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    Its about to get interesting.... or stressful....

    I was dx in '05. I didn't hide it from my boss and he was accommodating whenever he could be. I was given a bigger monitor after ON. I had a couch from someone elses office moved into mine when they left so I could rest when I needed. When my heat intolerance became so bad I had to move, he let me telecommute and didn't require my presence in the office (3 hrs away). But he died a little over 2 years ago and we have new leadership. This person has worked at this company about 4 months longer than me and knows the history.

    An attorney was brought in to oversee HR over a year ago and has slowly been moving through all positions to clean up job descriptions and analyze where improvements could be made. My position is next now. We had a meeting last week. Basically, my position is to be analyzed as to whether it can/should be done in a telecommuting role. And the attorney mentioned they would probably need a statement from my treating physician regarding my abilities/limitations.

    My heat intolerance causes problems at 70 degrees. The attorney made the comment about the office being air conditioned. HA! Like that's all that matters! She should've been around an hour after the meeting was over. The conference room was warm and we were there for about 90 minutes. Then I spent 10 minutes in the HOT lunch room to scarf down some food. I get back to my work area and then it hits me. I felt like I was going to pass out. That was Thursday and I'm still suffering the consequences.

    So know I fear for my job, and my financial future. They will be creating a job description (my position has evolved over the almost 20 years I've been there), determining if I can fulfill those duties and if its possible to be done remotely. And then to determine if they are giving me reasonable accommodation or going above reasonable accommodation.... They might demand that I be in the office more often than the 1-2 days/mo now.

    My mom lives in that town, so its not a big deal going there. But the stress of being in the office environment and subject to the temps in that area are more than I can deal with. My position is salaried and I work a lot of hours as it is. I'm worried about the effects of going in more often.
    7/17/05 Bells Palsy Sx, 8/25/05 MS Dx, 10/14/05-2/8/07 Rebif, 11/07-02/12 Cymbalta, 12/27/07-2/1/18 Copaxone, 2/18/18 Tecfidera
    I used to think I was Wonder Woman. Now I'm just thankful I'm married to Superman!

    #2
    I feel for you LoisLane. I share an office with two other people, and apparently they don't have any blood in their veins. They turn on their personal heaters if the temp drops below 75. I have explained to them what being too warm does to me, and they have seen what it does to me. It will be 20 degrees outside and I'll be wearing light cotton pants and a t-shirt to work just so I can get through the day. I tell them they can wear winter clothes and layer: undershirt, shirt, cardigan, long socks. Not me, the days of me even owning a sweater are just about over.

    Unfortunately my job cannot be performed from home, and I and my coworkers must remain in the same office because of security reasons (there's a safe and a camera). I printed off the OSHA recommendations for office temperatures to have them handy if I have to go to HR. Not sure how much help that will be.

    I sure do hope things work out for you. Unfortunately I don't have any advice but I bet some other more knowledgeable people on here will chime in with some.
    Portia

    Comment


      #3
      Job Accommodations

      An employer can not just take away an accommodation that was made without attempts to substitute with another, especially if the accommodation was working for the employee and was not an undue hardship on the employer. If your HR department has an attorney, do they have an ADA coordinator? You might want to talk to someone at EEOC. Good luck.

      Comment


        #4
        Lois, I haven't seen you here for a long time. Welcome back. I agree with previous posters, about taking away accommodations, and about contacting EEOC. Sort of; except that I really have very little knowledge about your job issue.

        I wonder if this may be a blessing in disguise. Perhaps you can begin to look at the deficits that make doing your job difficult, or, impossible, if you need to go back into the office, and use those deficits to successfully apply for SSDI. The downside to that, of course, is the five month waiting period between initial application and beginning to receive benefits. I think I remember, too, that, in your family, your job is the one that offers health insurance benefits for both you and your spouse, and being on SSDI would make that a hardship.
        ~ Faith
        MSWorld Volunteer -- Moderator since JUN2012
        (now a Mimibug)

        Symptoms began in JAN02
        - Dx with RRMS in OCT03, following 21 months of limbo, ruling out lots of other dx, and some "probable stroke" and "probable CNS" dx for awhile.
        - In 2008, I was back in limbo briefly, then re-dx w/ MS: JUL08
        .

        - Betaseron NOV03-AUG08; Copaxone20 SEPT08-APR15; Copaxone40 APR15-present
        - Began receiving SSDI / LTD NOV08. Not employed. I volunteer in my church and community.

