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        Daily Chat >> General Posts >> CH and Work???
        
(Message started by: Pfunk on Mar 20^th, 2008, 7:51pm)

Title: CH and Work???
Post by Pfunk on Mar 20^th, 2008, 7:51pm

Just wanted to ask for some input and advice. I have been employed at Wal-mart for the last seven months. Thus far I have not had any problems with my upper management for any CH-related absences. But they change assistants every 6 months and the new one is a real prick. He came in two weeks ago and immediately wrote me up for days that happened long before he got here. He also said that if I am absent 1 more time I will be subject to job termination. I informed him that my condition is medically documented and it is in my file. He seemed to not care. I have decided to go to the GM and to human resources because all of my other superiors have been understanding and I know that he can't really fire me for something over which I have no control; especially since I actually have medical proof that shows I was under doctor's care on those days. I would also like to add that I have never in my life missed work for anything else other than the birth of my son.
If any of you have any info or suggestions, all would be greatly appreciated. Are there any forms or documents I can bring to help my case. Thank you. Much luv and PFDANS to all.

Pfunk

Title: Re: CH and Work???
Post by Groov on Mar 20^th, 2008, 9:08pm

I would read the Americans with disabilities act. I'll bet it would tell you a lot as it relates to your rights and exactly what they can do about your absences. That is a good place to start. I do not know if they can fire you for absences. You have to read the law on it. If you do the reading, you will be better armed when dealing with the prick superior.
Cheers, Dave
Dave

Title: Re: CH and Work???
Post by Jonny on Mar 20^th, 2008, 9:20pm

on 03/20/08 at 19:51:41, Pfunk wrote:

But they change assistants every 6 months and the new one is a real prick. He came in two weeks ago and immediately wrote me up for days that happened long before he got here.

Ask the newbie if he would like to be the center of a court action that will cost him his job. ;)

Title: Re: CH and Work???
Post by Charlotte on Mar 20^th, 2008, 9:37pm

on 03/20/08 at 19:51:41, Pfunk wrote:

I have decided to go to the GM and to human resources because all of my other superiors have been understanding and I know that he can't really fire me for something over which I have no control; especially since I actually have medical proof that shows I was under doctor's care on those days. I
Pfunk

I think this was a wise move. Try to outlast him. Can you also talk to a lawyer?

Charlotte

Title: Re: CH and Work???
Post by Barry_T_Coles on Mar 20^th, 2008, 9:53pm

on 03/20/08 at 21:37:04, Charlotte wrote:

I think this was a wise move. Try to outlast him. Can you also talk to a lawyer?

Charlotte

I agree with Charlotte & do it sooner than later.
If you hav'nt already given them a copy of the letter to friends & colleagues take that along with you as they may want to pass it on to your new super.

All the best.
Cheers
Barry

Title: Re: CH and Work???
Post by Groov on Mar 20^th, 2008, 9:54pm

on 03/20/08 at 21:20:28, Jonny wrote:

Ask the newbie if he would like to be the center of a court action that will cost him his job. ;)

YEA what Jonny said. That is why I suggested you read the Americans w/ disabilities act. It will help you to know just how much they can push you around.
Hope it all works out for you.
Cheers, Dave

Title: Re: CH and Work???
Post by DonnaH_again on Mar 20^th, 2008, 9:54pm

Since your condition is documented and has been accepted by past managers, I don't think this one can threaten you or write you up. Talk to Human Resources. They will have the answers.

Title: Re: CH and Work???
Post by cash5542 on Mar 20^th, 2008, 10:11pm

My daughter had a similar situation. She had a hit at work and was threatened the next day, formally with a letter to be fired. We called a lawyer and got the paper work from the American with Disabilities Act. We told her employer what had been done and they told us we were over reacting. Nothing ever came from it. We didn't even need to file the paper work. Guess they talked to their lawyer too! I think actually they may have been able to do something with her but I doubt Walmart could. If I remember, the size of the business is important. Good luck with this.

Charlotte

Title: Re: CH and Work???
Post by chewy on Mar 20^th, 2008, 10:26pm

You dont need a lawyer nor court action.

Go to HR and ask to make a Request for a Reasonable Accommodation.

A medical document is fine but if you haven't requested an accommodation then they aren't obligated to provide one.

http://www.eeoc.gov/press/3-1-99.html

Title: Re: CH and Work???
Post by Kevin_M on Mar 21^st, 2008, 5:37pm

There is FMLA, which allows up to 12 weeks in a yearly period. Under circumstances, an employee may elect to take the leave in increments under an intermittant leave or reduced leave schedule. Intermittant leave is taken in blocks of days, or a day as needed. Reasons could be chemo treatments and migraines.

Title: Re: CH and Work???
Post by deltadarlin on Mar 21^st, 2008, 8:00pm

FMLA only applies when you've worked a certain amount of hours (I had to deal with this).

Carolyn

Title: Re: CH and Work???
Post by chewy on Mar 21^st, 2008, 8:09pm

The term "eligible employee" means an employee who has been employed
(i) for at least 12 months by the employer with respect to whom leave is requested under section 102; and
(ii) for at least 1,250 hours of service with such employer during the previous 12-month period.

Title: Re: CH and Work???
Post by Kevin_M on Mar 21^st, 2008, 8:50pm

on 03/21/08 at 20:09:31, chewy wrote:

on 03/20/08 at 19:51:41, Pfunk wrote:

I have been employed at Wal-mart for the last seven months.

