I deleted everything I put in here since most, if not all people don't think this should be treated as a disability. I Was hoping this would be more of a rallying point for people who have been wronged by their jobs and I guess that was just overly-optimistic of me.
Basically my job is letting me work 2 hours remotely for the next two months so if I have a problem getting up I'll be able to fix it.
A Victory? For me at my Job - CPAP - Updated
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
A Victory? For me at my Job - CPAP - Updated
Last edited by brackstone on Wed Apr 16, 2008 9:10 pm, edited 5 times in total.
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sleeplessinaz
- Posts: 1067
- Joined: Mon Oct 29, 2007 10:49 am
- Location: Mesa, Arizona
Hi There ---this does not sound like a victory to me at all. When they said they will revisit your sick and vacation time after the 2 months go by--that makes me nervous for you. They are planning something and the two months will give them enough time to find out how to execute that plan --that is just MHO.
_________________
| Machine | Mask | |||
 | ||||
| Additional Comments: new Airsense auto set 12/08/14. Cpap pressure is | ||||
Start Date 08/30/07
APAP setting is 6 to 12
HH 2.5
Side Sleeper
HypoThyroidism & Diabetes
New Airsense autoset 12/08/14
APAP setting is 6 to 12
HH 2.5
Side Sleeper
HypoThyroidism & Diabetes
New Airsense autoset 12/08/14
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
Yes I believe you but I don't really think they are in a position where they can do anything negative to me. But we'll seesleeplessinaz wrote:Hi There ---this does not sound like a victory to me at all. When they said they will revisit your sick and vacation time after the 2 months go by--that makes me nervous for you. They are planning something and the two months will give them enough time to find out how to execute that plan --that is just MHO.
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sleepycarol
- Posts: 2461
- Joined: Thu Aug 30, 2007 7:25 pm
- Location: Show-Me State
- Contact:
I agree with Sleepless on this one.
Taken directly from the ADA act:
The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.
The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis.
I have been to meetings on the ADA and I can assure you there is plenty of wiggle room in the laws.
I think until there is a clear cut court battle on this it isn't a sure thing about getting accommodations for sleep apnea.
Taken directly from the ADA act:
The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.
The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis.
I have been to meetings on the ADA and I can assure you there is plenty of wiggle room in the laws.
I think until there is a clear cut court battle on this it isn't a sure thing about getting accommodations for sleep apnea.
Start Date: 8/30/2007 Pressure 9 - 15
I am not a doctor or other health care professional. Comments reflect my own personal experiences and opinions.
I am not a doctor or other health care professional. Comments reflect my own personal experiences and opinions.
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
I hear what you are saying here,sleepycarol wrote:I agree with Sleepless on this one.
Taken directly from the ADA act:
The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered.
The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis.
I have been to meetings on the ADA and I can assure you there is plenty of wiggle room in the laws.
I think until there is a clear cut court battle on this it isn't a sure thing about getting accommodations for sleep apnea.
I don't know what the average severity is for sleep Apnea but I suffer from 40 episodes in an hour. My doctor told me this was extreme and that's why he's been backing me up with my work.
As far as working remotely they have people working remotely, and they offer people to work remotely. One of the techs worked remotely from Florida for most of his career until he moved back to New Jersey.
You can't argue Hardship when it's something you have allowed and still allow other people to do.
If I have to have a clear cut court battle I will. I feel I was discriminated against unfairly and nobody is taking my disability seriously.
Sleep Apnea a disability, what a crock... Sleep Apnea is a condition, a treatable condition. If you don't treat it, it's your fault not time to crawl up to the sow. I probably had sleep apnea for 10 years before I was treated, I worked every day. at a job that required you to have your head in the game.
After I found out I had apnea, I treated it, problem solved went on with life. No sow where I was to crawl too. I wouldn't have crawled even if there were. Jim
After I found out I had apnea, I treated it, problem solved went on with life. No sow where I was to crawl too. I wouldn't have crawled even if there were. Jim
Use data to optimize your xPAP treatment!
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
Re: A Victory? For me at my Job - CPAP Litigation - Updated
I sincerely hope that this is a victory for you. However, as a former employer, I would suggest that you be concerned that in two months, you will no longer have a job, and be terminated for cause. It is highly unlikely, although possible, that you will get back any previously used sick or vacation days. Companies prefer to keep you out of sick and vacation days and force you to take days off without pay instead, or negotiate them one by one, a day at a time.