        Comment


          #5
          LoisLane, I'm sorry to hear about your MS and on the job difficulties. My own journey to full time disability was a difficult one, so I do know first hand the challenges involved.

          With 20yr employment history with your employer, some of this sounds very disconcerting, based on my own similar experience. It may be time to consider having a discussion with your MS doc, and a complete evaluation of all your limitations, including neuropsych evaluation, and some self evaluation about your ability to continue functioning within a corporate environment.

          I agree that accommodations already extended to you should not be removed and about filing a complaint with EEOC.

          My only additional comment is to remind you that you are working for a for profit business. They can and will decide if you are more disruptive to their normal business operations, within legal requirements such as Department of Labor/EEOC, and state employment legal requirements, such as 'right to work' in states where it applies.

          Please don't be offended by my comments, that is definitely not my intent. I was sick full time and undx for approximately 4yrs before my employer/insurer became very adversarial in an attempt to avoid medical coverage for life for very expensive disease treatments, avoid LTD claim for life and pension benefits. I paid a high price in terms of lost benefits, because I was in denial, clueless, not coping well, and about a year from my MS dx being confirmed. None of what I've suggested may apply to you, just offered for your consideration.

          Best of luck to you and keep us updated.

          Comment


            #6
            I'm in such a jumble about this situation. 3 years ago, I was expecting disability to come pretty soon and I was really worried about it because I am the breadwinner for our household. We live paycheck to paycheck now. I don't know how we'd get by on less. But I found a supplement plan that gave me my health back. The only thing I still have have problems with is stress and heat intolerance. Its really hard to find any job that works with those conditions. And I don't know what I'd do without a job. My brain is still able to work.

            I found an ADA website with a phone number to call that offers a free consultation in applying the ADA laws to my situation. As much as I'd like to say I could hang my hat on the idea that they can't reduce accommodations, they are going with the angle of what they need from a controller and whether I can fulfill that. My job has evolved over the almost 20 years and I don't have a job description. I asked for one last month so I'd have something to use when I asked for a raise. I work way too many hours for my paycheck to be ignored. Now the idea is that the job description and what they think is a reasonable expectation for a presence in the office will be used to determine if I can still perform the job they need. So its sounds like this slick lawyer is trying to remove any of the ADA angles and hit it from the perspective of whether I'm a capable employee.

            Our clients have gotten more sophisticated and require a higher level of financial reports. This takes more time. Which is why I work so many hours and don't have a private life anymore. When I used this as a reason to why we need more man hours in my department, the lawyer asked if I was willing to continue my education. I'm 46! I don't want to go back to school! I can barely get the work done now. How could I add school???

            After almost 20 years, this is more like a divorce..... Part of me wants out of this stressful relationship but its hard giving up those years and dedication. I did have an interview last week for a job I would really like and would be perfect for but they would want me in their office 3 days/wk, minimum. They only have window A/C units and it gets hot during the day there. Plus, its a 40 minute drive away. I told them about my heat intolerance, not that it comes from MS. That's why I was willing to go into the office only 1 day/wk. So, I wasn't a good candidate for their needs.

            My skills/knowledge is very specialized in a specific industry so finding the right position that wouldn't require my presence in an office will be extremely difficult to find....
            7/17/05 Bells Palsy Sx, 8/25/05 MS Dx, 10/14/05-2/8/07 Rebif, 11/07-02/12 Cymbalta, 12/27/07-2/1/18 Copaxone, 2/18/18 Tecfidera
            I used to think I was Wonder Woman. Now I'm just thankful I'm married to Superman!

            Comment


              #7
              'As much as I'd like to say I could hang my hat on the idea that they can't reduce accommodations, they are going with the angle of what they need from a controller and whether I can fulfill that. My job has evolved over the almost 20 years and I don't have a job description. I asked for one last month'

              That is exactly what came to mind when I read your post. It also seems unusual that an attorney is overseeing HR evaluation of job descriptions, but it may be SOP since the day I was shown to the exit door. I didn't request accommodations mostly because I didn't realize how dibilated I was, and while I had a very long history of MS attacks, it wasn't until I researched on the internet that I knew MS had to be ruled out. I was aware legal employment protections, but just didn't realize they applied to me. DUH. I didn't use excessive sick leave, there was little point, staying home was not going to improve my sx's.

              One factor possibly in your favor is if you are singled out for job 'elimination', or if there's a pattern with others who's new job description result in loss of employment. EEOC and ADA attorneys have seen it all and they do know how to evaluate even the slickest corporate attorneys attempts to put a favorable slant on the situation.

