employers being uncaring and/or unaccomidating

[gecko1977a]

I work (for now at least) a nationwide major credit card company in the collections department.

I had been having problems with fatigue and drowsyness musch of my 2 years of employement. It would be bad for a bit and then get better. Since Christmas it got horrible, i was having to pull off the road almost daily, i had to stop off for food, coffee, snacks on the way home, and never left the house without something to munch on each day. I would black-out at my desk, forget what i was doing. I lost interest and even the stamina to go to the on-site fitness center to workout.

In late january i switched blood pressure meds from inderal to toprol XL, this made my life worse, my BP shot up, it was at 180 over 110 one day. I went back to the dr and FINALLY after bitching and moaning i got a refer to the sleep center.

I made sure i told my supervisor when i was going to the lab and the problems i was having with keeping awake. After the first study when I was diagnosed with OSA, but before i had my second one. and got machine.

It was a month between studies, so another month of being tired again...... Finally got my machine on April 20, had some up's and downs the first weeks.

A month and few days later i can say that i am starting to feel better. i am making it through the days without being tired, infact i barely even yawn during the day.


Well i am at the point now that if my performance statistic are not met i will be loosing my job.

What burns me the most is that it seems like they never took into consideration that I could not help that i was not able to function at work. Hell I should have not even been driving the hour into work and home each day being at tired as i would get. My parents raised me that unless you are really sick you should be at work. I rarely ever called in sick. I called in "runnin late" lots of times (I would either fall back asleep getting ready, or HAVE to pull off to get some rest)

I probably could have gotten my doctor to write FMLA papers to get me off work, but i was told that still would not have saved me from loosing my job due to poor performance.

I have told them that I refuse to resign (quit), and that i will wait till they terminate me.
============

Is what they are doing to me even right?
What would you do?
What will i do about the rental of my CPAP? do you think the DME will rent the machine at a lower cost if they don't have to bill insurance?

[brasshopper]

If so, apply now, do not wait. Many times only an application for disability allows such exceptions and it does put them on notice that you believe you have a real problem - you are not just coming up with something once you have been notified of poor performance.

Of course, this depends on the place that you are working. Good luck. No, I would not expect the average DME to rent you the machine for less with no insurance, but they might just abandon it if they have already gotten their money out of it.

Is what they are doing to you right? I don't know - the employer has a job they need to have done. I don't know what state law is in your area and what your obligations are under it.

I agree that you should not quit - but if you are too sick to do the job that they hored you for and if you once could do it before oyu got sick, you are disabled.

The point is that they say your performance is poor - you say that it is poor because you are sick. They might assert that they can fire you for performance even though you have FMLA'd and I would think that they can't - that being sick and recovering is what the fmla is all about. It would certainly put you in better shape if you need to hire a lawyer - doing nothing and letting them fire you for being sick is the worse course, I think - but still better than quitting - if you need money there is unemployment.

I would not take legal advice from them - they are probably under no obligation to tell you the truth - they certainly do not have to interpret the law in your favor.

[chdurie2]

I would be doing a lot of research now to find out your options. And probably brasshopper is probably right that you shouldn't be taking legal advice from your employer.

Can you turn around your performance? Will your employer keep you if you do?

What are your disability options, really? Would your doctor put you on disability for OSA? Is OSA an approved disability? Can your employer block your options now?

If you get fired, will they pay unemployment benefits?

Unless you have really pissed them off, all they want is a good worker. It costs more for them to replace someone than to keep them.

How angry are they at you? Is it naive of you to think you can repair the situation, if you think you can?

It may be unrealistic to expect them to subsidize your fatigue for two years when you didn't get a diagnosis. Blacking out at your desk is not a normal occurrence. They provide a gym so that you will take care of yourself, is probably their point of view. That doesn't help a lot now, but maybe it will in the future.

If you're using accommodate in the legal sense, the process of getting federal disability accommodations require that you put your employer on notice of your need. Telling your boss that you have a doctor's appointment is not notice. Notice is a report from your doctor on your condition together with your requested accommodations for the disability. Your employer does not have to agree to these conditions if he has a good reason. What a good reason is can be a subject of debate. You basically need to hammer out an agreement beforehand. Your employer also needs reasonable notice
of what he can expect from you while you are disabled. From what little I know, it can be a touchy area.

