Need advice

[dyann]

Ok I had an interview today,  I have been having so much trouble here at my job since I started on D they treat me different they have made extra demands on me that they dont do to the other managers iMy friends beleive they are trying to make it so hard on me that i will quit, and it is starting to work  I am so much more depressed.   I have been sick alot this year with infections and a heart attack in and out of the hospital, but i have managed to get all my work completed even when i feel like I am dragging and having trouble just walking.  So the interview went very well but now I am a little worried  if I do get offered the position  what happens if i get sick and have to go back into the hospital again (after all i have been in 4 times since Jan) the new company really wouldnt have that much invested inme to keep me there,, but staying here is causing me so much stress and i doubt myself everyday cry a lot and sometimes i have even wished that this Illlness would just take me,  even though I really don't mean it  after all I am still rasining my children, but I am so tired of fighting with people who don't seem to understand why I am sick or will say well you look well to me  anyway any advice on what i should do it offered this position    and they don't know that i do hm hemo









EDITED:Moved to working on dialysis section- kitkatz,Moderator

[paul.karen]

Gut feelings are usually to be trusted.  If you feel they are trying to push you out and i have had them feelings in the past, likely they are trying to get you to quit.  That way they dont have to pay for you to collect unemployment (rat bas#$rds).  I would wait a bit and see if the new job comes through.  IF so quit old job and smile as you walk out.  If for some reason the new job lets you go (you wouldn't be quitting) thus you should be able to collect unemployment if need be.  Hopefully that wouldn't be the case

But for your own health and mental stability it seems you need to leave the job you have now.

best of luck all around.

[Jean]

I definitely agree with Paul and Karen. You cannot stay in a work environment where it is definitely dragging you down hill. And it sounds like it truly is. You do not need that. It may be even affecting your health and you dont realize it.

[sullidog]

These jobs really need to start caring about the employees then themselves, we did not plan this disease, we don't plan doctors apts, hospital visits, etc.
Troy

[supporter]

Hi Dyann,

Are you living in the United States?  If so, you have certain protections pursuant to the Americans With Disabilities Act.  Before I get into that any further, though, I'll give you a nice, lawyerly disclaimer: I am a practicing attorney, but any information I give you here should only be taken as general information, since I don't know all of the specifics of your situation or where you are working, etc.  You should definitely consult your own private attorney in your state for any advice specific to your situation.

That being said, trying to force someone out of a job (making them quit) because of a disability as defined by the Act is potentially a violation of the law.  This is known as "constructive discharge" or "constructive termination", which means that it counts the same as if you had been fired for having a disability.  A disability under the Act is generally defined as any physical or mental condition which substantially interferes with your ability to perform major life activities (which are such broad things as sleeping, eating, standing and working).  Similarly, refusing to hire someone who is the most qualified person for a position (or firing them shortly after hiring) for having a disability is also prohibited.  Potential employers are generally prohibited from making you take any kind of medical examination prior to making you a tentative offer of employment.  (Continued...)

[supporter]

Common defenses used by employers and prospective employers include a "direct threat" defense, which can be used if the employer can show by medical evidence that retaining the employee would pose an unacceptable risk to other employees or customers (such as people who have very contagious diseases), or if the employee is unable to perform the essential functions of a job, even with the employer making a "reasonable accomodation".

You are also entitled to take 12 weeks per year of (unpaid) leave and cannot be fired (under most circumstances) pursuant to the Family and Medical Leave Act to take care of your health problems, even if you've used up your sick benefit time (unless you've been notified that the time you've taken has been counted against your FMLA time).

Don't let these fiends push you around.  Please go see an attorney in your area who practices employment law tomorrow and get some good advice specific to you.  You need someone in your corner.

Good luck, and please let us know how it turns out for you.

[dyann]

Thank you everyone,  and thank you Newbie,  My sister is contacting a lawyer that she knows.  Just a little  insight when i became Ill last year and then went  into training for hm hemo,  I requested that i work 10 hours out of the hm  I was in the building 30 to 35 hours a week,  they have let others do it,  They even let on staff member go to fla and work 20 hours from there for 3 months not because she was sick, but because her husband went there for training for a job  then they hired someone to work her other 20 hours until she came back.  they told me no and than in order to make my hours up I would have to work every weekend while training to ensure I go my hours, I worked 3 months straight with one day off and that was becasue they put in my second fistula,  I knew that they were screwing me but I was so afraid of losing my job and i am rasing 3 kids alone  with in a few months I had a heart attack   I am 46 that should not have happened,  I recently had a young lady in my department transfer, they decided they would not let me hire for her position  telling me that i can work the floor and cont with my management duties,  I can work the floor, but this was a fulltime position  how do I do that and do my 45 hour a week management duties,  those are just a couple things,  i go home so tired I find I am snapping at the kids and they don't deserve it, well sometimes they do.  Today i am barely making through I amd so tired  thank you all for being here

[st789]

Maaaannnn......we all have experienced somewhat.  You are quite strong to deal with all of this.  Thanks for sharing.

[MooseMom]

You need to lawyer up.  If I were you, I'd start documenting everything you've told us, complete with dates and any medical reports you can get your hands on.  Try to establish/prove a pattern of discriminatory behaviour on the part of your employer.  Show that you have made all reasonable efforts to work as many hours as asked and have even offered alternative solutions to your employer.  This is the kind of situation that speaks to the heart of working while disabled; if you take action, you will be helping a lot of people who are in exactly your position.  An employment attorney will be invaluable. 

[Sunny]

I'm shocked by the way your employer is treating you. They are not making any accommodations for you at all. They are clearly violating U.S. laws. Do yourself a favor, and find an attorney.