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I think I need a lawyer
- Thread starter Petthefish
- Start date
tigger
gutter-grade asstrash
Misspelling the name of the person you're communicating with, particularly when it's been corrected above, could be viewed as a little disrespectful. Just saying...
Shibumi
Looking for Effortless Perfection
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 Monk 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 monki main point was to point out that suing is used way to much. Which i agree wholeheartedly.
Can't you get his name correct? Maybe you should just call him Andrew.
Petthefish
New Member
thanks for the info and really the availability is to make sure you are not dicking around most other people cant make the other goals unless they meet the availability as they have not been at it as long as I have. It is hard to explain it when they have it set in there mind one thing hell I am doing more work then others in less time your think that would be a good thing.rp
sweetrice80 thanks for all the info rp
sweetrice80 thanks for all the info rp
{tpc}
Professional Poker Tournament Loser
Just to clarify, when I said talk to a lawyer, I meant just that, and not "sue, sue, sue" type of thing. The op was, in my mind, asking a question that can only be best answered by those with the expertise. Not taking away from anyones knowledge here on the subject though...
Talk to an attorney like others have said. Talking to one doesn't mean you want to sue like some people believe, it is important to know your rights especially in an employment matter. Generally, like you have said, the employer must reasonably accommodate your disability as long as it does not unduly burden the employer. Like all things, there are exceptions to the rule. Oregan may also have tougher requirements on employers than ADA, so do some research with the state DHS if you aren't comfortable going to an attorney yet.
Best of luck with everything :thumbs:
Best of luck with everything :thumbs:
Marco-Polo
Go Irish Go!
Depends on the materiality of the requirement (whether it's actually key to the performance of a job) and whether accomodations are possible.
Core role of being an outbound caller at a call center is to make calls and close sales. OP's clearly doing that. Availability (time on phone) is something conducive to effectively performing the job, but not necessarily the same as effectively performing the job.
Now, if he's doing solely incoming calls, like at a 911 call center, availability is key - you have to be able to take the call. But that's not really the case for the OP, who has targets based on calls made and sales made.
Think of it like this - a fireman has to be able to carry a 200 lb weight, in case they have to carry someone out of a burning building. That's a material requirement. Having big muscles would certainly help, but you can't say that every fireman has to have a minimum 20 inch biceps. That's an arbitrary requirement, and is verboten.
For the OP: talk to a lawyer. They'll tell you what forms have to be filed to keep your ducks in a row. A lawsuit is a last resort, but advocacy - telling you what to say, talking to HR on your behalf - is the bread and butter of an employment lawyer's job. Corporate HR (assuming that you have corporate HR; smaller call centers often don't) is in the business of risk mitigation, and they'll take it in stride.
tsmckenney
Mick
I wish I could offer you something along the lines of the Act, but I'm not an expert. I do have a close relationship with more than a few folks who are borderline Diabetic, or who are Diabetic. Both groups have made big changes to their lifestyles, and not that you need to hear this, but it only gets more difficult as you get older. Especially dropping weight. Anyway, stay healthy. Do some research on your own. Don't leave everything up to your doctor. Think of how many people have been told they would die in X amount of months and have lived X amount of years. Christ, think of Magic Johnson, how the f... is he still around. Lots of money, right, but it's more than that.
As far as your job goes, I kind of read that like this: You think you're pretty f'n good at your job. Not too many guys hang out at a table telling their friends that they suck at their job, and might get fired for it. Point is, it's possible somebody doesn't think you kick ass at your job. One man's positive is another man's negative, and vice versa. Have a heart to heart with a manager, make sure you know 'exactly' what the deal is. Then work on it. If their only concern really is the longer bathroom breaks, which would be surprising; then keep up that job search.
ggiese
Well-Known Member
It is my understanding that the ADA does not take employer rights away with regards to job performance. The Act is based upon the employer making "reasonable" accommodations for the disabled (the key word is "reasonable"). The Act's absolute power is in prohibiting employers from discriminating against an invidual because of a disability - and not a means to broad brush paint all industry to provide absolute preference to disabled persons.
If "availablity" is a defined task necessary for job performance, and there is a defineable business need for compliance to be 85% - the ADA may not be able to protect the employee. An attorney may be able to review the applicable sections of the ADA act, and provide an opinion of a successful challenge to the company's business need (remember, though - it is only an opinion, not a guarantee). However, one should never think that the absolute answer to this type of issue is to hire an attorney to attack a right possessed by the employer - that can be disasterous.
Carefully consider your options - and do what's best for you. Challenging an employer may not be the right thing - working with the employer (particularly if they view you in a very positive light) is likely the best solution. For example - have you approached your HR department and discussed the business needs vs. your physical needs? How do those compare and/or contrast? And - more importantly - how can YOU make accomodations to the employer that would fit the business needs to create a win/win? After all - it's in their best interest as well (HINT: There are benefits for employers that make accomodations to protected classes).
And if that doesn't work, as Andrew suggests, be prepared to move on to an employer that can provide the accomodations you need. IBS can be brought on and/or aggravated by undue stress making your situation that much worse...
Good luck!
If "availablity" is a defined task necessary for job performance, and there is a defineable business need for compliance to be 85% - the ADA may not be able to protect the employee. An attorney may be able to review the applicable sections of the ADA act, and provide an opinion of a successful challenge to the company's business need (remember, though - it is only an opinion, not a guarantee). However, one should never think that the absolute answer to this type of issue is to hire an attorney to attack a right possessed by the employer - that can be disasterous.
