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advise please- problems with my employer

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    advise please- problems with my employer

    I have not been dx yet... I had optic neuritis 9 years ago in my left eye. I have a mid-management position at a large manufacturing plant. I am a lead in the shipping department. It was decided 2 years ago that my position would begin driving a yard truck as half of our job. Unfortunately, I argued with management that i did not want to operate the truck. After being forced to learn how to drive I suffered a shoulder injury, resulting in 18 months of appeals with workmans comp and a surgery.

    In the fall, I was released by the surgeon to drive again. One of my coworkers had a bad accident and it was decided that we must get our Class A CDLs. (we do not drive on the road) Once again I argued with management. In January, I approached HR requesting a demotion, I have experienced severe anxiety attacks while driving the truck. The stress of driving the truck is too much... I had not heard back from HR when I ended up with optic neuritis in my right eye, in Febuary. I was given an excuse from my neuro-opth. that I cannot drive in an industrial setting. My boss gave me a written warning and stated I must obtain a CDL permit within 30 days.

    He will evaluate my negetive attitude at 30, 60 and 90 days. this could lead to my termination ( I have worked here 20 years, no bad reviews until now). I said I have the formal excuse that I can't drive the truck. He said I must get the permit so I will be ready for the test when the Dr. releases me. The neuro-opth stated that I have severe damage to both optic nerves and I have no business driving in the industrial setting. I have great difficulty seeing while backing, I work at night it is dark and it is hard to see. I have trouble seeing in the rain as well. any advise about what I can do, the clock os ticking and I am scared

    **Post broken into paragraphs by Moderator for easier reading. Many people with MS have visual difficulties that prevent them from reading large blocks of print.**

    #2
    Hi lemekim:

    I’m sorry to hear you’re having so much trouble. You’re definitely in a trying position. There are many people who have found themselves with the same dilemma. In any cross-section of opinions, it’s easy to get some encouraging responses about your “rights” that are really no more than “happy talk.” They'll look at your situation and say, "That's terrible!" Yes, it is. But unfortunately, reality can be harsh. You aren’t the first person, and surely won’t be the last, to find that – through no fault of their own – they can no longer perform the duties of their job.

    You should get legal advice immediately from an employment attorney. You have issues that can work both for you and against you. I’ve seen situations similar to yours as both an employee and an employer, so I’ll give you my best insight about the issues you’ll need to be prepared to discuss with the attorney. These issues will undoubtedly come up in your negotiations with your employer – they’re going to be very unpleasant – and you need to be prepared, not scared.

    First, no employee has the right to tell their employer how to run their company. You admit to doing that twice already, and it doesn’t look good for you. Two years ago, your company would have been justified in firing you for insubordination when you refused to perform the duties of your job (driving the truck). This doesn’t apply just to you, but to any person who refuses to perform their job because they don’t like the requirements and don’t think they should apply to them. Yes, your negative attitude can be considered insubordination, and it can wipe out 20 years of good reviews.

    Next, a doctor’s note that explains why you can’t meet job requirements doesn’t exempt you from having to perform them. It can, though, qualify you for “reasonable accommodations” under the Americans with Disabilities Act that could make it possible for you to perform them. Unfortunately, there really aren’t any “reasonable accommodations” that can be made in qualifying for a commercial driver’s license. That’s just reality.

    What also isn’t working in your favor is that you weren’t singled out for this requirement. It applies to your coworkers, too, and you’re all expected to meet it. The fact that you might not be able to isn’t your fault, but isn’t your company’s fault, either. Arguing about it isn’t going to change that.

    If you can’t qualify for your CDL, you can't perform the requirements of your job and should be prepared to lose the position you have now. Even if you do qualify, your unwillingness/inability to perform the driving duties of your job still pretty much seals the fact that you’re going to have to give up the position you have. Your employment attorney can go over all of the particulars with you. There might be a loophole somewhere, but don't count on it.

