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    #16
    flipside, is sounds like you've made a lot of headway. Sorry if you did not understand that this might involve going to 'war' with your employer. The reality is that your financial and work future may be at stake.

    Hang in there, it's the right thing to do and you can do this. But if you're not up to it and can't, that's ok too.

    Best of luck and keep in touch.

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      #17
      I want to do this,not only for me.Maybe I can help someone else who is in this same situation.I know my job is at stake,as well as my financial future.I gotta fight for whats right.Thanks for all the advice,I will keep you and everyone up to date

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        #18
        Update,received a letter,from a company in California,called RWI.A letter that states,that they want to set up a meeting with me and my employer to discuss modifications for my place of work.This letter is from a return to work coordinator/cc.HR(headquarters).Little do they know,I'm still working.My question is should I trust,this or should I consult an attorney.Please need advice.Thx

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          #19
          If you are moving forward with legal action including filing with EEOC, ADA, etc., I would consult with your attorney or the federal agency representing you before responding to RWI.

          RWI probably contracts with Cali employers on Workers Compensation cases for accomodations in the work place, and for employees with disabilities.

          Without know more about the other possible services RWI provides to employers, for instance will the evaluation include an evaluation of you that could reflect negatively on you at a later time or will the evaluation be limited to work place safety and accomodations?

          Has HR or your supervisor/manager advised you that you would be hearing from RWI and why?

          Has your stool been returned?

          Have HR or your sup./manager discussed anything with you about removing the stool, the mis-calculated work versus time off hours that made you ineligible for FMLA, etc.?

          I would consider what happened to you as intimidation, threatening and intentional. The actions and the manner in which they were carried out, would undermine my trust in my employer.

          Unless your manager/supervisor have met with you, explained the missunderstanding, clarified your eligibility for FMLA, offered you an apology and advised you that RWI would be contacting you, I would have reservations about their intentions. I would 'act in kind' = mirror their behavior.

          From the RWI website:

          RehabWest, Inc. (RWI), California’s leading integrated workers’ compensation disability management company, is slated to be an expert speaker at this years Public Agency Risk Management Association (PARMA) annual conference.

          I can't post a link, but www.rehabwest.com should get you to their site.

          Comment


            #20
            update,no stool,no fmla,no apology frm supervisor.ADA,just wanted me to write a letter to my manager,supervisor,and store manager,that states undue hardship in needing a stool.Maybe I should talk to someone else at ADA.Still need to follow thru on the EEOC form,and talk to someone.Without counsel,I'm lost.Even when I contacted the MS Society of Oregon,only got a number to call ADA,job accomadation.My husband read the letter frm RWI,and told me to contact a lawyer.So it back to calling the MS Society for a list of lawyers.Hopefully I can call them on tuesday.Thanks again for all your advice,I will keep you posted.If it matters,I'm filipino female in my early 50's.Thanks

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              #21
              ADA,just wanted me to write a letter to my manager,supervisor,and store manager,that states undue hardship in needing a stool.

              Have you sent the letter? If so, that may explain the RWI letter you received. If you didn't send the letter, your company is probably aware of the mess they have stirred up and are instituting the 'silent' treatment with you, contacted RWI to act on their behalf in attempt to correct the situation. But there is no unringing the bell.

              In either case, the company is probably acting on the advice of their lawyers or on the advice of a employer/pharmacy association for legal advice. You deserve no less than the same expert advice when communicating with them.

              Also, I'm not familiar with WA state employment law, if WA is a right to work state, etc., but EEOC and ADA are federal employment laws.

              If your employer stopped communicating with you, particularly after their agressive actions by removing the stool without advance notice, and denying FMLA based on too few hours calculated incorrectly, I would mirror their 'silent treatment' behavior and not communicate with them until you have a lawyer to represent and advise you. I would show up for work on time, do good work, smile a lot, be courteous. But do not volunteer any info or give any indication that you are unhappy, have contacted a lawyer or EEOC. If you are asked about the stool, smile and tell them how not having it affects you.

              Once you have retained an ADA lawyer, the lawyer will probably request your company to communicate through her/him on matters concerning you/your employment, work accomodations, etc.

              The lawyer will probably give you similar instructions about communicating with your employer via your attorney. The same/similar applies if you are represented by EEOC.

              Once you have completed EEOC forms, you should fax them to EEOC to speed up the process, the sooner a EEOC rep. will be assigned to your case to advise you.

