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Work place trying to phase me out due to physical limitations

fyrfliffyrfli Posts: 35
edited 06/11/2012 - 8:47 AM in Chronic Pain
So my manager and assistant manager pulled me into the office yesterday, letting me know that employee relations is involved with this "issue" that my district manager has deemed a problem. Due to the fact that I have physical limitations, they are going to try to "force" me on their disability leave, and find a way to get rid of me. WTF??? What can I do???


  • i believe depending on the type of disability you have, they have to make accommodations for you not push you out. It is against the law. I work and i have a list of accommodations my work has to follow. just get a dr's note with a list of acommodations and give it to your boss. they will be in big trouble if they don't follow it. but it depends on what you have.
    I have 4 fusions from L5-3, the latest last May '12 where they fixed my disc that broke.They went through my side this time. I take 40 mg of oxycontin 4x a day and 4 fenatyl lollipops 300 micro gms 4x a day.
  • Doesn't that suck?? After we go through all of this we struggle to get back to work and then this. I really feel for you.

    I would suggest contacting your state office for disability or employment. They can usually give you lots of info. Not sure how much you are protected but I think it varies. It also depends on what your job is and what the limitation is. I would think that if your job is in a warehouse and you can't lift then there is no reasonable accomodation. But if it is a matter of a different chair that's not a biggie.

    If you think it is worth it you might contact a labor discrimination attorney. If the DM is trying to force you out without acceptable reason then you might have a lawsuit.

    Unfortunately there is no easy answer to this problem. Alot depends on who you work for, what type of job and what protection you have. I've been there a few times so if you want send me a PM.
  • If you read my post 'SENT HOME from work today' you'll see that you're not the only one who is experiencing problems at work.

    In the UK we have an organisation called 'Access to Work'. Their Occupational Health Assessors carry out a workplace assessment requested by the worker (NOT the employer). If they identify any adjustments/equipment that they feel is necessary to help you at work, they can pay something towards the cost and therefore the employer doesn't have to foot the whole bill. An example: 5 years ago they recommended a terrific chair with excellent lumbar support, the works. It cost over 600 pounds! Other equipment was provided like a computer, footrest, wireless PC mouse & keyboard - it was expensive and they helped alot. Do you have anything like this where you live (I presume you're in the States?).

    There must be legislation/laws that protect you - perhaps you could do some research so that when/if you have another meeting with your boss, you are more informed of your options.

    We have the Citizen's Advice Bureau in the UK, do you have any similar organisations that you can visit for free advice?

    Do you have physical limitations' because of an accident, injury at work or from surgery? Are these well documented somewhere? Can you ask your doctor to support you? If you've had surgery, can the surgeon help you?

    I'm sorry, I do not know your circumstances, but I'm sure there are people that can advise you better and there must be laws to protect you.

    I really hope everything works out well for you.
    2 x Microdiscectomy 2005 / PLIFusion 2-level 2010 / revision surgery 2011 / NEVRO Senza spinal cord stimulator implanted February 2013. I WILL NOT GIVE IN / UP !!
  • Sorry to hear this is going on. If an employer finds that you can't do essential elements of your job due to physical limitations - limitations that won't end in a year, they under ADA (as I don't know what country you are in...this is US) your employer has to show that they can within reason make accommodations for you in the work place; or that they can move you to a similar job at the same pay rate. If your limits don't allow for this, they can let you go sadly.

    Do you have short/longterm disability insurance through this employer? Since the employer is working with Human Relations, I would gather they are looking to see if indeed you can do the job you were hired for. Fingers crossed in your favor.

    PCTF C4 - T2, Laminectomies C5, C6 & C7. Severe Palsy left arm/hand.
  • I was hurt at work had to have spinal fusion,it was not sucessful i was a mechanic i was planing on going back to work but the insurance co said no way we are going to insure you you are now high risk i was then unemployed ,luckely i had a comp lawyer on stand bye but didnt need him they have been paying me for 13 yrs never late with the checks in those years,i am lucky i had a good co and insurance co. Rick
  • there would be do disabilities .but .as i don't know all the employment law .i did ask my wife last night and as she knows more than me this is what she said .any disabled person that is fit enough to work can do so with the employer making reasonable adjustments to allow the disabled person to work in a comfy environment .{but off record !!!! this rarely happens } because first it cost money and the disabled person can be deemed a liability ..many times the disabled person is offered a job that the company know that the disabled person wont be happy doing and therefore the person leaves the employment of there own accord ..{the employer is delighted because they don't have to pay any compensation of make costly adjustments} its called constructive dismissal but as i found out when i tried for compensation against my former employer ....as they had offered me a job that i could probably have done {but would have hated } so left the employment ..i did not have a leg to stand on ..legally that is ! ..many companies say that they will look after a disabled person but in reality ..its the last thing they want as it cost.. and many companies don't want disabled people working for them .{they will never say that out load and in fact they will go out of there way to sat just how they look after disabled people .i feel that one of my friends on here is feeling this effect right now .??{and in the UK we are going through a period of cuts big cuts and i should imagine that the disabled will have an even harder time .be it those in employment and those on benefit //its going to get even harder to work and to be on benefit.i believe that the benefits system is over loaded with people that should not be on it ..but there are some people that should be on it and through either pride or ?? wont claim ..there a massive shake up and those that should not get benefits will be soon be off it and looking for work BUT i feel that some that can't express themselves very well will find themselves in trouble .my advice is if you are genuine then what ever side of the pond you are on get professional advice before filling in any benefits claim forms .in the UK we have the CAB {citizens advice bureaux}
  • i have taught for 24 years and 10 years of that has been with 4 back surgeries. the only problem i had was having surgery during the school year. i am a special ed teacher who has to have yearly meetings and write iep's. unfortunately, i was unable to do that because dr wanted me to have surgery asap. other teachers and my principal finished my work. for the most part, work has been supportive. i have a list of accommodations that dr wrote and work has to follow. they know that i take meds and i was also given an orthopedic chair for my class. i have never been told to go home or my job threatened because as one poster noted that disabled people come under the ADA provision. i would check your rights and talk to a lawyer. i am not sure what happens if you cannot physically do your job? if you have to lift 50 lbs and you can't what can they do? i am tenured so i can't be laid off. i can be reassigned if i couldn't do my job. are you under the protection of a union? if not, i don't know what work can do. this is why you need to talk to a lawyer asap. you might be protected or might not be.
    good luck
    I have 4 fusions from L5-3, the latest last May '12 where they fixed my disc that broke.They went through my side this time. I take 40 mg of oxycontin 4x a day and 4 fenatyl lollipops 300 micro gms 4x a day.
  • A few years ago I did the interviews for a grocery store in my town for a large grocery chain Arizona and one of the questions I had to ask was "can you perform the essential functions of this job 'with or without accomadations?". This was in the 90's. This question cannot be asked anymore I'm told. But we did accommodate and had some fantastic employees. Its too bad it can't be asked anymore.
    I've been very fortunate the employer I have now has been very accomadating. I was afraid at first when my pt requested a stool for me. Now they always ask to make sure I'm not in too much pain.
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