PPMS and going back to work from STD

[pennstater]

Unfortunately, if your employer is questioning performance, they can fire for cause. If you ask for an accommodation, it is something that can't cause undue hardship for you employer. It is also incumbent on the employee to request the accommodation.

As an example, when I was working, I asked for the ability to work one day a week from home. Since the company had the technology set up to allow remote access and teleconference, they granted it. Had I worked in a different position which required my physical presence, such as receptionist or security guard, they would not have had to grant it.

If your company doesn't have light duty, or if granting it would cause a hardship to the employer, then they don't have to grant it. They can't fire you for asking, but again, if current performance is a problem, they can let you go.If they can't grant you an accommodation, it may be wise to go on STD. Many companies won't fire someone on STD, as it can appear to be discrimination.

Usually, only if position is eliminated, will companies take a chance. The STD may allow you more time to file for SSDI while getting paid. You didn't mention LTD, but if your company has that benefit, you can't get it once fired. Only if you transfer from STD to LTD.

I am sorry you find yourself in this situation. Look out for yourself, as it is the rare employer tat will look out for you.

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

[brave]

Unfortunately, if your employer is questioning performance, they can fire for cause. If you ask for an accommodation, it is something that can't cause undue hardship for you employer. It is also incumbent on the employee to request the accommodation.

As an example, when I was working, I asked for the ability to work one day a week from home. Since the company had the technology set up to allow remote access and teleconference, they granted it. Had I worked in a different position which required my physical presence, such as receptionist or security guard, they would not have had to grant it.

If your company doesn't have light duty, or if granting it would cause a hardship to the employer, then they don't have to grant it. They can't fire you for asking, but again, if current performance is a problem, they can let you go.If they can't grant you an accommodation, it may be wise to go on STD. Many companies won't fire someone on STD, as it can appear to be discrimination.

Usually, only if position is eliminated, will companies take a chance. The STD may allow you more time to file for SSDI while getting paid. You didn't mention LTD, but if your company has that benefit, you can't get it once fired. Only if you transfer from STD to LTD.

I am sorry you find yourself in this situation. Look out for yourself, as it is the rare employer tat will look out for you.

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

thanks for your reply

employer just recently questioning performance (less than 2 weeks) , I'm ready to go on STD and company offers FMLA
and I do have employer LTD

I want to go on STD disability and then apply for LTD (I gave up on requesting for accommodation)
I did some research and I see employer can fire while on FMLA due to performance

I'm wondering if that can be avoided in any ways . for example if my neuro writes note indicating cognitive impacts my productivity , does it help to avoid getting fired while on FMLA.

Thanks

[jreagan70]

I gave up on requesting for accommodation

Under the ADA, you needed to ask for accommodations BEFORE job performance issues came up. Because you didn't inform your employer that you wanted accommodations for a disability, it's too late now and they can fire you for nonperformance issues that came up before you asked.

I see employer can fire while on FMLA due to performance. I'm wondering if that can be avoided in any ways . for example if my neuro writes note indicating cognitive impacts my productivity , does it help to avoid getting fired while on FMLA.

No, that won't help you. The only issue is whether you can perform your job or you can't. The reason you can't perform is irrelevant. Even if you had spoken up and requested accommodations due to disability, you would still be fired if you couldn't perform your job with a reasonable accommodation.

I see employer can fire while on FMLA due to performance. I'm wondering if that can be avoided in any ways

Maybe if your employer knows that you intend to go out on FMLA/STD/LTD and resolve the nonperformance issue that way, they might leave you alone and not fire you. But there are strategies involved in how you negotiate that, so you may do best if you consult a labor attorney to figure out how to negotiate. You just have to be careful that you don't take so long to decide what to to that your employer beats you to the punch. Good luck.

[pennstater]

It seems pretty recent that your performance became an issue that you were talked to about. Here is hoping your employer has documented steps in letting go of someone, like you get a warning, then probationary period for so long. That could buy you time.

To me, it seems you have nothing to lose by going out on STD and FMLA. If they do let you go, than they have extra steps to prove they didn't let you go because of your illness. It is probably wise to consult with an attorney.If cognitive issues are a problem, make sure your neuro is aware and that they are documented in your medical file.I hope all works out well.

There is another forum for SSDI. You may want to post a thread there and ask the new attorney about conditions which employer can let you go when under FMLA/STD and refer him to this thread for background. He may have more insight for you as to how to proceed.