job discrimination

jeane · Post by **jeane** » Mon Oct 24, 2005 1:23 pm

all this started about 2months ago/ I was accused of sleeping on the job on night shift but was never furnished any dates or times/ supposedly I slept through the telephone but the officer never woke me Up?????? we had switched from a sheriff's office to a police department. I had trouble from day 1 with the pd because I don't think that the police chief is the greatest thing that ever walked on this earth. a whole lot of ass kissing goes on/ i obviously am not one of them. I had worked for the sheriff's office for 11 years and not one complaint.

But I went and had a sleep study done and I do have obstructive sleep apnea/ dr told me I quit breathing 26 times in 1 hour for 10 seconds at a time so I have a cpap and am working to adjust to the machine. I also have thyroid cancer and am struggling to get my Levels down and get my meds adjusted. Is there any thing legally that I can do to protect my Job?

Guest · Post by **Guest** » Mon Oct 24, 2005 1:29 pm

I'm sorry about your situation and I'm glad you are getting treated, but I'd like my night shift police officers and those who take late night calls awake!

Do you value your job so much that you would put people at risk by falling asleep and missing urgent calls?

jeane · Post by **jeane** » Mon Oct 24, 2005 1:38 pm

sorry , you obviously misunderstood what I was trying to say. I hope nobody tries to take your job away from you with no basis. I was very concerned and checked out out the voice recorder// all of our calls are recorded and there was no calls that I missed. thanks you your lack of understanding

Grabraham · Post by **Grabraham** » Mon Oct 24, 2005 1:39 pm

Anonymous wrote:I'm sorry about your situation and I'm glad you are getting treated, but I'd like my night shift police officers and those who take late night calls awake!

Do you value your job so much that you would put people at risk by falling asleep and missing urgent calls?

If you are going to attack people at least have the b@lls to login.

jeane never stated that s/he was sleeping on the job, rahter s/he was accused of sleeping. Then went on to outline actions taken to avoid such a thing from happening.

Jeane play around with the search function at the top of the page. There have been discussions in the past about Apnea and the Americans with Disabilities act.

jeane · Post by **jeane** » Mon Oct 24, 2005 1:43 pm

thank you for understanding// I would never put the public at risk for myself/ I take my job very seriously as a 911 operator and would quit in a heartbeat if I thought I could not do the Job.

Wulfman · Post by **Wulfman** » Mon Oct 24, 2005 2:00 pm

Jeane,

The first thing that you MUST do is to inform your employer. Get your doctor to write a letter, note or something that states that you have Obstructive Sleep Apnea and that you are receiving treatment. Then, take it to your personnel/human resources department. That should help keep them off your back.

Also, like Grabraham said, do some searching on this site as there have been a number of discussions about this in the past.

Best wishes,

Den

tlc95066 · Post by **tlc95066** » Mon Oct 24, 2005 2:02 pm

Hi Jeane,
I urge you to discuss this with your HR dept. You may qualify for ADA or FMLA and your health care provider can assist you with a recommendation. The handbook for the sherrif's department will likely also have additional information regarding ADA and FMLA

The first place I recommend you go is to the HR department though. Your employer can only help you if you let them know you need help with either an accommodation or time off.

Hope that helps.
Teri

disclaimer: this is not a substitue for legal or medical advise.

sleepyinsunnyvale · Post by **sleepyinsunnyvale** » Mon Oct 24, 2005 2:26 pm

I'm not a lawyer nor am I an expert on ADA so what follows is strictly a personal opinion....
It seems to me that the ADA only says they can't fire you based on a disability. It does not say they have to leave you in a position that they believe could adversely affect others. If they PERCEIVE that your OSA could possibly cause you to be less than 100% effective as a 911 dispatcher and possibly put the public at risk they can take you off that assignment and give you another "equivalent" position (with equal pay, I assume).

Guest · Post by **Guest** » Mon Oct 24, 2005 3:02 pm

The question I see is "Is there any thing legally that I can do to protect my Job?"
I don't think it has been addressed. The question of legally varies from state to state and it would be good to know what state this is, then perhaps someone can get her the legal aspects from that state. Good complete documentation is always a big help, especially the names of the ones making the accusations. Keep a log of events. Good luck

jcobb607 · Post by **jcobb607** » Mon Oct 24, 2005 3:35 pm

Jeane,

If you are a member of the PBA or FOP, that is a good place to start. Contact your representative and seek counsel.

Good luck!

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job discrimination

job discrimination

job discrimination

thank for your understanding