Announcement

Collapse
No announcement yet.

confused and depressed Pennsylvania

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • confused and depressed Pennsylvania

    hi all sorry if this is not in the right forum..ive been working in a steel mill now for 3 yrs..i went for my annual phisical nov 18 and havent been back to work since. the company decided they dont like the perscription drugs im on and wont let me go back to work even after everything was verifed by my dr and he put on paper for them that i was able to work and work safely. the funny thing is that these are the same drugs that showed up last yr when i had my phisical and there wasnt a problem then, i worked all yr.ive never hurt myself or anyone elese at work. i dont miss alot of work and im never late. the union pres told me they wanted me to take a s&a form to my doc and have him put on it that i can work with no restrictions and while on my meds and he had no prob at all doin this for me and i turned it in,2 weeks later im gettin s&a checks..how can they do this when the s&a form i turned in clearly said i should be at work? any help would be greatly app i dont know what to do i just wanna get back to work..the union pres is tellin me the company dr says i cant work safely while on these meds....how can he say this when he never even met me and i have a perfect work record? thank u for taken the time to read this..... also the rumors goin around the mill for the reason im off are just unbeleivable.my reputation was that i was a really good worker now when i do go back i gotta face all these people after bein called anything from an alcoholic to a crackhead friends of mine told me they even heard bosses spreadin rumors...my reputation is shot!!!
    Last edited by gixonek; 01-02-2009, 05:19 AM.

  • #2
    You're probably out of luck.

    Your doctor is not the one who determines whether you can do a particular job - the company is. They have the responsibility to ensure safety for all of their employees, customers and the public. If the employer says that a certain medication is not consistent with safe operation of the equipment, then they have the absolute right to stop you from working.

    You can either see if your doctor can prescribe something different - or find another job.

    Depending on your union rules, you MAY have a third option - your employer may be required to put you on light duty work until you're able to work without taking the offending medication. You'd have to ask your union steward what the rules are.

    Comment


    • #3
      Originally posted by gixonek View Post
      hi all sorry if this is not in the right forum..ive been working in a steel mill now for 3 yrs..i went for my annual phisical nov 18 and havent been back to work since. the company decided they dont like the perscription drugs im on and wont let me go back to work even after everything was verifed by my dr and he put on paper for them that i was able to work and work safely. the funny thing is that these are the same drugs that showed up last yr when i had my phisical and there wasnt a problem then, i worked all yr.ive never hurt myself or anyone elese at work. i dont miss alot of work and im never late. the union pres told me they wanted me to take a s&a form to my doc and have him put on it that i can work with no restrictions and while on my meds and he had no prob at all doin this for me and i turned it in,2 weeks later im gettin s&a checks..how can they do this when the s&a form i turned in clearly said i should be at work? any help would be greatly app i dont know what to do i just wanna get back to work..the union pres is tellin me the company dr says i cant work safely while on these meds....how can he say this when he never even met me and i have a perfect work record? thank u for taken the time to read this..... also the rumors goin around the mill for the reason im off are just unbeleivable.my reputation was that i was a really good worker now when i do go back i gotta face all these people after bein called anything from an alcoholic to a crackhead friends of mine told me they even heard bosses spreadin rumors...my reputation is shot!!!
      You are not out of luck. Please find a competent employment attorney and see what he says.

      If your union president doesn’t go to bat for you, you are going to have to find an attorney to represent your interests.

      There are more ways to skin this cat than one. The union has an obligation to represent you in this matter and your employer's representatives are committing a tort by defaming you in the workplace.

      Your employer is going to have to answer for their position in relation to your medication and why it has changed since your last evaluation.

      They cannot just tell you you cannot work without more information

      Please do not rely on any "advice" you get on this message board. Get yourself an employment lawyer.

      Eric

      Comment


      • #4
        It is appropriate for a company to require that an employee be certified as fit for duty if there are reasonable grounds to question if the employee may not be fit for duty. If you work in a job where there is a potential danger to self or others (e.g. work with machinery where you could get injured) and are on mediucations which could impair you then it could be reasonable for the company to not allow you to work IF they make that decision based on competent medical authority.

        If I understand your post correctly, your own doctor has certified you as fit for unrestricted duty. Therefore unless the company has another medical expert saying just the opposite and has reasonable grounds to believe that second opinion is the more accurate one, then it sounds to me like the company is acting on their own belief and treating you as if they regarded you as being disabled. The fact that you've been working there a year on the meds without injury seems to support your side and weaken the employer's belief in regarding you as if you were disabled.

        If I have understood the facts correctly, and there are no other extenuating factors you have neglected to mention, then it appears probable that the employer is violating the ADA. If you have been unsuccessful in resolving this with your employer and the union is not helping you get this internally resolved, then you have the right to file a complaint with the EEOC.
        The only thing spammers are good for is target practice.
        No trees were destroyed in the sending of this message, but a bunch of electrons and phosphors have been a tad inconvenienced.

        Comment


        • #5
          thanks

          first id like too thank you guys and girls for taken the time to read this for me. This still isnt resolved so im gonna make a app to talk to a lawyer so i can see what my rights are. My union pres is still given me the run around he dont answer my calls and rarely calls me back when i do talk to him he blows smoke up my butt and tells me hes doin the best that he can..theyve been (the company people)pesterin my doc tryin to get my scripts changed. I dont see how this could be legal...ive talked to my doctor and he said hes not changin them. he dont beleve theres a prob with me workin with what im on hes put it on paper atleast 3 times now but that dont seem to mean anything to these co people. the day this all happened the co doc the nurse and the union pres all stood in ft of me belittleing me sayin theres no way a doc writes a script for both of those its either one or the other they also went on to say i shouldnt even b driving..ive never been in accident in a car or at work..im always lookin out for my co workers too.... they should worry about all the people that go to work drunk and all the illegal drugs goin around this place i get tired of babysittin these people and im the one on trial!!! thanks again

          Comment


          • #6
            Originally posted by The Masked Poster View Post
            It is appropriate for a company to require that an employee be certified as fit for duty if there are reasonable grounds to question if the employee may not be fit for duty. If you work in a job where there is a potential danger to self or others (e.g. work with machinery where you could get injured) and are on mediucations which could impair you then it could be reasonable for the company to not allow you to work IF they make that decision based on competent medical authority.

            If I understand your post correctly, your own doctor has certified you as fit for unrestricted duty. Therefore unless the company has another medical expert saying just the opposite and has reasonable grounds to believe that second opinion is the more accurate one, then it sounds to me like the company is acting on their own belief and treating you as if they regarded you as being disabled. The fact that you've been working there a year on the meds without injury seems to support your side and weaken the employer's belief in regarding you as if you were disabled.
            I don't think it's so clear cut. As an employer, if the employee brings in a generic statement from a physician saying he can work and my company doctor (who knows exactly what the employee's work entails and what the risks are) says otherwise, I'm going to default to the company doc. Even if you don't give preference to the company doc, though, as an employer, I'm going to say "if this person has an accident, someone could be seriously injured or killed and there is some question as to whether he can safely do the job, so I'll err on the side of safety" and that's a reasonable position. Do you have any idea how many people could die if a steel mill worker makes a major mistake?

            Whether he has worked there for a year or not really isn't that convincing. There are people who drive drunk for years without an accident, too. Does that mean that driving drunk is OK? The company could say they just learned about the meds. Or perhaps the job description has changed. Or any number of other things.

            Bottom line is that the employee is admittedly using a medication which the company considers to be inconsistent with safe operation of the equipment. I wouldn't want the employee working there, either.

            Comment

            Working...
            X