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Laid Off After Becoming Disabled

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  • 05-24-2008, 05:59 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting cbg
    View Post
    Please answer the question directly.

    What do you think the employer should have done to accomodate you in doing your job?


    My job could not be modified to suit me as it turns out. My job required heavy computer work and 80-90% or more was spent using the computer.

    I believed at the time that finding me another job in the company without much computer use would have worked. However, it turns out now, that any position would not have worked. I did not realize it at the time and wanted to try something else in the company.

    As far as trying to accomodate me, The HR lady emailed me about two Vice presidents and suggested I talk with them. I spoke to one VP right away and he informed me of two openings available, one under him and one under the other VP. The VP gave me the name of the managers to talk to(one position in his group and one in the other VP's group). I talked to the managers the VP recommended. ONe manager said his position was filled, and it turns out the position had heavy computer usage. The other position was the same and I wouldn't meet my needs.

    I went back to human resources and let them know that the position was filled and it had heavy computer use. The HR lady told me "you don't have a degree, do you Mark. Sorry there is nothing else available". For some reason I believe there were other positions available. I think I went on the web and looked. I asked, "what about those field service jobs or tool engineer jobs?" She just clammed up.

    That is when I went back a few days later and asked about how to apply for disability because the dizzynees was unbearable. They clammed up and wouldn't give any advice. 7 weeks later I was laid off with a group. I was the only guy with my skillset laid off at that time. One or Two weeks later they laid off another guy with a similar skillset. I think he may have been gone on vacation for the original party.
  • 05-24-2008, 06:34 AM
    cbg
    Re: Laid Off After Becoming Disabled
    Are you qualified to perform a tool engineer or field service job? Could you have done those jobs while suffering the dizziness and other symptoms?
  • 05-24-2008, 07:48 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    One could defintely argue that I am qualified to do the field service work and tool engineer work, because after getting laid off I hired on at a different company, making same pay, as a technician were my job duties were to work on the tools and assist in developing new processes. So my new job demostrates that I could convince another company, that didn't even know, I was capable enough to work hands on with the equipment. I lasted one day at company #2 becuase of fatigue and dizzyness and was forced to resign by the HR director at the new company after telling him my health was preventing me from doing the job. I was upfront to begin with that I had some health concerns, so they were taking a chance with me.

    At company #1, I had already designed many of the tools that the field service people were to fix or the tool engineer would maintain. I had intimate knowledge of how the equipment was put together and the different variations of equipment. I demostrated that I could use amny of the tools and troubleshoot problems. MOst of all, company #2, that didn't even know me, had hired me to do similar work after the layoff.

    I didn't realize it at the time how bad my dizzyness was, but with company #1, I probably couldn't have done a tool engineer job due to my dizzyness and fatigue. However, I never told company #1 that I had any other limitations other than my chief complaint which was working with the computer all day. They had no reason not to give me a try.

    I feel another point of discrimination was the HR lady said "you don't have a degree, do you Mark". When I came back asking about other jobs. Funny the job I held typically required a mechanical engineering degree, which is a bit above the requirements for field service technician or tool engineer. I was working as a mechanical designer where I would go out and troubleshoot and wrench on a regular basis.
  • 05-24-2008, 07:55 AM
    cyjeff
    Re: Laid Off After Becoming Disabled
    I know this isn't what you want to hear, but it sounds like the company tried their best to find you a position.

    Having failed that, they would have been within their rights to terminate you with or without a layoff.
  • 05-24-2008, 08:26 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    I don't see how telling about a position that has just ad much computer usage making an effort to find me another position.

    What law are you referring to? It is my understanding that there is ERISA, ADA, governing disability.

    What about my long term disability policy? It says if I become disabled while wokring at the company for any reason that prevents me from doing my regular line of work that I will receive LTD benefits. I directly asked to " how do I go about getting disability" and was told it is not for professionals?
  • 05-24-2008, 08:59 AM
    cyjeff
    Re: Laid Off After Becoming Disabled
    Quote:

    Quoting mark120472
    View Post
    I don't see how telling about a position that has just ad much computer usage making an effort to find me another position.

    What law are you referring to? It is my understanding that there is ERISA, ADA, governing disability.

    What about my long term disability policy? It says if I become disabled while wokring at the company for any reason that prevents me from doing my regular line of work that I will receive LTD benefits. I directly asked to " how do I go about getting disability" and was told it is not for professionals?

    They tried to find you another position. The fact that, in today's environment, there are very few jobs that do not have a computer component. The company does not have to create a job for you because of your disability.

    See my example of the blind airline pilot. No matter how much that pilot demands to be placed in the cockpit, it isn't going to happen. In addition, the company does not have to come up with a way for a blind pilot to fly. Some accomodations are no possible.

    You have yet to say what accomodations you want. Just to say, "something else that pays as much or more than what I was making before but doesn't require computers or anything that will set off my vertigo" isn't enough.

    Accomodations would be giving someone with a bad knee a high stool to sit on so that they could see over the counter. It wouldn't be lowering the store. You get the point.

    You mention ADA. As I said last page, those may or may not come into play but ONLY, repeat ONLY, if your disability is deemed applicable. As I asked last page, has your disability been deemed ADA applicable? Just because your doctor calls it a disability does not make that applicability automatic.

    As for your LTD policy, there is no way that anyone on this board can answer that question. LTD's are privately held policies that are individual to your former employer.
  • 05-24-2008, 10:10 AM
    mark120472
    Re: Laid Off After Becoming Disabled
    Sounds like your point is that they should try to accomodate me to some extent if I had a disabling condition. But they tried and that is the extent of thier liability. What law are you referring to, anywhere I can find it to read more?

    Chronic fatigue syndrome often takes 2 or more years to diagonose. It is a difficult thing to prove. BUt it is real and social security recognizes it.

    I found one attourney who wants me to pull my personnel file from the company and come meet him for a more detailed look at the facts.

    Seems to me just by practical common sense if someone has a LTD policy and gets sick and requests to file an application that should be a right of the employee.
  • 05-24-2008, 04:18 PM
    cbg
    Re: Laid Off After Becoming Disabled
    I feel another point of discrimination was the HR lady said "you don't have a degree, do you Mark".

    Educational discrimination is NOT illegal.
  • 05-24-2008, 05:32 PM
    mark120472
    Re: Laid Off After Becoming Disabled
    Steve Jobs, Bill Gates, Michael Dell, and the CEO of my company do NOT have college degrees. Is it fair to assume that maybe a degree is not necessary to do certain jobs?
  • 05-24-2008, 07:40 PM
    aaron
    Re: Laid Off After Becoming Disabled
    Like starting your own business? Right. You can hire yourself even if you don't have a degree. ;)
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