employers being uncaring and/or unaccomidating

DreamyDawn:

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.

She just berated me for not seeking FMLA sooner

Sounds to me like your supervisor contradicted herself

I was able to have my sleep study May 9th

When/If you interview for another job, let them know that your diagnosis was just recently made, so that any references to your previous job performance are made, you'll have a valid reason - and documenation, plus the hope of it improving.

I am purchasing a nasal mask today

Don't you have any insurance through your employer? (I know it sounds like one of those dumb questions, but a DME supplier "should" get you a proper fit when renting via insurance)

I will add you to my prayers; keep your chin up and keep plugging away; you know what's best for you. I'd also continue with dialogue with your supervisors, although is sounds like THEY were pounded on from above for not reporting your 'problem', and maybe that's why they jumped on you?

How long have you known you had OSA????

Did you tell them about it ASAP?

I just wondering. Sounds like you may went threw a lot of this being undianosed. If so, and you were recently dianosed, and if your employer values you as an employee than you may still have a chance to save your job.

I would also check into taking use of the FMLA. It may at least allow you to "step outside" the company on a tempary basis and get the help you need.

Good Luck.

well i met with HR today, they have pretty much said they would no adjust the performance standards due to my OSA. Basically they more or less said i should have filed for FMLA at the beginning of this. And i may still loose my job.

I told the HR rep:
- my supervisor NEVER once suggested that if the problem was so bad that it effected my work, i should use FMLA. even though i mentioned that i was just too fatigued to work in a fast manor.

- the standards over the period that they looked at my performance had changed in some way each month

- my supervisor was kept advised of the process of my OSA diagnosis (cause i was estatic that i could see a treatment in site)

I did inform the HR rep that it is likely i have had OSA for years without ever knowing it (afterall it is a rather newly-found disorder)

I did get FMLA paperwork to give to my sleep doctor, but he would rather not have to fill it our, he would rather just dictate a letter to send to my employer. I did make sure to inform the nurse/assistant at the sleep center that before getting treatment for my OSA, I was dozing off driving (meaning i had no business driving a hour in rush-hour traffic) and when i arrived at work i was even more tired

WHat can I say... I feel you pain.

I too suffered from this for a long time without dianoses. Even when I went on CPAP... it didn't help very much. I would still awake all tired and worn out... just like I hadn't even went to sleep.

I recently had septo-rhinoplasty done to correct a nasal defect. Seems this may have been much of my problem. I can't belive the differance it has made.... even without using CPAP currently. I haven't felt this good in years!!!!! (I also now have a nice looking straight nose!!!!!!) (Silver lining in the cloud... I guess.)

My employer has been very understanding about this and most accomadating. In fact, the only thing I really had to do was to agree to go to 2nd shift to minmize the effect on them... I didn't care either... I don't mind working nights anyway.

I hate to say it... but I think when it comes to things like this... a lot just depends on how much they(the empolyer) really want you there or not.

I do really feel for you... I been through this a very LONG time. At first the drs could not even put a handle on why I was so tired!!!! I don't even fit the OSA basic profile. I'm in pretty good shape. Not but maybe 10-15 over weight.
Btw, I would have probally still not been dianosed except I saw a TV program about an NFL player whos syptoms were like my own. Even still, when I told my primary care dr he kind of question my thinking saying, "There is a big differance between you and a 315 NFL player" but he schuedle me an appointment with the sleep dr. After talking with the sleep dr he thought we would find I had OSA. Btw, it took nearly a year to go from there to sleep test and now at the nasal proceedure it's been about 1.5 years. (Been waiting 6+ month for approval from insurance for the septo-rhinoplasty!!!!)

I think another thing that has benefited me though is when I talked to my employer the regional supervisior was very under standing about it... for he himself has been in my shoes as well..... that is possbally having OSA. He has been trying to get in for sleep test himself. My wait time for the test about six weeks.... he had been waiting for nearly 6 months just to get in for the test!!!!!!!!!!!!

What are your chances of going out on disability for a month to get yourself some recovery time on CPAP and your BP under control (you are a danger on the road and not functioning at work). With two years of poor performance behind you there may be too much water under the bridge where you are now-so use some of that time off to look for a new job-or a new department/supervisor when you return to work. What kind of accomodations do you think you would need for OSA?

To gecko1977a:

I think there are many of us who lost good jobs because of undiagnosed sleep apnea. I was undiagnosed and misdagnosed for six years and then lost my long-time job as an executive in a global company. First the overseas travel became very burdensome to me and eventually I did not even want to travel overnight in the U.S. At the end just driving 30 minutes to work was too much. The company needed to terminate me and they did.

Out of work at age 60 with some time to pay attention to diet/exercise/sleep hygiene I finally suspected sleep apnea and had a sleep study to confirm it. In the meantime I had found another good job (at age 60!! - can you believe that?). The cpap therapy was only partially effective for me initially so I went to my new bosses and we worked out a parttime work schedule (no legal discussions, no mention of FMLA).

