I think I need a lawyer

[Petthefish]

Well here is the deal. I have been sick for over a year now I found out I was diabetic but at the point I found out it had taken a told on my digestive system and health. (big guys watch out you could be next get test done) Well so onto what’s wrong with me. I am diabetic it cause me to have to use the restroom a lot more then normal or more then I use to. On top of that the Dr. has diagnosed me with Irritable bowel syndrome. That cause even more time used in the rest room.

I work in a call center my time is spent logged into the phone about 20 minute per night some night a lot less some nights more but on average it is 20 minute per night thought out the night I have to use an aux code to go to the restroom. The company I work for has set goals I must meet they are 4 calls per hour 4 tickets per hour and a talk time per call of average of 3:40 per call and an Availability rating of 85%. Well For the last 8 months I have made or exceeded (most months Doubling) every one of them goals except Availability. I have given them three separate Dr. Notes telling them I have no control over when or how much my body needs to use the restroom and that due to my illnesses it will be more then the normal person and some nights will be good some nights bad. Well as of last week the HR department calls me and tells me I am still using too much bathroom time I tried to explain it to them I can not control it once again and he knows this. The Dr. Notes tell him this.

So now he is giving me options one They deduct my bathroom time from my pay (can they really do that) Two they move me to day shift (they know I cant work days cause of my son) or I take FMLA leave till I get better Umm it does not get better (and they know I cant afford to now work)

They claim I am being a burden to my fellow employee’s yet I meet every goal and do far better then over half the people I work with heck they come to me with problems. I have worked with this company for 6 years and I feel they do not believe me they to not trust me. This is caused so much stress on me it is making it worse. And now my blood pressure is through the roof I need to start taking medication for that I have had a few panic attacks worrying about trying to meet goal over something I have no control over. At this point I don’t know what to do BOLI (bureau of labor and industry) said they can’t touch it until the company takes action. I can’t just up and quit because I have a wife and son to feed. I go back to the Dr. Wednesday but as he has told me ever time I go in to see him. That there is nothing that can be done but to live life the best I can. It is really starting to drag me down into a depression I fought hard and long to get out of and I don’t want to go back there.

Sorry if it seems I am rambling on but it is very hard for me to understand how a company this large can get away with something like this to a longtime employee. Thanks every rp

 

[moki]

First of all, get healthy. Eat less, watch what you eat, and exercise. Seriously. It is clearly the source of many of your problems.

Second of all, it may depend on the laws of your state, but they may not be able to deduct your bathroom time from your pay. But more importantly, if the nature of your job requires high availability, and you are unable to deliver high availability for whatever reason, then perhaps this isn't the job for you.

 

[Petthefish]

First of all, get healthy. Eat less, watch what you eat, and exercise. Seriously. It is clearly the source of many of your problems.

Second of all, it may depend on the laws of your state, but they may not be able to deduct your bathroom time from your pay. But more importantly, if the nature of your job requires high availability, and you are unable to deliver high availability for whatever reason, then perhaps this isn't the job for you.

I totally understand that but I am meeting all but one goal heck I do more calls then the people with 100% availability so doing the job is not the problem hell I have been at it for 6 years. I was not sick when I started and I still do a dam good job working over time any time when needed. And always willing to help out I just have to use the bathroom.

As for the other stuff I go to the gym three to four times a week. My blood sugar is under control, I have lost 60 lbs in the last two years. And for being a big boy I can go out and hike 8miles in the Oregon woods any given weekend sure I am sore as heck after but I can still do it. My Dr. Said the damage was done it cant be reveres no mater how good my health is. rp

 

[tigger]

I'm sorry to hear that you're having these difficulties.

From the standpoints of personal philosophy and part owner of a business, I agree with Moki - if one of your job requirements is that you be available a certain percentage of the time, and you're unable to do that regardless of the reason and of the other contributions you make to your company, perhaps this isn't the right job for you.

I'm a big believer in the notion that if you get the job done, things like availability time shouldn't matter, but one of the difficulties with running a workforce is keeping the playing field level - if you're allowed to not meet a goal, then other employees may feel that they don't have to either.

All that said, it couldn't hurt to talk with an employment attorney to see what your options are. Nor could it hurt to check the classifieds to see if there's a better fit out there for you.

