Announcement

Collapse
No announcement yet.

Performance issues, depression / anxiety, return to work tomorrow Wisconsin

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

  • Performance issues, depression / anxiety, return to work tomorrow Wisconsin

    mods please delete
    Last edited by powerplant; 01-26-2016, 05:32 PM.

  • #2
    I've closed your duplicate thread - it's really not necessary to post more than once. All the responders read all the applicable threads; you will not get more or better answers by posting multiple times, and it's easier for the responders to have all the information in one place.

    I have some questions for you, and they make a difference to the answer.

    1.) How long had you worked for this employer before you went on leave?
    2.) How large an employer is it?
    3.) How long were you on STD?
    4.) What kind of performance issues are we talking about?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      I've closed your duplicate thread - it's really not necessary to post more than once. All the responders read all the applicable threads; you will not get more or better answers by posting multiple times, and it's easier for the responders to have all the information in one place.

      I have some questions for you, and they make a difference to the answer.

      1.) How long had you worked for this employer before you went on leave? 17 years
      2.) How large an employer is it? 600 employees
      3.) How long were you on STD? About a month
      4.) What kind of performance issues are we talking about? Not going into work due to anxiety and not telling anyone / lied to my supervisor about where I was.
      Hopefully this helps
      Last edited by powerplant; 01-26-2016, 05:39 PM.

      Comment


      • #4
        Sorry for the double post... I wasn't sure which topic to post under.

        I'm trying to tell myself that the lawyer is going to be there to help the company determine if they should meet or deny any reasonable accomidations I may make but it still has me worried.

        Comment


        • #5
          Are you talking about a no-call, no-show?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            There are no circumstances where not informing your employer you need to be out and or lying to them is acceptable. Those are valid and legal reasons to discipline or terminate.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Even if FMLA (job protected leave) would have applied or the ADA applies, an employer can still discipline you or terminate you if they would have taken the same action if FMLA or ADA did not apply.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                I think I understand what you folks are saying.

                To clarify... I was in the middle of a panic attack when I made the poor choice to lie about where I was. Does this matter at all?

                I had my meeting today, they talked to me for over 3 hours and a lot of details were discussed. Now that they are aware I have a mental illness I'm going to be more open with them if I have any issues in the future. They did say that they were going to dicipline me for the dishonesty which I understand. All I kept thinking was if they are diciplining me then that must still have a job.

                Quick question that's bugging me. Company policy requires disclosure of mood altering medications. I thought that ADA protects from having to disclose if you don't want to. Which one is right?

                Comment


                • #9
                  I was in the middle of a panic attack when I made the poor choice to lie about where I was. Does this matter at all?

                  It doesn't mean they have to overlook, forgive or ignore it, if that's what you mean.

                  You are not required to disclose any condition for which you do not want an accommodation. But they have no obligation to accommodate any condition for which you have not made a disclosure AND for which you have requested an accommodation. Even just disclosing the condition is not enough for them to have to accommodate. They have the right to know about any circumstances for which there might be a legitimate safety issue, as well.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    So really the ADA doesn't help me much even though I have 10 years of documented medical history regarding my mental illness. From what I can tell the only thing the ADA does is allow me the right to ask for reasonable accommodations.

                    Can you give some examples of reasonable accommodations for depression / anxiety related issues? My only problem is an anxiety issue when traveling alone outside my comfort zone (over an hour away from my house). Is it too much to ask that another co-worker travel with me or assign my travel duties to someone else?

                    The lawyer yesterday indicated that he didn't think assigning a co-worker to drive me around was reasonable to which I replied that someone else could cover my single area that requires this extended travel. I do travel to conferences throughout the country however this is always with other co-workers from my department which whom I'm comfortable with and has never been a problem.

                    Comment


                    • #11
                      The ADA was never intended to do anything but level the playing field. It requires reasonable accommodations (which can vary with the job) to allow you to perform the essential functions of your position. It was never intended to give you additional rights over and above non-disabled employees. It was never intended to force employers to overlook poor performance. An employer is never, under any circumstances, require to overlook poor performance OR to dis-accommodate other employees.

                      Whether or not it would be reasonable to send someone else with you, or just plain send someone else, depends on your job function and how much it would interfere with the other employee's duties. If an essential function of your job is travel, then sending someone else is not reasonable. If sending someone else with you would interfere with their getting their own job done or require the employer to hire someone else, that is not reasonable.

                      I get the impression you think the ADA is something like Harry Potter's invisibility cloak and requires the employer to more or less give you free reign, pick and choose only the duties you are comfortable with, and overlook any negatives in your performance or work product. If so, I assure you that you are wrong.
                      Last edited by cbg; 01-28-2016, 01:28 PM.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        It would not be reasonable to reassign territories so you can stay closer to home, nor pay to send 2 employees just so you won't be anxious. How often are you travelling? It might be reasonable to allow you to bring a spouse or friend with you, at your expense. It isn't entirely clear that ADA even applies here. If the only restriction is you can not travel alone more than an hour from home, that isn't sufficiently limiting enough that ADA would apply.

                        As for what reasonable accommodations exist for anxiety, there are too many to mention, and it is a case by case analysis. What works for one, will not work for another.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment

                        Working...
                        X