate and does the right thing.
Wishing you the best,
Jan