Hope it works out for you whatever the outcome...

 

[Petthefish]

And I am looking for a new job but I just cant up and quit I have a wife and son to feed and take care of. I have 6 years with the company my seniority, retirement, And well I am dam good at the job. It is listed as a disability the Dr. has filed all the papers a company the size of mine 1000 + employee's me going to the restroom for 20 minutes is not taking away from profit cause I am still doing the work. Hell I am doing more then the work. ADA rules state they have to make arrangements to accommodate my disability as long as it does not cause undue hardship on the company and it is not they have said so themselves. rp

 

[Rodrigo de Jerez]

If you think you need a lawyer, you should seek out qualified advice in the Portland area.

Just My Opinion.

 

[moki]

I totally understand that but I am meeting all but one goal heck I do more calls then the people with 100% availability so doing the job is not the problem hell I have been at it for 6 years. I was not sick when I started and I still do a dam good job working over time any time when needed. And always willing to help out I just have to use the bathroom.

Again... if your job requires high availability, and you are unable to deliver that [regardless of how good you are at any other aspects of the job], then perhaps it is not the job for you.

As for the other stuff I go to the gym three to four times a week. My blood sugar is under control, I have lost 60 lbs in the last two years. And for being a big boy I can go out and hike 8miles in the Oregon woods any given weekend sure I am sore as heck after but I can still do it. My Dr. Said the damage was done it cant be reveres no mater how good my health is. rp

Excellent. Keep up the good work exercising and eating healthy. Despite what your doctor has stated, you would be surprised at how well you can turn around various physical conditions through healthy diet and exercise.

 

[Sweetrice80]

Well from a person that knows the ADA act like its written on the back of my hand. I for one know that under the laws of the ADA a work force can not fire or punish a given individual for a task on the job that they can not preform. However, there are some things to be said, lets say you are deaf, and you want to work for a telephone company that requires you to spend all day on the phone. Back in the 80's and 90's under the ADA act that deaf person could not get that job because it causes the company to suffer because your job is to be on the phones. However, now adays with the wonderful land of technology those company that may of turn away the deaf people from working there will now require them to have proof that they can maintain their job with the given accommodations.

so in your case Petthefish your case is really simple, first what your job is doing is actually illegal. They can not deduct from your pay for your health reason, (in your case using the bathroom more). If you give them a way that you can meet that 85% time that you are required to be around, through different accommodations then they are required to meet your needs (the ADA office could help you with some more examples of accommodations) . But for one example that i can think of on top of my head, you could state that all the other goals are meant above and beyond what the require goals are, but for the 85%, you being under the ADA act it is required that your job provides "Provide an accessible restroom and breaks" (ADA ACT). (in some states Bathroom breaks are already mandatory for all employees) But for you Petthefish you are protected and if a doctor says you need more bathroom time and breaks they most give it to you. Its like telling someone that is blind that he can not have extra time on an exam so he can hear and feel the test at a fair rate as those who are aka "normal". So find a lawyer and hit them hard. They can not do that. If you do not have money for a Lawyer. You can actually do it your self and file an Title III complain, which will be investigated with out you paying a cent. If they feel that action is needed to take place, and your company does not follow their instructions, you can take it to court free of charge.

To be honest with you, I would go to the the HR at your work, threat them that you are covered under the ADA act and that they are required to give you accessible restrooms and breaks. If they say no they do not, tell them you are filing for a Title III. Lets say the company does the dumbest thing and fires you. Get your bank account ready to hold large sums of money because they are going to get hit hard. The government does not put up with this type of shit and will hit the company hard, very hard.


I hope i did not give you to much confusion but this is a serious issue now a days, and quite frankly, I taken about 2 classes about the ADA and Disability Discrimination Act 1995. This is something i may go into post undergrad. I got 4 more classes left of Under Grad then off to get my masters. Hope this helped, if you have any more questions feel free to ask. All the best


David

Warning though, Be 100% sure that you are under the ADA act, if you disability paper work is filled out make sure its approved first. You do not want to go through all of this and find out that you were not protected under the ADA act in the begin with. But i know diabetics are protected so you should be good.

 

[{tpc}]

I would inquire with a lawyer in your area. You could really ask anyone and everyone for advice....or legal advice, but you won't know where you stand until you actually talk to a lawyer in your area. Most will usually give a phone consultation or actual meeting for free. Then you can decide from there.