I would suggest that you work closely with your Doctor and get your bipap machine set (or do another titration even if you have to pay the $600 or so that it costs, but your insurance may pay for a second one) so that you can get relief from the apnea's and find a way to set your schedule to go to bed at 12 hours before you have to be at work and see if you can adapt to that. Companies are NOT required to allow you to work the shift you want and the only option out is to quit, unfortunately. It does not matter if it is convenient for you to work these hours. Normally an employer can change an employees shift in only one or two days regardless of the inconvenience the shift work has for the employee.
Employers can, but do not have to, make accommodations (reasonable or not) for you, and most will not unless they think it is THEIR best interest. Also, in most states, your drivers license will be suspended for untreated sleep apnea, which then makes the employment picture very bleak indeed.
Probably the only SURE way you can work this out is to show your employer that you are not getting proper treatment and good therapy and can return to your normal work schedule with little or no impairments.
Full or partial disability pay is very poor in most companies these days and even harder to qualify. I dislike painting such a bleak picture of how many companies work, but it is. unfortunately, true.
I am also confused at the word Litigation in your title. If a lawsuit has actually been filed, your attorney will not want all of your thoughts in the public domain, before he sees them. If not, any mention of Litigation will cause each and every statement issued by the company to be screened by their attorney and accommodations will only be made if legally required to be made. Companies are sued all the time. The question is always does the suit have any merit. You can usually find out if your case has any merit, by finding a good ADA attorney and see if he will take your case without a retainer and agree to only take a part of the eventual judgment.
I would suggest that you work closely with your Doctor and get your bipap machine set (or do another titration even if you have to pay the $600 or so that it costs, but your insurance may pay for a second one) so that you can get relief from the apnea's and find a way to set your schedule to go to bed at 12 hours before you have to be at work and see if you can adapt to that. Companies are NOT required to allow you to work the shift you want and the only option out is to quit, unfortunately. It does not matter if it is convenient for you to work these hours. Normally an employer can change an employees shift in only one or two days regardless of the inconvenience the shift work has for the employee.
Employers can, but do not have to, make accommodations (reasonable or not) for you, and most will not unless they think it is THEIR best interest. Also, in most states, your drivers license will be suspended for untreated sleep apnea, which then makes the employment picture very bleak indeed.
Probably the only SURE way you can work this out is to show your employer that you are not getting proper treatment and good therapy and can return to your normal work schedule with little or no impairments.
Full or partial disability pay is very poor in most companies these days and even harder to qualify. I dislike painting such a bleak picture of how many companies work, but it is. unfortunately, true.
I am also confused at the word Litigation in your title. If a lawsuit has actually been filed, your attorney will not want all of your thoughts in the public domain, before he sees them. If not, any mention of Litigation will cause each and every statement issued by the company to be screened by their attorney and accommodations will only be made if legally required to be made. Companies are sued all the time. The question is always does the suit have any merit. You can usually find out if your case has any merit, by finding a good ADA attorney and see if he will take your case without a retainer and agree to only take a part of the eventual judgment.
_________________
| Machine: AirCurve™ 10 VAuto BiLevel Machine with HumidAir™ Heated Humidifier |
| Mask: Fisher & Paykel Vitera Full Face Mask with Headgear - Fit Pack (All Sizes Included) |
| Additional Comments: Titrated on Auto CPAP at 7/14 cm: Only licensed medical professionals can give medical advice or write prescriptions |
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
I'm glad to hear about your success Goofproof however I think you're being very ignorant in this situation. Not everyone has had the same success as you and some people are still not having great success even after many treatments.Goofproof wrote:Sleep Apnea a disability, what a crock... Sleep Apnea is a condition, a treatable condition. If you don't treat it, it's your fault not time to crawl up to the sow. I probably had sleep apnea for 10 years before I was treated, I worked every day. at a job that required you to have your head in the game.
After I found out I had apnea, I treated it, problem solved went on with life. No sow where I was to crawl too. I wouldn't have crawled even if there were. Jim
There is at least 1 Major Pharmacutical Company that is doing a study on people who use CPAP but are still tired and they are trying to augment that with drug therapy and my doctor also knows about this and he is trying to prescribe me Provigil so I can stay awake during the day. However my insurance company might not approve it.