From what little I know from people who have had to go on disability, it is very tricky stuff. I know of a couple of people who were fired shortly after they returned to work from disability status. Is it legal? I don't know. I know someone else who was out for three months and they begged her to come back to work and basically told her to name her conditions if she were to return.

I wish I could offer more help, but I don't have to tell you that you are in a very vulnerable position.

good luck, and I hope you're able to turn this thing around.

caroline

[SuxBeingU]

WARNING---1st I am not an HR pro and do not know the specific laws in your state

That being said I have been a manager for some large nationwide companies and have had alot of HR training. Sounds like a you work for a big company and I am sure they have a seperate HR Dept and they all have similar processes for termination. W/o asking abunch of questions I will give some advice based on your post.

If they have given you a written waring(write up) or if they do you have the right to put comments on there. Make sure you note your medical condition on this form. NOT a seperate piece of paper. If you do it on a seperate piece of paper get you Mgr to sign and date it and keep a copy of everything for yourself. Your Dr can write you a note explaining your condition adn you can back it up with info off the internet.

Your Mgr may or may not like you so if hes pushing you to quit call HR adn explain the saituation to them. If they are wise they will call him and have it coll his jets ASAP.

In MOST states they cannot fire you if you go out on Disability and have to offer you a position at similar pay when you are able to return. Once you are "disabled" you are untouchable w/o them risking a HUGE lawsuit.

be honest upfront and go through HR if you're getting no response from your Mgr and whatever you do get/make copies of anything you sign and document ever conversation, who it was with what it was about and any witnesses. not to sue but so HR can see you have trying to comunicate with the comapny about your condition.


Good Luck


the flip side is do you really want to work for a company that doesn't care about their employees?

[SuxBeingU]

Can you turn around your performance? Will your employer keep you if you do?

What are your disability options, really? Would your doctor put you on disability for OSA? Is OSA an approved disability? Can your employer block your options now?

caroline

I was offered disability for my OSA, unfortunately I am self employed and I refused to give me any time off. I closed up shop for a month and worked very sparingly from home.

They simply call it a respitory(sp) problem. I also got a handicap placard, but never took paperwork to DMV to get it.

[chdurie2]

SuxBeingU's advice sounds really good. Better than mine. Good luck. I feel for you.

Caroline

[Offerocker]

the flip side is do you really want to work for a company that doesn't care about their employees?

I'm concerned about your long commute! That can be tiring for someone who does not have APNEA!
Has your BP meds made how you're feeling worse?
Good luck with the excellent advice you've been given.

[Wulfman-]

Here are some links to the Job Accomocation Network:

http://www.jan.wvu.edu/

http://www.jan.wvu.edu/corner/vol02iss04.htm

http://www.jan.wvu.edu/media/JobAccommo ... ocess.html

http://www.jan.wvu.edu/media/Sleep.html

First and foremost, you have to get a letter or note from your doctor that states that you have (severe) OSA and present it to your employer's HR department to be filed in your personnel file. Unless you have informed them that you do have a disability, they can do anything they want....to you.

Good luck,

Den

[gecko1977a]

I never thought that my performance at work would get to the point they were going to terminate me. I was always able to pull it out, but when april went down hill it effected what my stats were for may starting out.

When the toporl XL for my BP was not working i got back on the Inderal that i have been taking for 15 years.

dr. office is closed today and i will cal first thing tomorrow morning and have them fax the paperwork to HR ASAP, cause until i am formally fired i am still an employee

It takes about a week for the stats to become final, and until then they cannot say if for sure i did not make it or not.

[Goofproof]

WARNING: I also took Inderal for eight years, until I fell asleep driving a Goldwing 1200, at 55 mph on a winding road at 3pm, years before my Apnea. That day was my last dose.

No I never wrecked, but I scared a lot of onlookers, after I ran off the road through a ditch, they had never seen a Goldwing fly that high before. Jim

[Guest]

First and foremost, you have to get a letter or note from your doctor that states that you have (severe) OSA and present it to your employer's HR department to be filed in your personnel file. Unless you have informed them that you do have a disability, they can do anything they want....to you.