              Your local chapter of the NMSS has a referral list of attorneys for ADA attorneys, STD/LTD disability attorneys, SSDI and ERISA attorneys. As you probably know, now may be the time to get a head of the process with a call to EEOC for their involvement.

              Comment


                #8
                A couple of additional comments, how have your performance appraisals been?

                Successful EEOC claim can result in large compensation award in your favor, or lead your employer to seek a financial settlement with you to avoid any bad publicity.

                Comment


                  #9
                  Originally posted by MSW1963 View Post
                  how have your performance appraisals been?
                  It's been YEARS since my last evaluation! In fact, I don't remember ever getting anything formal. Just a "atta girl" and a raise or bonus. It's been two years since my last raise. And since my job has evolved over the years, I don't even have a job description. I asked for one last month so I could go line by line and point out how I've performed the job and deserve a raise.

                  I know how the president/CEO operates. If she's pleased with your work, you get a raise. If she's not, you don't. So I can read between the lines that aren't even there. That's why I want the description. I want to enumerate the many things I am doing right. She tends to get hung up on one or two things not done right and forget the rest. Can't see the forest for the trees.

                  I think the attorney led the conversation because the CEO can get off track, shoot from the hip and create a liability for the company. But our HR department needed a lot of cleanup. So the attorney is the consultant helping to get everything in order. We did need that.
                  7/17/05 Bells Palsy Sx, 8/25/05 MS Dx, 10/14/05-2/8/07 Rebif, 11/07-02/12 Cymbalta, 12/27/07-2/1/18 Copaxone, 2/18/18 Tecfidera
                  I used to think I was Wonder Woman. Now I'm just thankful I'm married to Superman!

                  Comment


                    #10
                    The lack of a formal job description, lack of annual performance appraisals and the shoot from the hip, informal approach to standard/legal HR practices are examples of poor management, and more favorable to any claim you might find necessary.

                    Document the lack of appropriate HR management over the years, no annual reviews, including your request for a job description and the informal nature of work accommodation arrangements approved in the past. Developing your line by line job description and how it evolved chronologically is a great idea. Use interoffice memos, emails, informal notes you've kept, etc., as documentation and examples of the shoot from the hip, informal nature of HR and other day to day business practices.

                    Is your employer FMLA or ADA exempt based on employee population? You should google both FMLA and ADA for DOL/Department of Labor and .gov sites for legal definitions.

                    Hopefully the long overdo HR cleanup will workout favorably, and everyone will live happily ever after.

                    Hope for the best, plan for the worst.

                    Comment


                      #11
                      Sorry you are going through this. If your primary responsibility is financial reports and you have been doing this successfully already from home, I don't know how they can take it away.


                      I also don't know what going back to school would do for a manpower issue. Is it that you often are idle waiting for someone who has required degree to review or provide something? It didn't sound that way.

                      Hopefully, the lawyer is there because your hr was lax with compliance before, which is a liability to the company and not to figure out how to legally eliminate a position.

                      You may want to go thru the exercise of writing your own job description based on the duties you have done the last few years. Then when you get your new one, you can ask about missing responsibilities (to see if they moved it elsewhere or omitted), as well as ask about added duties (ensure they are new to job and ask about training).

                      I would also document your accomplishments and if there are mistakes your CEO is focused on, address these with the steps being taken to prevent same mistake from occurring, if feasible. This also gives you ammo later if you need to engage lawyer.

                      Hope all goes well for you.
                      Kathy
                      DX 01/06, currently on Tysabri

                      Comment


                        #12
                        Originally posted by pennstater View Post
                        You may want to go thru the exercise of writing your own job description based on the duties you have done the last few years.
                        Absolutely!! Also, make sure that someone who understands this kind of thing reviews it with you. There may be some things that belong in the job description that you take for granted and would never think to include.

                        Also prepare a list of major accomplishments that would help point to how indispensable you are. This is not a time to be modest. This is more like something that would be included in a resume.

                        When it's done ask again for a job description. You probably still won't get one so you can then tell them that you have taken the liberty to write your own and give it to them. Part of me wants to suggest Certified Mail so that they can't deny that they ever received it. The other part of me doesn't want to suggest that because that might make the relationship more tense. If it's already tense then Certified Mail probably won't make it worse.

                        It would be better if they decide to appreciate you and keep you but, if they don't, the only thing you could hope for is some kind of legal settlement.

                        Or, take everything you know and get a job working for one of their major competitors.

                        Good Luck!!

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