I don't know what you would have me do, I have problems waking up, I can't drive, and I'm not getting proper rest. I use my CPAP equipment everynight just like I'm supposed to and I was getting better for a while and now I'm just getting worse.
I'm really surprised on a forum that's supposed to support awareness I am finding this level of intolerance.
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
Re: A Victory? For me at my Job - CPAP Litigation - Updated
Deletedww wrote:I sincerely hope that this is a victory for you. However, as a former employer, I would suggest that you be concerned that in two months, you will no longer have a job, and be terminated for cause. It is highly unlikely, although possible, that you will get back any previously used sick or vacation days. Companies prefer to keep you out of sick and vacation days and force you to take days off without pay instead, or negotiate them one by one, a day at a time.
I would suggest that you work closely with your Doctor and get your bipap machine set (or do another titration even if you have to pay the $600 or so that it costs, but your insurance may pay for a second one) so that you can get relief from the apnea's and find a way to set your schedule to go to bed at 12 hours before you have to be at work and see if you can adapt to that. Companies are NOT required to allow you to work the shift you want and the only option out is to quit, unfortunately. It does not matter if it is convenient for you to work these hours. Normally an employer can change an employees shift in only one or two days regardless of the inconvenience the shift work has for the employee.
Employers can, but do not have to, make accommodations (reasonable or not) for you, and most will not unless they think it is THEIR best interest. Also, in most states, your drivers license will be suspended for untreated sleep apnea, which then makes the employment picture very bleak indeed.
Probably the only SURE way you can work this out is to show your employer that you are not getting proper treatment and good therapy and can return to your normal work schedule with little or no impairments.
Full or partial disability pay is very poor in most companies these days and even harder to qualify. I dislike painting such a bleak picture of how many companies work, but it is. unfortunately, true.
I am also confused at the word Litigation in your title. If a lawsuit has actually been filed, your attorney will not want all of your thoughts in the public domain, before he sees them. If not, any mention of Litigation will cause each and every statement issued by the company to be screened by their attorney and accommodations will only be made if legally required to be made. Companies are sued all the time. The question is always does the suit have any merit. You can usually find out if your case has any merit, by finding a good ADA attorney and see if he will take your case without a retainer and agree to only take a part of the eventual judgment.
Last edited by brackstone on Wed Apr 16, 2008 9:24 pm, edited 1 time in total.
The intolerence comes from expecting someone to take responsibility for your actions, what's needed it to make your treatment work, if it wasn't working. the first thing I would do is get a proper fitting FF Mask, to take mouthbreathing out of the mix. Then I'd get a mechine that collected needed data and the software to read it, so I could see what's wrong.
The last thing in the world I would do, is get my employer involved, that's the sure way to get out of your job. Sleep Apnea doesn't come on overnite. By fixing your treatment correctly you can get better fairly fast. Sometimes in this world we have to take responsibilty for ourselves. Jim
The last thing in the world I would do, is get my employer involved, that's the sure way to get out of your job. Sleep Apnea doesn't come on overnite. By fixing your treatment correctly you can get better fairly fast. Sometimes in this world we have to take responsibilty for ourselves. Jim
Use data to optimize your xPAP treatment!
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire
[quote="brackstone"]
I'm really surprised on a forum that's supposed to support awareness I am finding this level of intolerance.
I'm really surprised on a forum that's supposed to support awareness I am finding this level of intolerance.
_________________
| Machine: AirCurve™ 10 VAuto BiLevel Machine with HumidAir™ Heated Humidifier |
| Mask: Fisher & Paykel Vitera Full Face Mask with Headgear - Fit Pack (All Sizes Included) |
| Additional Comments: Titrated on Auto CPAP at 7/14 cm: Only licensed medical professionals can give medical advice or write prescriptions |
you have been in therapy for close to 2 years now - sounds like you might need a real doctor if what you are doing isn't working -
ADA accommodation is basically a joke - they do it if and when the want to - they get to decide what is reasonable not you - they don't have to go back to anything that happened before they decide they want to accept your request either so no back time in leave
and if they decide what you and your doctors want is unreasonable - bye bye job - been there - got that tshirt
my accommodation request wasn't based on OSA btw - OSA was a minor part of it and they sure weren't going to accommodate me on a schedule change for that
oh, the hand delivered letter to my house was so much fun
BTW - I tend to agree with WW that broadcasting what you are going to do in the line of a lawsuit/legal procedure is totally inappropriate in an open forum (even in a closed one I would be reserved). Nothing is very private online.