              We are neighbors, I live just south of the state line, near pdx.

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                #22
                This is a cut and paste from a NMSS presentation titled Know Your Rights, in pdf format. It's either the OR or WA Chapter, with FMLA and ADA advice from the following local attorneys:

                Lawyer Locator through Martindale/Hubbell, available at
                http://www.martindale.com.

                Pressley Reed, M.D., Family Medical Leaves for Chronic Disease:
                Multiple Sclerosis, available at



                Reedo1-2004FMLAandMSPPLU.pdf.

                Rosalind C. Kalb, Multiple Sclerosis:
                The Questions You Have, the Answers you Need, 3rd ed.

                Also these two online attorney locator websites:
                FindLaw, http://family.findlaw.com.

                Lawyer Locator through FindLaw, available at
                http://www.lawyers.findlaw.com.

                Comment


                  #23
                  Hi MSW1963 and thanks for this. However, the one link from Reed had a 403 error. You might want to try again!
                  1st sx '89 Dx '99 w/RRMS - SP since 2010
                  Administrator Message Boards/Moderator

                  Comment


                    #24
                    Sorry about that. I got the 403 error message from the link too. I thought it worth including his name in hopes of current info from a seperate google search. Also noticed Pressley Reed, M.D., not JD.

                    It's all kinds of messy to cut and paste to this board, from a pdf doc, from a NMSS presentation, yada yada..

                    Thanks.

                    Comment


                      #25
                      Thanks again,I really appreciate everything.I'm now looking into several attorneys.Going to start tomorrow,also going to fax in the EEOC form,calling them tuesday.Has as the letter about undue hardship,never sent it.Maybe cause I was chicken.By the way it's a big corp.um,Costco(I hope this is in confidence).Really scared.

                      Comment


                        #26
                        flipside, you are not 'chicken'. It takes a lot of intestinal fortitude = guts to stand up to the powerful people who determine our continued employment, or terminate it despite our good work.

                        We all show up every day to do our best work, depend on fair pay, fair play, benefits and treatment, rely on the benefits companies use to recruite employees, and compliance with FMLA and ADA.

                        From merriam-webster.com:

                        Definition of INTESTINAL FORTITUDE

                        : courage, stamina


                        Examples of INTESTINAL FORTITUDE

                        <the one person who had the intestinal fortitude to stand up and denounce the injustice of it all>
                        <you'll need considerable intestinal fortitude to put up with that corporate diva, but the work experience will be worth it>

                        Congrats for taking this on because it does take courage, we MS'ers have it in spades, but the lack of stamina often wears us down. Being afraid does not mean you lack courage.

                        Best of luck and keep us posted.

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                          #27
                          I'm thinking I may be small,but I have a voice.Thanks again.I remembered back when my husband had cancer,and his work wanted to fire him,I got so mad,it was so unfair,that I fought tooth and nail,to help him keep his job.I wrote to the Today show,Dan Rather,20/20,The Oregonian,anyone who would hear my story,and wanted to tell the world this was unfair.Guess what The Oregonian,interviewed me and my story was in the paper.Even Dan Rather wrote me and wanted to hear my story.Long story short,husband in remission for 12 yrs,and still has his job(15 yrs).Thanks for showing me that I have courage,no stopping me now.I will keep you posted

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                            #28
                            Update faxed paper work to EEOC on Jan.24.Still looking for an attorney.RWI has schedule an appt for me on Feb 5 at my work,they made it without talking to me.Calling RWI to cancel appt.upon seeking legal advice.I will call EEOC Jan 29th to see if I have a case.

                            Comment


                              #29
                              RWI has schedule an appt for me on Feb 5 at my work,they made it without talking to me.Calling RWI to cancel appt.upon seeking legal advice.

                              Maybe you should cancel the RWI appointment because you have no clue who they are, why they contacted you. Also because you have not been notified by your employer who they are, why they contacted you, or the purpose of the appointment.

                              Just my opinion, it might be a good idea to avoid any mention that you are seeking legal advice for as long as possible, until you have talked to an attorney or consulted with EEOC about RWI.

                              Comment


                                #30
                                update:met with an attorney,went very well.she wants me to go thru meeting,she says its a legal way for the company to cover there behinds,for there screw up.my attorney wants my case,still need to wait until I figure out whats the outcome of this so called meeting.

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