Now I am working parttime, doing aerobics and weightlifting five times per week, and starting to feel like something better than a worm. I hope in six to twelve months to feel well enough to pursue another full time job.

One good thing for me is that I worked long enough in high paid positions that I am now financially independent. But believe me there is a deep desire to be a productive achiever. Putting this desire on hold has been very tough!

Well I did not give you any advice so far but let me try now. Your number one priority has to be getting yourself in good health. Best of luck and keep us posted. There will be many of us on this forum praying for your rapid recovery.

At your company you are viewed as dead weight. A slacker. Your performance is substandard and you are consistently late. There are thousands of people out there who want your job and who will meet those standards and who will be on time. Your employer knows this. Why on earth should they try to keep you there? It is their job to get rid of the bad eggs and find the good ones. Therefore they are methodically proceeding to fire you and it is perfectly legal for them to do it.

I'd suggest you start looking for another job right away. You will be infinitely happier starting at a new job with a clean slate where you will be judged on your merits, not on past performance. There's no sense trying to hang on to a job where you are not wanted and where you will forever be viewed as a lousy employee. You're not only wasting your employer's time, you are wasting your own.

Boy... if that wasn't one sided.... and something I would not have expected to hear in this forum.

Is if fair to him that he has a medical condishition that he has no control over???

NO!!!

Is it fair to his fellow associates???? Maybe not, but again it is something he had no control over.

He needs to talk to them and see what accomdations can be made for him. Failing that, it shows how little his employers cares and I wouldn't want to work there anyway if they have so little regaurd for their associates.


Btw, I would also seek out the advice of an Attorney.

wabmorgan wrote:Boy... if that wasn't one sided.... and something I would not have expected to hear in this forum.

Is if fair to him that he has a medical condishition that he has no control over???

NO!!!

Is it fair to his fellow associates???? Maybe not, but again it is something he had no control over.

Just for the sake of honest discussion, and because I'm curious...

At what point DOES it no longer become the companies problem? He himself said he went for over 2 YEARS turning in a less than 100% performance.

At what point DO you have to stand up and take responsibility for your actions?

At what point do you have to consider the impact on co-workers and others around you?

Just for the sake of dicussion - what if someone spends 2 years feeling exhausted and worn down and thinks they may have OSA but doesn't want to go to a doctor and get TOLD they do. What if they get in an accident because they feel asleep? Do you still feel people should "lay off" them because they have a sleep disorder? How about if that accident killed your wife?

And just for reference sake - I do not buy at ALL this notion of 'a medical condition that he has no control over."

That is legal double-speak for 'Pay me'. I have COMPLETE control over my actions. I have COMPLETE control over my illnesses. I CHOSE to go get treatment. I CHOOSE to use my prescribed equipment at night.

I really, really have zero tolerance for this 'no control' crap. Are there certain things people have no control over? Sure. A good friend of mine has turrets. He yells things randomly. He can't control it. But guess what? He doesn't frequent places where it will be a problem. Why? Because he CHOOSES to. He exerts control over the problem by choosing where to go.

Another friend of mine is in a wheelchair. Can he control that he's a paraplegic? No, of course not. However, he's not going to go mountainbiking anytime soon either. Is that the fault of the bike manufactuers? NO! Is that the fault of the guy who built a house in 1887 that didn't have a wheelchair ramp? NOOOOOOOOO!

So why is this any different? Why do we spare all of someones co-workers just because someone else chose not to do something FROM DAY 1??

Why should some random employer have to PAY someone not to work when they didn't do EVERYTHING possible to control the situation from day 1??

I honestly don't get it. I really don't. Take responsibility. Own your situation.

That is my opinion.

Bingo

wabmorgan wrote:Boy... if that wasn't one sided.... and something I would not have expected to hear in this forum.

Is if fair to him that he has a medical condishition that he has no control over???

NO!!!

Is it fair to his fellow associates???? Maybe not, but again it is something he had no control over.

He needs to talk to them and see what accomdations can be made for him. Failing that, it shows how little his employers cares and I wouldn't want to work there anyway if they have so little regaurd for their associates.


Btw, I would also seek out the advice of an Attorney.

wabmorgan,

I assume you're referring to the last "Guest" post.....

I read it in two different ways:
1. It was just a mean and thoughtless post.
2. It was an "over-the-top" look at the reality of how some employers view their employees.

It all depends on the attitudes and philosophy of the employer and how much they value their employees. I've seen both extremes. I think in this case only gecko1977a is the one who can come close to knowing at this point.

'nuf said,

Den

If he choses not to get treatment and it continues to affect his job preformace then sure he is at fault.