Good luck,

Den

I agree, ADA doesn't cover you unless you have prenotified them. You may need to fill out a form with the letter from the doctor. It all takes time.

Keep copies of it and a log of contacts made including when you left messages and what conversations were about.

You also need to have the doctor spell out what s/he thinks is "reasonable accomodation" in order to do your job. The employer gets to decide what is/isn't reasonable; it isn't automatic that they will accomodate. The JAN site listed in the above post are good guidelines but nothing is "sacred" there.

[Guest]

Maybe so.... but if the employer knows they a medial condishtion most companies WILL NOT take action against the emloyee for RISK being SUED!!!!!!

But make sure your employer is aware of your condishion and that you are doing everything you can to fix the probelm. Also, see if they will work with you on your scheduel and hours and even location if possiable. An hour drive is long... even for someone not suffering from OSA.

I would make sure to take your concerns to the higher mangment and the HR dept.

Lastly, as others have expressed... I would be concerned about working for company that seems to care so little about you and your health. Frankly, if you can't get them to be more concerned.... it may well be time to try to find other employment anyway. Btw, if you do interview for a new job, you need to explain to your new prespective employer about you OSA and what accodations you and they will need from one another.

[Bingo]

I am going to voice what I suspect will be a rather unpopular opinion around here.

I also want to make sure and be crystal clear that I am speaking not from a mean-spirited or uncaring point of view, but rather as an attempt at honest and constructive discussion. Please also remember I am a fellow OSA sufferer. I do know where you are coming from!

My first suggestion would be that you need to speak with your supervisors immediately if not sooner. You need to have an honest and blunt talk with them about your performance and what steps can be done to save your job.

Understand that ALL any of us here have to base a suggestion is what you wrote in your post. Based on what you have said, I can assure you that if you worked for me I expect I would be terminating you as well.

It sounds like your employer HAS been very caring and accommodating based on your post. Some things that really stood out to me:

I had been having problems with fatigue and drowsyness musch of my 2 years of employement.
I would black-out at my desk, forget what i was doing.
I made sure i told my supervisor when i was going to the lab and the problems i was having with keeping awake.

...
What burns me the most is that it seems like they never took into consideration that I could not help that i was not able to function at work.

Here is where I am coming from as a completely disassociated reader:

You spent 2 YEARS turning in a less than acceptable performance. How long are they supposed to give you?

You stated that you told your supervisor only a couple months ago about your OSA. Why did you wait so long?

Remember, when you are at work you are part of a team. How about your co-workers? Has it been fair to them that you are falling asleep at your desk? Is it fair to them that you are lacking focus all the time?

Then you say that you don't understand why they never took into consideration that you couldn't help not being able to function at work. How could they? You never told them until just now!! Furthermore, at what point SHOULD they continue to pay someone who can't do the job they are being paid for? How fair is that to THEM?

Again, PLEASE understand - I am not trying to be critical of you. I honestly do understand where you are coming from.

I simply want to see if the Employers side can be seen here. This does not sound like a case of some heartless business coming in and pulling the rug out from under someone. It sounds a LOT more like a long, on-going situation that is finally coming to a head.

Lastly, people always complain about insurance costs, low pay, poor benefits and all the other things that come along with a job. However, they are also quick to try and throw a lawsuit on someone when things do not go the way they wanted. Do you think those lawsuits come free?

Again, I urge you to go speak frankly and bluntly with your employer. Explain that you understand your performance has NOT been up to par of late. Explain that you are now taking steps to address the health issues you have had that have caused it. It may not be too late to save your job. I feel very certain that they would appreciate the candor and initiative from you. I can almost guarantee that they would very much enjoy seeing you take accountability for your actions.

