Americans with Disabilities

[msuscottie]

Forgive me is this is similar to other posts, but I don't understand the AD Act and our rights. When I was diagnosed back in 2004, I was a Director in my company. I had my surgery, was out for 6 months, came back and took a lower level job because I couldn't travel or work quite as much anymore. Then, before my second surgery they told me that they were eliminating my position but had another one for me when I returned if I wanted it. Of course I took it cause I needed the income and insurance, but since my first surgery I've basically been demoted twice and lost about 30k in salary per year. If they were to fire me for some reason, do I have a case?

[Battyp]

I'm in the same situation and have been doing some research. 
www.eeoc.gov/ada, www.eeoc.gov/policy/ada/html  see if either of those gives you the info you need.  I sent an email to the eeoc explaining my situationa and should hear back soon.  They had a specific thing for hearing impaired and cognitive impaired people...I fall in both categories according to the description.  Hope that helps!

[Survival Nate]

hey I was gonna post that LOL  thanks Batty

[msuscottie]

Thanks guys, every day I feel like they're just looking for a reason to get me out of here because I'm "limited" in what I can do. I can't travel, I can no longer put in 60 hour weeks, and the public speaking thing isn't something I'm jumping at the bit to do. I'm just waiting for them to fire me one day because my shirt is wrinkled or some other stupid reason, and I want to be prepared.

Thanks again.

[Battyp]

I'm in the process of trying to decide if I've been let go and not told.  I really don't want to call HR and find out I just want to know what is going on with my health insurance  LOL  I decided after the way my boss treated me through all this I wouldn't go back to work for them.  Not that the doctors are letting me anyway.  How can you work with all that stress?  Not good for us you know!  look at those web sites they'll give you an idea of what you can expect.  Also you can contact vocational rehab and they'll provide you with a job coach if need by and interventions with the higher powers that be and make sure they know your rights and let them know you know your rights! 

[Laura]

Scottie,

What is it you do now and what did you do previously?

I hate to hear all of these job related stories; they are very scary. As if AN'ers don't have enough to deal with!! It would be nice to know your company is there for you as you have been there for your company!

Good luck

Laura

[msuscottie]

Well, I've been with my current company for just over 5 years. I started in 2001 as an Advertising Account Coordinator, was promoted in 2002 to Communication Manager (Dept Mgr) promoted again in 2003 to Director of Communications, diagnosed with my AN in 2004, came back to a "lateral" move which was actually a slight demotion in 05, then went out for my second surgery in feb 06 and came back as a Advertising Accoutn Manager, just slightly above what I was hired in as over 5 years ago.

hardly seems fair?

[Laura]

Wow Scott, you sound like were on the fast track and NO, it doesn’t seem fair. It does sound like they are trying to slowly push you out the door without being obvious. Your job history sounds very much like mine with my current company. I have been here for 5 years this past July. I started as an auditor, was promoted within the year to a newly created position, and then promoted again a year and a half later. I thought about investigating action against my company for discrimination. They hired another girl while I was pregnant and I had to train her on everything I knew (no one else in the company knows how to perform my job duties). I had my little girl on October 15, 2005 and chose to be out for 10 weeks of the 12 weeks covered by FMLA. The new girl covered my job while I was out but had questions ALL THE TIME. I returned to work right after Christmas and unfortunately fell ill with pneumonia at the end of January and was hospitalized; therefore, I used the remaining 2 weeks of my FMLA. Our company reviews were due in February but before the company would give me my review they pulled me into a closed-door meeting. They informed me that since I had been out so much over the past few months they realized they didn’t need two people to do my job. I had the option of staying full time, or since I was a new mom and probably wanted to be home with the baby, I could drop down to 20 hours a week. I really felt like they were pushing me to take the 20 hours a week but since I had “seniority� they would let me decide. Knowing how my company works I knew that 20 hours would soon be 10, then 5, then none so I opted for the full time option. I then received my review and was given a lesser raise then the girl I had trained and walked through EVERYTHING while I was out of the office. Oh, I was TICKED! But the company got theirs in the end… she quit not long after that and took a lesser paying job because she hated this one so bad. So now we are back to no one else knowing exactly what I do and I must say… I like it that way J

I do hope things work out for you – please keep us posted!