If he has gotten treatment and it isn't working, the question is he doing whatever he can to fix the problem??? (In my case, CPAP wasn't helping much due to my nasal problem. So, I got the surgery done.) (Glad I did too!!!)

As for driving, if it is that bad, he needs to quit driving until he is better. Or atleast avoid driving when he is tired. (I wouldn't want to see him get in an accident either.)

I am not saying a company should put up with something, but they should make reasonable allowances to acconmadate someone with a problem.

If you have gotten treatment and it is working for GREAT!!!!!! But for someone which it is not... Or is still in the process of seeking treatment. I think some understanding is in order. I know it took forever just for me to get in for my sleep test.(Btw, you know, this is very under dianosed and poorly understood by employers unless they have had someone with the condishtion.)

Personally, I am an advocatic of if they are not going to care about him as a person and an employee then... he needs to seek other employment. And he needs to explain to the new prespective employer about his condishiton and what they may be able to accommodate each other.

Example, the new employer may be able to offer a different working shit where the impact would be less to their bussiness. (As mine did.) Or they may be closer to him which would reduce his drive time.

The only point I will agree with you on is that if he is not seeking nor receiving treatment and is simply using Sleep Apnea as an excuse then it is time for his employer to take action.

Btw, in reading this... his story... I don't get the opinion that is the case. It seems to me that they are simply shoving policy down his throat and not trying to understand he has a medial problem which he has little control over, at least at this current point.

It also seems he may need to seek other treatment options. CPAP doesn't work for everyone. I do remember him saying, "I feel like taking the mask in and telling them to wear it and go to sleep." That to me, says he may be having trouble using or wearing the CPAP. An equipment or mask change may be in order.

There are some people that simply don't tolorate CPAP. Personally, I never had a problem wearing the CPAP. I even sleep with it all night long the very first night but it didn't help much due to my nasal problem. I even tried a full face mask... no help there either. Hence, surgery was the only option in the end.

LAstly, I will agree that a lot of this is simply tied to "how much do they really want you there".

None of us are in his shoes. What's that's old saying. You can't really understand someone's problems unitl you have waked in their shoes.

We may all suffer from sleep apnea, we can all give him advice, but we don't work for his employer.

Best of luck to you.... and each of us.





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I am in the HR field. The first thing that you need to do is go directly to the HR Dept. and let them know that you may need a FMLA accommodation. You may be eligible for an Americans with Disabilities Act (ADA) accommodation, however your health care provider is key in this determination. The accommodation request must be reasonable and it must be substantiated by a health care provider.

Regardless of a request for an accommodation, employees are required to still do their jobs. If the job you that you have is to strenuous then you may be able to request a temporary job change.

Again the first place you must go is to the HR department. I do have apnea and I can tell you that it is difficult to work when you are first adjusting. Your employer should be able to help you with your adjustment period.

Hoping for the best for you.


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I fought for two years to get my family doc to refer me to the sleep lab.
ME: Doc I'm tired, some days i just don't feel like getting out of bed (cause i was so tired)
Doc: you must be depressed, let me push some drugs on oyu
ME: took them, had the worst episode ever of drowsiness, quit taking them after the second day (I started to fall asleep and had just enough control and whitt about me to get into the rest area, fell asleep and woke almost 2 hours later)

one time i was told to Get some excercise, which did help me shed some pounds, but the apnea was still there, and slowly began to chip my strength away

I have no issues wearing my mask. I put in on, start up the machine and boom i am out light a light till the next morning, It is something i would rather not have to mess with in my busy life, but i know that it is necessary. I simply LOVE my machine cause i know it is helping.

If it were not for a friend i met having apnea, I would have never know about it, it was him that actually told me to keep persuing the doctor, but as you know, with today's insurances you HAVE TO have a referal.

Just to let you all know how things are going.

On the 9th of june my supervisor gave me the final #'s for may, and recommended me for termination. That morning i had given my letter from the doctor to the HR dept and one to my supervisor... they both got copies, i kept the original

I had that weekend off. The following week I hear nothing, my supervosr said the person in HR was off; I sat there and was a good lil boy and did my job as i was susposed to do it.

Finally today at 3PM my suprv. said she needed to talk to me about my situation. We go into the private conference room and she lets me know that they are willing to give me this month (hell it si the 19th, what is 10 mor days) to get my goals and such brought up higher than last month (mid month and i am meeting all the heavy weighted goals). Then I must be a successful contributor for july and august, then i will be off the final written warning.

I think i will use this time to heavily search for a new job.


Oh I also want to add i got a F&P 431 FF mask, and it seems to be helping, at no cost to me (apria said they had one laying around - probably used and sterialized, i washed it anyways)

gecko1977a wrote:I think i will use this time to heavily search for a new job.

Good thinking. Hopefully you've been searching all this time. A fresh start in a place with no preconceived ideas about you will be a much nicer and happier place to be. Good luck.