Author Topic: Job Problems  (Read 7818 times)

positive

  • New Member
  • *
  • Posts: 8
Job Problems
« on: April 04, 2006, 07:59:16 pm »
I had a translab in December and returned to work in March. I have single-sided deafness.  I thought I would do okay but the office staff are really mean about me being on sick leave.  They constantly make fun of my symptons; i.e. imitating being dizzy, asking the person they are talking to, do you need a hearing aid?  I have missed an office meeting because no one told me or emailed me.  The nurse at our facility has asked my boss to rearrange my work cubicle so that I will see the traffic in the office and be alert to my surroundings. My boss said she didn't think she could do that.  It has been app 20 days since the request was made.
My question is does anyone know if I would be able to get a disablity based on my work conditions.  I work for the federal government.  Thank you.
Surgery @ House Ear Clinic.

Raydean

  • Hero Member
  • *****
  • Posts: 510
Re: Job Problems
« Reply #1 on: April 04, 2006, 08:15:10 pm »
Please check with your Human Resource Person.  It is part of their job to work out a plan that works for you and for the company.  Since you work for the Federal Government, it's likely that they employ more then 17 (small mom and pop businesses are exempt)  there are strict guidelines that must be followed.  Start to document  the things that you have describe, who you talked to and when and what was said, and what was done.  (You can be sure that your company will also be documenting also)  In most cases by working together a solution can be found that works for both you and the company.  Do start with the Human Resource person, usually it's someone within the Personal Dept.

Look up the Americans with Disability Act for more information.

Disability is usually based on health conditions, rather then a negative work place enviroment.  That's not to say that you might have grounds for something under the ADA, which is why it's important that you talk to the HR person and document everything.

Raydean
Do not go where the path may lead, go instead where there is no path and leave a trail.

Larry

  • Hero Member
  • *****
  • Posts: 1464
  • Scallywags Rule
    • Chronologer of the PBW
Re: Job Problems
« Reply #2 on: April 04, 2006, 08:35:29 pm »
JW,

Welcome to this site.

I can't help ya re your employment issues as I'm from down under but the laws are very clear here about discrimination. What they are doing is not on. Agree with Raydean, make very detailed notes of each occurrence coz any complaint you make will require evidence. By the sounds of things, you should make a formal complaint. You are at work for a fair chunk of your life and it should be pleasant.

Is vertigo the only symptom you have, apart from loss of hearing?

larry
2.0cm AN removed Nov 2002.
Dr Chang St Vincents, Sydney
Australia. Regrowth discovered
Nov 2005. Watch and wait until 2010 when I had radiotherapy. 20% shrinkage and no change since - You beauty
Chronologer of the PBW
http://www.frappr.com/laz

Battyp

  • Hero Member
  • *****
  • Posts: 2361
Re: Job Problems
« Reply #3 on: April 04, 2006, 10:27:26 pm »
I have not read the answers to your posts but...

You are being discriminated against due to be handicapped.  BAD EMPLOYER!  Keep documents, journal and put everything you can in writing.  According to the information I have found out if the company has more than 20 employees they have to make accomodations for you. 

I went through the same problems when I returned in Jan and started emailing all questions and problems through my human resources deparment.  It didn't do much good but they are leaving me alone at this point.  I was only able to return to 10 hours a week and work from home.  I have been told if I'm not 100% the next school year I'll be let go and am in the middle of applying for social security.

I talked with the EEOC and told them what was going on and they recommended I document everything.  Emails are great because they can be used in court.  They also suggested I file a complaint which I chose at this point not to do I just wanted to know what my rights are.  I also found some books that go into detail about handicapping conditions. 
You might want to apply with vocational rehab as they will provide sensitivity training, an interpereter, make accomodations in special desks, phones, etc so that you can maintain your employment.    You can also find a good doctor who will listen and sign you out on stress related disabitlity due to your job conditions.  Don't let them force you out. 

DOCUMENT,  DOCUMENT,  DOCUMENT...I can't stress that enough.  If I have a verbal conversation with my boss I email her a paraphrased version so that I have it all on record. Especially since I'm a remote employee and there would be no witnesses if it comes down to a he said she said thing.  If the other employees are acting that way you'd be in the same situation.

I can begin to tell me how much what they are doing angers me.  I've worked with handicapped kids all my life and there are laws on the books to keep people from doing this.  You'd think the government would understand this.

They HAVE to make accomodations.  Let human resources know that you are DISABLED.  Know one wants to be disabled but..the reality for most of us is we are and employers need to understand that and make concessions.  They can move your desk around.  Heck I'll even come move it for you let me at em!

Larry

  • Hero Member
  • *****
  • Posts: 1464
  • Scallywags Rule
    • Chronologer of the PBW
Re: Job Problems
« Reply #4 on: April 05, 2006, 01:44:38 am »
Well researched Batty,

One more suggestion re emails, make sure you get confirmation that they have opened the email - return receipt if you are using Outlook, otherwise they could say that they never received it.