    What might work in your favor is that you already asked for a demotion, so it shows a willingness to compromise. Your doctor’s note is the medical backup you can use to justify a demotion or move to another lateral position. The offer of a different position could qualify as the “reasonable accommodation” your company makes in order to keep you employed somehow.

    In addition to the medical care you’re already getting, I’m going to suggest that you start seeing a mental health professional. One of the signs of a healthy mental state is adaptability, and clearly you’re having issues with that. A good counselor can help you find the reasons you’re having such a hard time with change that you’re experiencing such anxiety about it. The counselor can give you strategies to deal with the change. It’s apparent that your inflexibility and anxiety are pushing you into attitudes and unrealistic thinking that aren’t healthy or productive for you, no matter what happens with your job. You can’t live in fear. It’s fear, not change, that will destroy you.

    As you said yourself, the clock is ticking. So it would be in your best interest to contact an employment attorney ASAP, with a second call to your doctor for a referral for counseling. Best wishes to you in a very difficult situation.

    Comment


      #3
      I'm not sure it is fair to diagnose someone with mental health issues based on a four paragraph post about how they argued with an employer. None of us were present and frankly, many employers can be downright obnoxious and abrasive in how they talk to an employee. Also, many people aren't very good writers and so don't include pertinent details such as their boss's demeanor or tone of voice when writing their accounts.

      I would think that being presented with an impossible condition for continued employment would make anyone upset, particularly after twenty years of employment in the same job with no bad evaluations. That doesn't sound like the track record of an unstable personality to me.

      OP, I would consult with whatever OSHA office you have in your area. If your employer requires you to drive this equipment after you have advised them of your optic nerve damage, they deserve it. If they are capable of demoting you or transferring you to a position you are able to perform and still insist on having you drive, get it documented and beat them over the head with it via OSHA.

      Comment


        #4
        Thanks for the replies...

        Redwings- First and formost, I may not have written this correctly. I feel very confused, I originally shared my concerns with the employer that there would be accidents and I did not feel capable of maneuvering a 53' trailer in a very tight parking lot with high trqaffic at times.
        I never refused to learn to drive it.... I was injured shortly after being trained, I am short and have difficulty closing and opening the doors. Once I started driving again after the surgery, I would panic and have my own little war out in the truck. There are 3 different departments calling moves in over a 12 hour period, up to 90 moves a shift. I am too slow due to my inabilities and can shut down the whole production line... (not a good feeling). I did seek help from a counselor with the Employee Assistance Program at the advice of the HR manager. I was just curious as to how the ADA regulations could be a help. My negative attitude has been a result of having a work partner that doesn't do his fair share, he would rather play on the internet. The manager won't reprimand my partner do to thier common intrests in sports.

        Comment


          #5
          Paradise,

          I appreciate your point of view. There are many circumstances that have led to my current issues at work. I really don't want to be a difficult employee. The managers have praised me in the past. I have been sent to other locations to train and get calls from my boss. The boss doesn't know the computer system as well as I do. I think that I will place a call to OSHA and see what they say. The silly thing is, I have had an accident in the truck due to my eyesight. The boss still thinks that I should be driving on the road:/

          Comment


            #6
            Serveral things seem to jump out here. First, you have not been dx'd, so you would not be covered under ADA. So really, your doctor's note is, as far as the company is concerned, excuses you until the condition gets better. In this instance, they would have every right to expect you to get a permit in expectation of that. If every person who works there is required to be able to drive at any time, that is a policy that dictates employment eligibility, and unless you can bring them documentation of a disability that exclude you from that, they would have every right to terminate you. They might even have the right to terminate if you have proof of a disability.

            You are in the hard situation many if us find ourselves in, unable to do the job we have done for a long time. All I can really suggest is trying to get in to see HR and talk to them about the situation, really stress that this is a physical limitation. Get more documentation from your doc as to the possible long-term effects of your condition. But realistically, look for another position as well. Get things in order, get life insurance, LTD if you can, you won't be able to once you are dx'd, and then press your doc to dx. You have no standing and no protection in any employemnt without it.

            Comment

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