ADA accommodation is basically a joke - they do it if and when the want to - they get to decide what is reasonable not you - they don't have to go back to anything that happened before they decide they want to accept your request either so no back time in leave
and if they decide what you and your doctors want is unreasonable - bye bye job - been there - got that tshirt
my accommodation request wasn't based on OSA btw - OSA was a minor part of it and they sure weren't going to accommodate me on a schedule change for that
oh, the hand delivered letter to my house was so much fun
BTW - I tend to agree with WW that broadcasting what you are going to do in the line of a lawsuit/legal procedure is totally inappropriate in an open forum (even in a closed one I would be reserved). Nothing is very private online.
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
I have a full face mask as well as my nasal pillow. When I wear my nasal pillow mask I tape my mouth shut so there is no mouth breathing.Goofproof wrote:The intolerence comes from expecting someone to take responsibility for your actions, what's needed it to make your treatment work, if it wasn't working. the first thing I would do is get a proper fitting FF Mask, to take mouthbreathing out of the mix. Then I'd get a mechine that collected needed data and the software to read it, so I could see what's wrong.
The last thing in the world I would do, is get my employer involved, that's the sure way to get out of your job. Sleep Apnea doesn't come on overnite. By fixing your treatment correctly you can get better fairly fast. Sometimes in this world we have to take responsibilty for ourselves. Jim
I also have the Smart Card on my machine with which I collect data and I have the software to read it and according to that information nothing is wrong. I even brought it to my doctors office and they said they didn't see anything unusual.
The problem is while I'm doing all this WHILE I'm trying to fix myself for the past 3 months is I'm paying for doctor's appointments, trying different prescription drugs and LOSING TIME.
I'm faced with getting my pay docked when I'm living in a sinking economy and I have a wedding to pay for. I'm getting no help from my work and the fact that they offer other people to work remotely and I have never been afforded that opportunity is absurd.
IF you think I'm NOT doing anything to help myself in this situation then your wrong. You could have ASKED me first. It's not like I just turned around and said "Apnea Made me do it! It's all that's fault!" but right now I have nothing else to do but to try to get SOMEONE to lend me assistance and even though I have been a dedicated employee and gone above and beyond to assist them they are not returning the favor.
I don't know what you would do in my situation because from what I've read you'd be doing the same thing I've been doing for the past 4 months and NOTHING IS GETTING BETTER.
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
That comment wasn't intended for you.ww wrote:
Please don't misunderstand intolerance for an intense desire to assist you. Sleep Apnea is treatable and the results are amazing, but treated improperly, the results can be a disaster, as you state.
People on this forum can help immensely, if you are looking for help, they can offer a lot of wisdom on the subject and how to get effective treatment.
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brackstone
- Posts: 168
- Joined: Sun Jul 16, 2006 5:42 pm
Thanks for the information, I'm sorry to hear about what happened to you and I hope it doesn't happen to me.jules wrote:you have been in therapy for close to 2 years now - sounds like you might need a real doctor if what you are doing isn't working -
ADA accommodation is basically a joke - they do it if and when the want to - they get to decide what is reasonable not you - they don't have to go back to anything that happened before they decide they want to accept your request either so no back time in leave
and if they decide what you and your doctors want is unreasonable - bye bye job - been there - got that tshirt
my accommodation request wasn't based on OSA btw - OSA was a minor part of it and they sure weren't going to accommodate me on a schedule change for that
oh, the hand delivered letter to my house was so much fun
BTW - I tend to agree with WW that broadcasting what you are going to do in the line of a lawsuit/legal procedure is totally inappropriate in an open forum (even in a closed one I would be reserved). Nothing is very private online.
As far as the two years things were going great and getting better! I was actually doing excellent until this whole shift change thing happened to me. It really doesn't seem like it should've effected me this much but my Doctor seems to think that's what did it.
I think my doctor is about as good as it gets. According to them they were rated the #1 sleep center in the country.
I am trying to get support and see if anyone else has been through this matter and see if they have any experience because this is such a new thing. I just wanted to ensure that what happened to you does not happen to the next guy.
Last edited by brackstone on Wed Apr 16, 2008 9:25 pm, edited 2 times in total.