Our IR laws are similar to your except we have gone one step further unfortunately and it doesn't matter what size comppany it is. A co. can zap you for "economic reasons" which is awful.

Virtually no protection whatsoever.

laz
2.0cm AN removed Nov 2002.
Dr Chang St Vincents, Sydney
Australia. Regrowth discovered
Nov 2005. Watch and wait until 2010 when I had radiotherapy. 20% shrinkage and no change since - You beauty
Chronologer of the PBW
http://www.frappr.com/laz

Joef

  • Hero Member
  • *****
  • Posts: 1345
  • ** I rather be Kayak Fishing **
Re: Job Problems
« Reply #5 on: April 05, 2006, 08:05:27 am »

  Sorry to say, they are not really your friends .. I too am in a office were we pick on each other for everything, but NO ONE has made fun of my issues ... I do have a BAHA which helps a lot ... but I did work for a few months without it, I was just more careful about my place in a room at meetings . (I am in an office, so noise is not an issue, I can close the door)

  Tell them your not happy about it .. your AN issues should be "off limits" as far as office humor ... I'm not management, but I'm in the position of some power, and could make life difficult for those I wished <evil grin>  ;)
4 cm AN/w BAHA Surgery @House Ear Clinic 08/09/05
Dr. Brackmann, Dr. Hitselberger, Dr. Stefan and Dr. Joni Doherty
1.7 Gram Gold Eye weight surgery on 6/8/07 Milford,CT Hospital

Battyp

  • Hero Member
  • *****
  • Posts: 2361
Re: Job Problems
« Reply #6 on: April 05, 2006, 10:52:01 am »
I'm still boiling for you.  Just got off the phone with a church member who agreed with the documentation.  Unf. they can refuse receipt to be sent on outlook but it's def. worth a try for documentation.  I was told by an attn once...Kilroy give me your take...that if you send a piece of mail and it doesn't come back to you then it is assumed by the court system to have reached it's destination.  Espeically if you've sent a certified letter and a regular letter through the mail at the same time and they sender refused the certified letter by not picking it up or refusing to sign for it.  I would definitely in a polite way (through gritted teeth with my fists cleched) tell your coworkers you do not appreciate their humor and ask them to stop can you do it through interoffice email? or by memo?  Just remember to document when you did it, how you did it and any repercussions like increased harrassment. 

JW please update us on how things are going.  We'll bring the wench squad to kick some landlubber butt if we need to! 

positive

  • New Member
  • *
  • Posts: 8
Re: Job Problems
« Reply #7 on: April 08, 2006, 09:30:54 pm »
JW,

Welcome to this site.

I can't help ya re your employment issues as I'm from down under but the laws are very clear here about discrimination. What they are doing is not on. Agree with Raydean, make very detailed notes of each occurrence coz any complaint you make will require evidence. By the sounds of things, you should make a formal complaint. You are at work for a fair chunk of your life and it should be pleasant.

Is vertigo the only symptom you have, apart from loss of hearing?

larry

Surgery @ House Ear Clinic.

positive

  • New Member
  • *
  • Posts: 8
Re: Job Problems
« Reply #8 on: April 08, 2006, 09:37:56 pm »
JW,

Welcome to this site.

I can't help ya re your employment issues as I'm from down under but the laws are very clear here about discrimination. What they are doing is not on. Agree with Raydean, make very detailed notes of each occurrence coz any complaint you make will require evidence. By the sounds of things, you should make a formal complaint. You are at work for a fair chunk of your life and it should be pleasant.

Is vertigo the only symptom you have, apart from loss of hearing?

larry

Hello Larry, some of my other symptoms are:  taste disturbances, eye problems, headaches, nausea, tinnitus, fatigue.
Surgery @ House Ear Clinic.

Battyp

  • Hero Member
  • *****
  • Posts: 2361
Re: Job Problems
« Reply #9 on: April 08, 2006, 10:22:31 pm »
HI JW,
  Your sig line says you have the baha system..is that helping with the hearing loss?

Has work gotten any better?

My fatique has gotten a bit better this week after 4 weeks of intense therapy.  I'm also 7 mos post op so maybe my body is finally starting to heal?  Hopefully you'll catch up!  I remember at 3 mos out I all I wanted to do was sleep.

positive

  • New Member
  • *
  • Posts: 8
Re: Job Problems
« Reply #10 on: April 09, 2006, 09:20:37 am »
Hi Princess,
My work situation is not better.  Each day my manager comes up with new projects to increase my workload; still ignoring my request for Reasonable Accommodations. She is doing this to all the analysts but I have noticed they are all helping each other so that leaves the appearance that I am the only one getting behind.   I have been working extra hard to stay caught up.  I come home and cry because I have always been good at what I do and it really hurts to know that you can have 26 years with a company and get treated like this.  It was going on before my surgery so I should have been ready.  While I was out on sick leave I only concentrated on my recovery.
I have researched the ADA website and have their 800#.  I have pulled our policy on reasonable accommodations and the EEO policy.  I have weekends off but at the end of each day I am so exghuasted, I just want to rest.   I really hate conflict and would like to spend my time doing others things; such as spending time with my 21 month old grandson.