Other than that I don't know. Most places nowadays are at-will employers. If you have a handbook, look to see if you are employed at-will. If you are, they can pretty much let you go, at any time, for any reason. The are a number of reasons they can't let you go for, race, relegion, gender, discrimination, whistle-blowing...that sort of thing, so you may have something to stand on with your disability.

However, they aren't saying you can't go to the bathroom, just that you must meet a certain goal of availability. Now if that goal is 100%, thats probably a good thing for you, because that would mean no breaks, and no bathroom breaks, which I am sure is against the rules somewhere. Now if they say 90% is the goal, then you need to somehow make a way to get the 90%. They are giving you options, thats a good thing, why not inquire with them about a job during the same shift that maybe doesn't require such high availibility. You say you are good and people come to you...maybe there is a supervisorary rule you could step into...or maybe they might be willing to make one for you. You could try that approach and see if you can sell them on the idea. Be creative, and show them how you could make them more profitable or more efficient. The worst that can happen is they say no.

Really though, talk to a lawyer, at least you will know your rights, and should come away with less stress as a result of knowing what is right now, unknown. Good luck!

 

[moki]

Well from a person that knows the ADA act like its written on the back of my hand. I for one know that under the laws of the ADA a work force can not fire or punish a given individual for a task on the job that they can not preform.

Sure, makes sense... if someone can't do a job, you can't fire or punish them for it?

???

Why not... I'll embrace it... If someone can't perform a particular task that is essential to their job, I suggest a raise!

 

[Sweetrice80]

Well from a person that knows the ADA act like its written on the back of my hand. I for one know that under the laws of the ADA a work force can not fire or punish a given individual for a task on the job that they can not preform.

Sure, makes sense... if someone can't do a job, you can't fire or punish them for it?

???

Why not... I'll embrace it... If someone can't perform a particular task that is essential to their job, I suggest a raise!

If you read closely i said "Task" A job is made up with many different "Task". Lets say for an example because i am deaf. My job is to make sure everyone gets their books (work at a library) but a small portion of my job description says that i am required to use the phone. That task can not be preformed however, does it really hinder the real part of the job. Making sure everyone gets their books? not not really. when i went in for my job interview i gave them different options they could put in place for me to be able to use the phone, they declined (because they didnt want to spend the money) and told me not to worry about the phone calls, if some one needs me i ask them to send me an email. or leave a message with one of my co workers.

I mean yes, I like jokes everyonce in awhile, but that comment was a blow to me when im trying to get ahead in the world full of normal people. So please be cautions about what you say in regard to this because is a big part of my life. Without it, i be in an institution using up all your tax dollors.

 

[grateful1]

Well from a person that knows the ADA act like its written on the back of my hand. I for one know that under the laws of the ADA a work force can not fire or punish a given individual for a task on the job that they can not preform.

Sure, makes sense... if someone can't do a job, you can't fire or punish them for it?

???

Why not... I'll embrace it... If someone can't perform a particular task that is essential to their job, I suggest a raise!

Heck, it's the American Way! or is that the Democratic Way? I'll have to look that one up!

Either way, ADA is there to help people who need it.
It sounds like they company is not willing to assist....get a lawyer and send everyone who posted a few cigars!

 

[tsmckenney]

Heck, it's the American Way! or is that the Democratic Way? I'll have to look that one up!

Either way, ADA is there to help people who need it.
It sounds like they company is not willing to assist....get a lawyer and send everyone who posted a few cigars!

Gary, you're confusing your cigar boards. CP's the one where we don't talk politics.

 

[moki]

I mean yes, I like jokes everyonce in awhile, but that comment was a blow to me when im trying to get ahead in the world full of normal people. So please be cautions about what you say in regard to this because is a big part of my life. Without it, i be in an institution using up all your tax dollors.

I was very careful about what I said -- and I eat my own dogfood, too. One of the artists who works for us is deaf, and he's fantastic. I had no issue with the ADA, for people who really need that protection.

I do have an issue with the immediate reaction being "get a lawyer" and "sue" when the reality is that if his job requires high availability, and he is unable to meet the rigors of that job for whatever reason, he should consider looking for a job more suitable for him rather than looking for a lawyer.

