Wondering...something doesnt seem right to me

[Lestat44]

I will try to make this short but its been going on for a while. I work here in NH and I had to go on FMLA for surgery. After a month I was released to go to work w/o restrictions to see how things went. Needless to say it didn't go well and I was forced to stay out of work again for a month. ( mind you the area I had surgery can affect my job if no accommodations are given).
My doctor then had me ask HR about a lot of different options he was willing to go along with in an attempt to get me working again (mind you a person in my Dept with the same job is allowed 1 of the options that was asked for)...i was told "no" to them all and if I'm not 100% don't come back. This has gone on for 4 months, then 3 weeks ago i was to the Doc was specific enough on his restrictions and they might be able to now work something out. I tried to make a appt asap with the Doc got a new set of shots to try another option to speed things up. I got home and called HR and was told my position no longer exists and this decision was made a few weeks ago. yet they have postings on their website showing an opening for my exact job and shift but also same job on a different shift, along with at least 1 job I am qualified for that I can do even with the restriction the doc has given. Oh and the other thing is this might take up to a year and maybe longer to heal to have me work in this field. I guess I want to know what you think about this..what should I do and what can I do if anything at all. Sorry this is so long

[moburkes]

How much time have you been off, due this this surgery?

[Lestat44]

appox 4 moths total. FMLA was over and done with by the time I was told my job no longer existed

[moburkes]

Originally Posted by Lestat44

appox 4 moths total. FMLA was over and done with by the time I was told my job no longer existed

I don't see, then, that they did anything wrong.

[Lestat44]

k just wondering...I keep getting legal to do and morally correct mixed up when it comes to business... i just thought it was really odd to accept restrictions for one person and refuse the same restriction for another..oh well such is life..thank for your time

[ElleMD]

There are sometimes very good reasons to do this such as one person falling under ADA and the other not. If you just need this temporarily while healing ADA would not apply.

[Kick Me]

Lestat44, if you don't mind disclosing your medical situation we might be able to help you determine if indeed you are precluded from ADA protections where you or any other job is concerned.

Thanks,

KM

[Lestat44]

I don't think the ADA will count with the exemption if a clause I read but not sure if it was a real thing or not, and sorry it took so long to respond really thought the thread was done being talked about and I don't check my email often.

Anyway, I don't think the other person falls under the ADA either but I don't know for sure.

The reason I don't think the ADA will apply to me is due to the fact that the only thing this really is affecting is work for the most part and yes it is most likely temporary.

I did go to a festival this past weekend and was walking for a few hours with some pain but was ok for that period of time thing is it still hurts every so often and I haven't pushed that hard since then. My job requires I stand for 10 hours a day on concrete floors..not that the job needs to have you standing but that is industry standard due to some study that was done years back.

the 2 clauses that I was wondering if were real and if they apply if they are real..
1. If this was looked at as a disability in the eyes of the company and I was let go due to that
2. I read somewhere that the ADA also allows for something along the lines of if the injury etc will keep you from getting a similar job w/similar training within a radius of your home or something like that

How what is bothering me has been described is I have a lot of scar tissue pressing on the deep perennial nerve and is causing chronic pain the longer I stand or walk. I have gotten 2 series of shots now and will continue 1 set a month as needed to try to soften the scar tissue up to alleviate pressure.

Also something else that has been troubling me.. I was told me job was no longer available on the day that they thought I was going to be able to return to work and that I was terminated as of that day.. until i told them i wasn't released to return and then was told well nothing has changed then..call me when you can return...whats that all about? That just a legal way to try to get out of paying the short term?

[ElleMD]

If it is temporary and this is the only job it affects, then ADA does not apply. There are provisions under ADA for those who do not have disabilities but the employer perceives that they do, and part of the analysis to determine whether or not it is a disability includes looking at whether or not you are precluded from performing a broad class of jobs for which you are qualified and are available in your general area. Since you admit this is the only job you have trouble with and it is a temporary condition, neither applies.

It sounds like as your FMLA has expired your position has been backfilled, but you are welcome to see what is available when you are able to return. Have you applied or expressed interest in the job you saw was vacant and you were qualified for within your restrictions?

[Lestat44]

yes I have asked about other jobs with-in the company and am told that there are no openings..anywhere (but like I said they have openings on there website that I qualify for as well as the job I did hold that Im told isnt available)..oh the comment I loved the most was when I asked about any openings in the office.." our office people have skills" ..give you an idea of what I have been trying to deal with. I know thats not a legal point but...all this together..just seams personal and just blows my mind that companies can do this stuff to people legally