Can they do this to us at work?

I was off 8 weeks on STD with my hyster. Came back to full time job that was WAY too much to endure. I kept trying to shorten my days or hours and got harrassed about that. Got harrassed about how I did my job, the "productivity" quota (medical visits I did for an agency). Got constant criticism re my performance. (It's agency wide..all staff are being ridden like this..almost abusive).

So after 6 weeks of this, with most of the day spent driving long distances in the car to do my job, I succumbed to chronic abdominal pain, weakness, and now back pain. So last Friday I went to see my doctor who put me on 3 weeks of light duty. She said I "way over did it" and was very concerned.

Now, I know if I go back to this same position, even if released in 3 weeks or 6 weeks, I am going to be right back where I am...pain, bloat, and who knows what else. But I need my medical insurance and my income, of course.

I told them today that I did not believe that I could do the job in the future. I did NOT give my notice, but asked for help with a transfer into another job that was light duty, like an office job.

I got no answer except there is no other job and I would be expected to perform at 100% if I came off light duty. In other words, I would be forced to quit...either fired or I'd resign. Not sure which.

My question is, can they do this? Can they force someone out of a job by refusing to provide them with a position that does not threaten their health, if they become ill or differently abled in the current job?

Anyone had this happen to them or know anything about it? I am not looking for legal advice, only opinions or experiences with a similar situation...thanks!

P.S. You can see that I get absolutely NO support at work. Such a nice place.

Love you gals!



Deb

Hi there, <oops- no legal discussion, please> if I were you, I would spend some serious time documenting EVERYTHING!! Hope you are feeling better
It is 36 degrees outside here, and I am awfully warm, hummmmmm, , HEEHEE
Kitty

I am with Kittyprincess, document everything you can remember and everything from here on out(especialy if there were co workers around that witnessed any discutions, I know you do not want to drag them in to this but it may be something that has to be done to save your job.)
<oops- no legal discussion, please> find out what your rights are in your state.

You are in my prayers

Angel314

Are you sure you will be in pain forever? What did the doctor say, other than suggest 3 weeks of light duty?

I don't know the size of the business you work for, but if of sufficient size , and you have been there 1 year, your leave qualified for FMLA. FMLA protects your job (or rights to a similar job if your's no longer exists), though they are not required to pay you.

Do you have long term disability coverage? If so, any chance of getting on that now that STD is over?

<oops- no legal discussion, please>

You may be protected by law<oops- no legal discussion, please>

Most of us in the USA are under "at-will" employment contracts, which means that you can be let go any time for any reason at all, or no reason. So even if you may be protected under some kind of disability law, your boss can still fire you because he doesn't like your shoes.

I hope you can find a better situation soon.

I think that the family leave act, unfortunately, allows for 6 weeks leave. I hope this isn't so. <oops- no legal discussion, please> I'm worried about my job too.

Seems to me that Ohio is an "at will" state, now that you mention it.

There were 12 weeks of FMLA..I've used 8. If given another 4, it would be without pay as the STD is only approved if you are totally disabled (though temporarily) to work. No one's mentioned that possibility to me, but not sure that it would matter if I can return to the same work anyway.

Truth is, I can no longer do the job and it will only bring on more problems in my recovery. I am not going to risk that...

The other part is, I don't need these type of people and this type of work place in my life anymore. I have hated it so much and it has made my life so miserable these past 2 years. They have been totally hateful/mean to me (and others) during this whole year of sickness and surgery...

I do believe this is God's way of opening a door and forcing me to take a chance and make a choice. Actually, it's not so much a "choice" as it is definitely necessary to protect me from further injury/illness.

So really, I don't care. I just wondered if legally they can force someone out this way...guess they can. After what I've been through just this week I would not want to remain there one more minute.

However, I will stay on "light duty" until released so I can save up some money...in the meantime I will start looking at other places to work.

Ya know, I really don't want much...just nice, happy, friendly, caring people to work with. And enough money to get by and have a little extra. I feel a sense of peace and like something really good is going to come out of this horrible experience. I really do...

Love, Deb

Hi,

FMLA allows for up to 12 weeks of leave for a serious illness, illness in the family, or the birth or adoption of a child.

ADA (Americans With Disabilities Act) provides job protection if you are disabled (not sure if that includes temporarily or permanently), however, it only protects your job if you are able to perform the job. It does not protect someone's job if they are unable to perform their duties.

<oops- no legal discussion, please> see if you have any protections from your employer; also, contact the state Employment Agency (regulatory commission regarding employment - ours in Texas is called the Texas Workforce Commission, but it used to be called the Texas Employment Commission).

I hope this helps. And I hope you make a full recovery.

Best wishes,

Nana

Bichonese....Sounds like you have your head on straight. Hang in there to keep your benefits, but be looking for a new, better place.

You are right......the rain always comes before the rainbow!!! Good luck. My prayers shall be with you.

Back a few weeks ago I said there were 4 things that emerged out of my 8 weeks as needing to change for my life to turn around and get better.

Obviously the first was my health and getting through the surgery.

Second and third had to do with financial matters...both resolved.

Fourth is this hellish work place...how to get out to a better place to spend my 8 hours a day, 5 days a week. To be happy in my work.

This last is the hardest transition of all to face, but it is happening through no effort of my own...it is just emerging as what I have to do and the road is clear...where it is leading is unclear, but that's ok. I have this confidence and courage...it has to come from outside of me because inside I am "shakin' in my boots!"