Note that I'm being very careful here... I'm talking about something that is integral to the job; a small task as you mentioned in your post, I agree with you on. But his job is sounds like being available is very important. He might be better served finding a job where that's not the case, and completing a particular task is more important than availability.

 

[Shibumi]

I have had type I diabetes for over 30 years. Good control of your blood sugars is the key. If your BS is under 125 you should be using the bathroom less, like everyone else. Also, I know that when your sugar is high, you drink more. Just try to drink less if your blood sugar is high. Less liquid going in.......etc. I gather you have type II diabetes. Are you taking insulin? If so, ask your doctor about insulin or even the pump. It keeps you very regulated. Check your blood sugar often.

These are just suggestions. I am by no means a roll model for good control. I know what needs to be done, I just don't do it. Good luck and try not to stress. That also raises the blood sugar.

 

[Sweetrice80]

Moki, You are correct. All depends on the importance of the availability if its like the number one task. But i was under the impression, doing the other goals were more important since, availability does not always mean profit for a given company. Its the knowledge and preciousness that matters. I was under the impression that the availability thing was there to make sure people are doing their job and not dicking around. More of a rule to follow than an task itself.

But like you said if Availability is the main source of that job there may be more issues, but proper accommodations could be made which is why I suggested him to check out the ADA act website first. If you notice i went by steps saving the suing for last. I agree with most of you suing is so over used. "Like damn my coffee is to hot, Im suing star bucks for burning my hand." WTH. But some time suing is necessary but is it over used absolutely.

David

edit: correcting Moki (name sorry for the misspelling)

 

[grateful1]

Heck, it's the American Way! or is that the Democratic Way? I'll have to look that one up!

Either way, ADA is there to help people who need it.
It sounds like they company is not willing to assist....get a lawyer and send everyone who posted a few cigars!

Gary, you're confusing your cigar boards. CP's the one where we don't talk politics.

I never mentioned that word!

:whistling:

My lawyer comment is just so he can get his facts in order.

 

[BlindedByScience]

I mean yes, I like jokes everyonce in awhile, but that comment was a blow to me when im trying to get ahead in the world full of normal people. So please be cautions about what you say in regard to this because is a big part of my life. Without it, i be in an institution using up all your tax dollors.

Take a deep breath. No one's going after you personally so there's no need for comments like that one. Moki's right - many folks object to the "sue, sue, sue" mentality. I guess I'm one of them.

And, if a person with a physical challenge could find employment where their challenge had absolutely no effect on their job performance, why wouldn't they take that job..??

And, Moki - I don't know jack about software but I'm pretty good with the whole hardware thing. Think I could get a job writing code...??....

 

[tsmckenney]

monki, You are correct.

That's either a hilarious oversight, or... well, we'll wait and see. Monki, I think, is a reasonable man.

It's Moki, not monki, Moki: the original rock star cigar forum celebrity muthaf...er.

I am sure it was just a hilarious oversight though, so about your business...

 

[Sweetrice80]

I mean yes, I like jokes everyonce in awhile, but that comment was a blow to me when im trying to get ahead in the world full of normal people. So please be cautions about what you say in regard to this because is a big part of my life. Without it, i be in an institution using up all your tax dollors.

Take a deep breath. No one's going after you personally so there's no need for comments like that one. Moki's right - many folks object to the "sue, sue, sue" mentality. I guess I'm one of them.

And, if a person with a physical challenge could find employment where their challenge had absolutely no effect on their job performance, why wouldn't they take that job..??

And, Moki - I don't know jack about software but I'm pretty good with the whole hardware thing. Think I could get a job writing code...??....

If i didnt make that comment, i would not be sticking up for what i believe in. So im sorry if you felt, that there was no need for that. But like myself i felt what Moki said had no need either. So i spoke up about it. We all have our differences and similarities but what people forget about is we are all trying to do the exact same thing, get ahead in life. I love CP, but I will not just let somthing blow over in somthing i believe in very very highly like this. If it was something of the lesser extend, i would of just laughed it off. Its like talking about someones mother, may be funny for some, but what about those who may of just lost their mothers and would not find that joke funny. Same concept. But i have moved on, I believe moki main point was to point out that suing is used way to much. Which i agree wholeheartedly.


edit Moki name.