Bingo

[DreamyDawn]

Wow! Your situation is so similiar to mine! I have been with my company for over 4 years and a supervisor for 2 years. I have been fatigued all of my adult life. I have had varying energy levels on a daily basis. I was able to keep up on my work and had a successful team. (Also Collections) Up until last fall. I purchased a home as a single mother and had a long couple weeks of moving and at least one night that I did not sleep at all but finished moving and went directly to work. After that point my energy left went downhill! I was so exhausted all the time struggling to finish my work, asking for help and extentions. After a couple months I went to a clinic thinking I was anemic or something. The PA I saw realized that sleep apnea could be causing this due to my larger neck and being overweight. I knew for some time I had sleep apnea to some extent but I didnt have insurance. She suggested a sleep study and a special state insurance that would help me. I had quite a time getting the insurance. I finally got that straightened out. By this time it was February. I then got the approval to see a sleep study DR. but not until May 17th. I couldnt wait that long my job was beginning to suffer extensively. I called the hospital at least twice a week to check for cancellations and to my luck was able to see the neurologist at the beginning of April. After this I then had to be approved for the sleep study. This was done by the end of April. Next I had to wait until the end of June for my sleep study. Again no way I could wait this long so I called and on the first call there was already a cancellation and I was able to have my sleep study May 9th. Well even though I worked so hard to get all of this done as quickly as possible and was on the cpap before I was even suppose to originally meet with the neurologist one day before my cpap was to arrive I was demoted to a collector for various reasons all having to do with my sleep apnea. I made my manager and director aware of everything that was going on the entire time. It was all fine with them until I went to HR and involved them out of fear of losing my job. Once they became involved and contacted our corporate office my direct bosses could no longer make the decisions concerning my situation. So maybe I should have never done this. I dont know. However now I am having trouble with my mask and have missed some work since then and I feel like I am proving them right! I still feel as though the VP of my office could have done more to help perserve my job. She just berated me for not seeking FMLA sooner but yet if I had never done so I would not have been demoted. Now my income is cut in half and I dont even have enough money to pay my house payment and utilities! Please pray for me and my family! I am purchasing a nasal mask today in hopes of better compliance with my cpap so that I can look for a better paying job and a more loyal employer! Sorry this is so long!

[RedThunder94]

[quote="DreamyDawn"]Wow! Your situation is so similiar to mine! I have been with my company for over 4 years and a supervisor for 2 years. I have been fatigued all of my adult life. I have had varying energy levels on a daily basis. I was able to keep up on my work and had a successful team. (Also Collections) Up until last fall. I purchased a home as a single mother and had a long couple weeks of moving and at least one night that I did not sleep at all but finished moving and went directly to work. After that point my energy left went downhill! I was so exhausted all the time struggling to finish my work, asking for help and extentions. After a couple months I went to a clinic thinking I was anemic or something. The PA I saw realized that sleep apnea could be causing this due to my larger neck and being overweight. I knew for some time I had sleep apnea to some extent but I didnt have insurance. She suggested a sleep study and a special state insurance that would help me. I had quite a time getting the insurance. I finally got that straightened out. By this time it was February. I then got the approval to see a sleep study DR. but not until May 17th. I couldnt wait that long my job was beginning to suffer extensively. I called the hospital at least twice a week to check for cancellations and to my luck was able to see the neurologist at the beginning of April. After this I then had to be approved for the sleep study. This was done by the end of April. Next I had to wait until the end of June for my sleep study. Again no way I could wait this long so I called and on the first call there was already a cancellation and I was able to have my sleep study May 9th. Well even though I worked so hard to get all of this done as quickly as possible and was on the cpap before I was even suppose to originally meet with the neurologist one day before my cpap was to arrive I was demoted to a collector for various reasons all having to do with my sleep apnea. I made my manager and director aware of everything that was going on the entire time. It was all fine with them until I went to HR and involved them out of fear of losing my job. Once they became involved and contacted our corporate office my direct bosses could no longer make the decisions concerning my situation. So maybe I should have never done this. I dont know. However now I am having trouble with my mask and have missed some work since then and I feel like I am proving them right! I still feel as though the VP of my office could have done more to help perserve my job. She just berated me for not seeking FMLA sooner but yet if I had never done so I would not have been demoted. Now my income is cut in half and I dont even have enough money to pay my house payment and utilities! Please pray for me and my family! I am purchasing a nasal mask today in hopes of better compliance with my cpap so that I can look for a better paying job and a more loyal employer! Sorry this is so long!