Carefully consider your options - and do what's best for you. Challenging an employer may not be the right thing - working with the employer (particularly if they view you in a very positive light) is likely the best solution. For example - have you approached your HR department and discussed the business needs vs. your physical needs? How do those compare and/or contrast? And - more importantly - how can YOU make accomodations to the employer that would fit the business needs to create a win/win? After all - it's in their best interest as well (HINT: There are benefits for employers that make accomodations to protected classes).
And if that doesn't work, as Andrew suggests, be prepared to move on to an employer that can provide the accomodations you need. IBS can be brought on and/or aggravated by undue stress making your situation that much worse...
Good luck!
LilBastage
Meat is murder! Tasty, tasty murder.
If you think you need a lawyer, call one. You'll get all kinds of advice and info here, but nobody can tell you exactly what you need to know. I'd reckon there are very few to none here that know the specifics of Oregon law and the pertinent statutes, etc. Call a lawyer and find out what your options are.
It really is that simple.
I wish you the best.
It really is that simple.
I wish you the best.
Sweetrice80
Deaf Mofo
you can actually skip the lawyer part and ask someone who works for the ADA department. That website, www.ADA.gov will give you numbers and people to call. The needing lawyer part should be last. Because if the ADA department feels the need to investigate they will investigate themselves. Then if the company does not follow the instructions of the ADA department, then I call a lawyer. Plus, if you think about it, you would have a much better case if you went in this direction. Because this would be a clear cut and dry case that a given company did not follow the ADA departments instructions to help accommodate for a given individual.
Dozerhead
New Member
Personally, if it were me, I would consult with an attorney that is familiar with the labor laws of your state as well as employee rights. Not with the intention of suing your employer or to threaten a lawsuit, but just of find out what your rights are since this may be an issue with you regarding future employers, as well. That way you will know better as to what your next course of action should be. Hopefully everything can get worked out without a lawyer ever being directly involved because no one will want that.
Also, I'm a physical therapist and I've worked with a lot of diabetic patients and I know how hard it can be even when you do follow a healthy lifestyle. Best of luck on both fronts.
Also, I'm a physical therapist and I've worked with a lot of diabetic patients and I know how hard it can be even when you do follow a healthy lifestyle. Best of luck on both fronts.
StinkiMonki
Cimb in the back with your head in the clouds and
I'm Monki, he's Moki.
Captain Leafheart
Aroused member (still)
Why don't you just take a cordless phone with you into the can? I do it all the time! (not really)
And Sweetrice80...OH CANADA!
And Sweetrice80...OH CANADA!
punk_lawyer
Habeas Punkus
As a lawyer, I agree with the sentiment urging you to contact a lawyer...to an extent. I am not an employment lawyer but I work with one who is amazingly skilled and he generally does not like much about ADA claims. There is a reason for his dislike: they are not as lucrative as other areas of employment law. (Yes, I know that is a money grubbing statement but since filing lawsuits is how he makes money, he chooses ones that will, ummmm, make money). Many lawyers will barely want to talk about anything unless they can see a path to the green in what you are saying. Private lawyers are not public servants and they get nothing from giving you friendly advice.
If your state has a labor department or a wage & hour department, contact their local office. You can get good information from the available state offices. My guess is that unless you are able to pin down a specific private attorney with ADA experience, you are going to get weak advice at best. Stick with the state offices or the federal departments first. Their information is going to be free and, once you get someone on the phone, their information is usually going to be correct.
Good luck on this one. I always hate to hear of employment concerns like this.
If your state has a labor department or a wage & hour department, contact their local office. You can get good information from the available state offices. My guess is that unless you are able to pin down a specific private attorney with ADA experience, you are going to get weak advice at best. Stick with the state offices or the federal departments first. Their information is going to be free and, once you get someone on the phone, their information is usually going to be correct.
Good luck on this one. I always hate to hear of employment concerns like this.
lurch
I.Y.A.O.Y.A.S.
I'm with "monki"....
Watch what you eat and exercise REGULARLY...
Put yourself in their shoes for a second:
If you are meeting your goals that are set in front of you yet you're working half the time, think about what you could do if you were there the whole time.
It seems that all of your health problems are stemming from your weight issue. Lose the weight and all your problems are solved. Not to mention you'll feel hella better when your waist line get cut in half.
Watch what you eat and exercise REGULARLY...
Put yourself in their shoes for a second:
If you are meeting your goals that are set in front of you yet you're working half the time, think about what you could do if you were there the whole time.
It seems that all of your health problems are stemming from your weight issue. Lose the weight and all your problems are solved. Not to mention you'll feel hella better when your waist line get cut in half.
As the son of a diabetic, I can tell you that weight is not the only cause for the disease. And while it may seem like a simple solution and easy to tell others to just lose some pounds and everything will be great, that is not true and is disrespectful in my opinion. Its like me telling someone who can't walk to crawl up some steps and stop complaining about it. Why don't we leave the medical advice to people who know what they are talking about?
ggiese
Well-Known Member
We choose to believe what we believe - right, wrong or otherwise. It's way too tempting and easy for most to create a solution to a situation with a frame of reference from their own viewpoint. Clearly (in this case) ignorance is bliss!!!