I see that now, the eligibility factor isn't there yet, I was looking for another option and didn't pay attention to that.
But reasonable accomondation seems to apply for something like a special request, like a modified work schedule for religious observance time or extra breaks to allow a diabetic to test blood sugar levels. Absences don't seem to fit, ch hits are not predictable occurances.

Title: Re: CH and Work???
Post by chewy on Mar 21^st, 2008, 9:18pm

The RA probably wouldn't fit into unpredictable days off from work but it would apply to time neccesary to use oxygen or wait for an abortive to take hold while at work.

The reasonableness of the accommodation can be negotiated with the employer. For example if you lose an hour at work to treat and abort then that hour could be made up somewhere else on a schedule.

When I process an approved Reasonable Accommodation I work out an agreement plan with the applicant. If the applicant violates the agreement without just cause then accommodation can become null and void.

Title: Re: CH and Work???
Post by Jonny on Mar 21^st, 2008, 9:27pm

on 03/21/08 at 21:18:59, chewy wrote:

When I process an approved Reasonable Accommodation I work out an agreement plan with the applicant. If the applicant violates the agreement without just cause then accommodation can become null and void.

So in other words the boss has the last say?

Title: Re: CH and Work???
Post by Kevin_M on Mar 21^st, 2008, 9:35pm

on 03/21/08 at 21:18:59, chewy wrote:

I can see that. I'm not indepth here, basic mgmt stuff. Sorry to make you work off the clock. Damn, that's illegal too. ;;D

With my previous employer, we had an attendance policy change at mid-year to a point system and immediately implemented. Some were suddenly at the brink of termination, just like Pfunk. It seemed like a cleaning out effort. Seems employers can tighten the policies in places with a tight job market.

Title: Re: CH and Work???
Post by chewy on Mar 21^st, 2008, 9:41pm

Quote:

So in other words the boss has the last say?

Not neccesarily. If the terms of the agreement are not met due to the circumstances of the medical condition itself then the provider (employer) may be obligated to renegotiate the agreement.

I'm not completely clear about that in the area of employer/employee RAs. I just shot an email to an ADA compliance specialist to find that out.

Title: Re: CH and Work???
Post by Jonny on Mar 21^st, 2008, 9:48pm

on 03/21/08 at 21:41:27, chewy wrote:

I'm not completely clear about that in the area of employer/employee RAs. I just shot an email to an ADA compliance specialist to find that out.

Then why even speak of something you know nothing about?

Title: Re: CH and Work???
Post by Pfunk on Mar 21^st, 2008, 9:50pm

Thank you all for the feedback. It is very appreciated and I will use all of this info to help my case. I spoke to my old manager last night. He and I had an agreement that he would deal with an occasional call-out if I busted my ass on all of my other days. He figured that there was no reason to give me a hard time since I do twice the work of the average employee any other time.
He promised to stand behind me in this and did inform me that I could fill out an FMLA form as some of you have alluded to. He did also say that I may not have been there quite long enough yet but since I gave them documentation in the beginning I may still qualify and he could work it out so I am in the clear. He is going to HR with me on Monday and we have set up a meeting with the store manager to speak with her, as this is not the first time this not a very nice person has written someone up with no justification. And so far he has been unsuccessful at firing anyone. She has overridden every decision he made so far. He has a serious inferiority complex (major "little man syndrome". He picks the biggest meanest looking guy on each side of the store and watches and spies on us to try and catch us doing wrong. Since he was unsuccessful at that, he has chosen to go back in my file from months ago and think that I will not follow through on fighting his ass.

Thanks again-
Pfunk

Title: Re: CH and Work???
Post by chewy on Mar 21^st, 2008, 9:52pm

on 03/21/08 at 21:48:33, Jonny wrote:

Then why even speak of something you know nothing about?

Almost showed signs of being able to enter an adult conversation. Proved that wrong again.

Title: Re: CH and Work???
Post by chewy on Mar 21^st, 2008, 9:56pm

Dont know how much the RA thing might help you but feel free to PM me if you have any questions.

Keeps the teenagers from interfering that way.

Title: Re: CH and Work???
Post by Jonny on Mar 21^st, 2008, 9:56pm

on 03/21/08 at 21:41:27, chewy wrote:

I'm not completely clear about that in the area of employer/employee RAs.

You should be speaking on this topic?

Title: Re: CH and Work???
Post by Kevin_M on Mar 21^st, 2008, 10:03pm

on 03/21/08 at 21:56:03, chewy wrote:

Dont know how much the RA thing might help you but feel free to PM me if you have any questions.

I was going to mention... should the intermittant FMLA eligibility be a problem, RA may help through the next five months until you are eligible. A tank in your car or even a janitor's closet, or any other abort with time needed is reasonable to accomodate and can save your job for five months.

Title: Re: CH and Work???
Post by chewy on Mar 21^st, 2008, 10:13pm

Good point Kev.

One solution doesn't negate the other.

Title: Re: CH and Work???
Post by swimchica623 on Mar 23^rd, 2008, 3:09pm

Isn't WalMart supposed to be good at supporting employees with all sorts of disabilities and medical issues? As in....doing exactly the opposite of what they are doing right now? I bet there is someone higher up in the hierarchy that you can talk to, because this guy is not only violating some standard employee codes, but some codes that WalMart claims to hold pride in.
Lisa