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NEED HELP IN NY-IM REALLY ABOUT TO HAVE A BREAKDOWN :( New York

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  • NEED HELP IN NY-IM REALLY ABOUT TO HAVE A BREAKDOWN :( New York

    Please assist me: I am a full time worker for a European Company that is new in the states. They have about 15 employees based out of the US and about 400 internationally including Canada and Europe.
    I have been with them for about 18 months from which they recruited me from a previous position which I held for 4 years.
    I recently got diagnosed with arthritis related maladies. I have never missed work and am a workaholic. Recently my hand and foot have been getting inflamed as when the doctor's ordered I stayed home I still limped and crawled to work to appease my superiors.
    Two weeks ago I got a major attack where the doctor instructed me to stay in bed under medications. My boss seemed to turn a new leaf with me asking when am I going to return to work and the emails and calls became less than positive.
    Then after being ill from work just 9 days-he sends me a letter with an attachment with a disability application. He then says he has a business to run and he will appoint someone to replace me. He then said when I am able to return to work he cannot promise he will have an 'appropriate' position for me if any.
    I am in total confusion. I responded these past two days, granted its the weekend, insuring them how much I love this position and I would not want to be stuck in bed if it was up to me. I am totally falling into a depression not knowing if I have a job or not and whether this is legal, a scare tactic-I'm lost.
    Another aspect of this is that I just received a promotion last month in title not pay. Also when they hired me, I was afraid to join a new company here in the states and they gave me a contract assurance letter that they will guarantee me my salary til Jan. 2008. I know now since I have built the business for them they can find someone cheaper-is this their way of getting me out. Are they allowed to do so? I have had no life working non stop to build their presence here and I am turned aback by all this.
    I am embarrassed to even tell anybody because I dont want to admit to myself that I may live to get chronic arthritis. But I just needed to fully recover as per the doctor's orders.
    Can anyone assist me in this matter with your expertise. What do I do now?
    I cannot afford to live on $170 short term disability-but I dont want to. With reasonable accommodation I am good to go and make magic happen at work.
    Please-reply.

  • #2
    What kind of accomodation are you asking for?
    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
      calebny

      Thanks for your reply.
      All I ask is that I am able to see the doctor if I have anymore attacks. I dont mind working extra hours. That is never an issue with me. I am not asking for much.
      I just want to be appreciated again and not blamed for being ill.

      Comment


      • #4
        You don't qualify for FMLA (Family Medical Leave Act) - not enough employees.

        Re your employer accomodating your arthritis by allowing you to take time off work for doctor's appointments & taking off work for flare ups could pose an undue hardship on your employer particularly since there are only 15 employees. Do you need any other accomodation at work in order to do your job due to your arthritis? I'm not positive the ADA (Americans With Disabilities Act) will protect you due to the possible undue hardship to employer.

        I don't think the employer is doing anything illegal here - hold for other replies & see what they think about the ADA accomodations you need. Arthritis can be an ADA disability in some cases- just not sure about your case & accomodation you need.

        add info: I might mention employer must have 15 employees or more for ADA to apply -you mentioned has about 15 employees -might they have 15 at least?
        Last edited by Betty3; 11-11-2007, 05:42 PM. Reason: add info
        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


        • #5
          calebny

          But if I am able to go back to work and want to. Even if I dont want to ask for any reasonable accommodations-can they deny me the right to work. I have been out no more than 2 weeks if you count consecutive days (all medically excused).
          I am a stellar employee-never a problem. Can they force me to take disability?
          I have given my all to this job. Since this job, I've started taking Wellbutrin and Lexipro and now this happens.
          I dont want to lose this job as I have worked very hard to build it.
          I think they are trying to push me out. please help.

          Comment


          • #6
            calebny

            I received the email from him on Fri. I, now, have sent 3 emails alerting them how much this job means to me. I told them I am able to return to work per doctors orders by Mon or Tues. I want to come back. I have not received any reply. I do not know what to do. Should I go in tomorrow. This is all too much I can handle.

            Comment


            • #7
              I don't think they would want you to go out on disability if you can work. Can you call your employer tomorrow & let them know the dr. has approved for you to return to work (may need a note from dr. re this) & see what they say.
              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
                calebny

                Betty, thanks for your reply. I have been trying to contact him but he is not replying. He has left me various demanding emails (and I understand that he's the boss and work has no sympathy) but can they force me out?
                Even with the agreement that they will have me on board til 2008?

                Comment


                • #9
                  Whether or not the agreement is enforceable is not something we can answer. Only a lawyer who is versed in contract law can tell you if it is or not.
                  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


                  • #10
                    calebny

                    I have been under doctor supervision and have the notes to verify. He approved for me to return as of Tuesday upon seeing him first. I am finally able to walk again, not run, but still want to work. I always worked since I was 16 and could not imagine not working especially with the holidays around the corner.

                    Comment


                    • #11
                      CalebNY - do you mind my asking what your job title is & particularly your job duties. Thanks.
                      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


                      • #12
                        calebny

                        Hi I want to be discreet-thats how scared I am. I work in a customer service driven atmosphere where I am always on my feet answering customer questions and appeasing them at all times. I am a Supervisor- a manager.
                        I have beenover performing since I started this post. Until this hit me.
                        So I am trying to see what I can do. I am afraid as I am on my own here. I rely on my paycheck to survive. Nobody else help me. I never even thought of disability insurance and having them attach a form to the email really caught be sadly. I never even applied for unemployment and wouldnt know where to start and whether I am eligible.

                        Comment


                        • #13
                          calebny

                          Thank you Joec for your advice. Ive only informed 2 friends since I am embarrassed and saddened by all this.
                          They directed me to contact an attorney. I went online but since this just happened this weekend many of them are closed.
                          My friends believe they are using this excuse to get me up since they squeezed all my juices out and can hire someone at a lower rate. Whether thats the case, I am disappointed because I have given my all. Working outside my salaried 40 hours and now this happens.
                          I am just not sure at this point what to do. Am I to report to work? Am I forced to apply for disability? Am I supposed to apply for unemployment?
                          Do I start to look for a new job? What if my boss doesnt reply to me.

                          He stated in his email that my last paycheck will come from the company this Wed and I should use that date on my Disability. BUT he also said: they will find someone to replace me and cannot guarentee a job will be open when I return.
                          He knows I plan to return this week on Tues after seeing my doctor in the morning. This will not cut into my work time as my shift that day is 2 thru 10.

                          This is too much. I never expected this.

                          Comment


                          • #14
                            CalebNY - do as joec suggested & talk to an attorney & see what they can do for you. They can also answer all of your questions.
                            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


                            • #15
                              Letting you take time off during work hours to see a doctor may or may not be a reasonable accomodation. What is reasonable varies greatly with the job and the employer; what might be reasonable for one position might not be reasonable for another; what is reasonable for IBM might not be reasonable for a company with only 15 employees. I agree that discussing the situation with an attorney might be the way to go at this point.
                              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

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