As far as the BAHA, I had the surgery only which takes 3 months to heal.  Now my dilemma is the funding for the digital sound processor.  I am checking with my ins co and Vocational Rehab.
The cost is $3600-$4000.  House Ear Clinic already had the surgery approved, so I decided to go ahead with the surgery and then after it heals try to get the sound proccessor here in Georgia.  I have been in touch with the Cochlear Company and they are going to file the insurance for me.   I am recovering from 2 surgeries.  The BAHA site was healing fine until I returned to work; I have had more swelling and bleeding.

I am so thankful for this forum.
« Last Edit: April 09, 2006, 09:30:52 am by jw1135 »
Surgery @ House Ear Clinic.

Battyp

  • Hero Member
  • *****
  • Posts: 2361
Re: Job Problems
« Reply #11 on: April 09, 2006, 07:50:43 pm »
JW,
  I'm sorry things aren't better at work.  Will your doctor write a letter to your boss explaining your conidition?  I know for me stress makes my symptoms worse so you must be going through heck!  (I'd use a stronger word but they'll just bleep it  lol)  Vocational Rehab will pay for your hearing ad if it helps you stay employeed.  They offered me one but it wouldn't work for me.   :(  One reason why I'm still out of work as I didn't want to get in the cycle your in of work, exhaustion, work, I also knew myself well enough to know I couldn't handle it.  Not knowing your situation can you go out of partial disability to reduce your work load and stress?  My doctors were willing to sign the documents I needed to stay employeed and give me time to heal.  I realize financially I'm taking a  hit but...I had to chose between my sanity and my job and my sanity won.  Have you applied for social security?  You mentioned you'd been with the company for 26 years..can you take early retirement?  If I was you...I'd start filing with the ADA or eeoc.  It doesn't sound like things are going to get any better until you stand up for your rights.  Please please please make sure you are documenting with dates what is going on.  Keep a journal and document what happens, how you feel etc..so if push comes to shove you don't have to try to rely on your memory right now.
Apply for social securtiy disability and see where it gets you.  So far I'm doing mine myself and was told you have to be denied before you can hire an attorney to help. 

I'm glad you found us too!  You're just a hop skip and a jump from me I'm in FL.

Hang in there brighter days are coming! 


Raydean

  • Hero Member
  • *****
  • Posts: 510
Re: Job Problems
« Reply #12 on: April 10, 2006, 04:35:52 am »
I've heard that if you're working when you apply for Social Security Disability, it's a sure thing to be denied, based on the fact that you're able to work.  You may want to check on this  before applying so it doesn't become an issue later.

Another point is Social Security wants to know if you're able to do any job, not necessarily a job within your field or at the same rate of pay.

Best to you
Raydean
Do not go where the path may lead, go instead where there is no path and leave a trail.

Battyp

  • Hero Member
  • *****
  • Posts: 2361
Re: Job Problems
« Reply #13 on: April 10, 2006, 08:39:51 am »
I'm on partial disability and no one has questioned my ability as of yet but I made sure to explain to them I'm not doing my full job I'm only working from home monitoring paperwork at the moment.  I was told by an ortho doc that if I'm able to drive in ss's eyes I'm able to work.  I'm not a safe driver by any means and have to limit when I drive.

I've also read that if you go through vocational rehab and they deem you disabled it helps your disability claim which I was.  But do not know if there is any correlation yet.  And yes they want to know if you are able to do anything even if it's considerably less than what you are currently making.  They also have a new program that if you are on disability and want to go back to work they continue to pay you while you are transitioning and if with in a certain time frame can't maintain your employment automatically enroll you back in the program.  I've also heard it's easier in some states than others to get disability.


GM

  • Hero Member
  • *****
  • Posts: 501
  • I hate annual MRI's !!!
    • My Blog Page
Re: Job Problems
« Reply #14 on: April 10, 2006, 10:39:34 am »
JW,

I too am a federal employee...I work for the Navy.  Check out this site:

http://www.donhr.navy.mil/Employees/eeo.asp

and click on the "Equal Employment Opportunity Policy Statement" link it has a part that states:

"It is essential that we maintain an environment free of harassment, including verbal, or physical conduct that creates an intimidating or hostile work environment for any individual."

I'm sure that if you search your human resources area you'll find a simular document.  As a federal employee you have rights and being harassed like a 4th grader isn't tolerated!  Document, document, document!  Tell your supervisor your situation, if nothing happens let them know you're going over their head and work your way up the chain.  I'm sure somebody has an "Open door policy" that you can take advantage of.  Just be sure to work your chain of command. 

Gary
Originally 1.8cm (left ear)...Swelled to 2.1 cm...and holding after GK treatment (Nov 2003)
Gamma Knife University of Virginia  http://www.medicine.virginia.edu/clinical/departments/neurosurgery/gammaknife/home-page
Note: Riverside Hospital in Newport News Virginia now has GK!!