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Designating me on FMLA after 4 months

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Philip N. Beam

Guest
Where are you Human Resource people? FMLA problem.

My employer has told me last week over the phone that I am on FMLA starting November 10. I had been out on disability from January 21 to July 5. I was released with a "minimal" restriction by my doctor that I should not be returned to the call center enviroment due my diagnosed anxiety disorder. I went on 1/2 pay on July 21 and have sat waiting for them to find me an alternate vacant position. I have a Bachelors(89) and Masters(92) degrees (3.6 & 3.7 GPAs) in Industrial Distribution from The University of Texas at Tyler that they have not recognized as qualifying me for an alternate position outside of the entry level position at the call center. I ended up in this job after 15 years in the oilfields when I was transferred to a plant in Houston NOV96. I submitted my resume to Human Resources at that time and they assigned me to the entry level position at a call center where my education was not considered. I have struggled ever since to maintain and have pretty much gone downhill. They have told me repeatedly that if you don't recruit in initially with the education, it's not on the table. This is the largest oil company in the world and their policy manuals are rife with committment to the employee and non-discrimination. I find myself in a position now where I'm certain the goal is to put me out on a medical disabilty after the FMLA leave is up. The information I'm finding on FMLA is contradictory. Some say the employer can designate me on FMLA and run my disability concurrent while other sources indicate that this should have been implemented toward the onset because the company had plenty of information in that regard. The transfer from Production to Marketing with a 20% drop in pay in an entry level position that required no education was the first strike. I was explicit as to the intent of sending in the resume and transcripts that I was trying to realize opportunity based on my qualifications. My second strike has been the medical problem that has manifested itself over the past 4 years. I am currently pursuing any and all options available to me. I never had a work issue or problem until I starting asking about opportunity. I have even been told that typically when the company thinks of degreed individuals they tend to look at people that are 23-25 years of age off campus. It goes on and on and on. My thing right now is this FMLA. I have emailed members of senior management and told them that I am against this decision and don't understand its purpose. They in no way have given me a fair shot at an alternate position in lieu of the restriction and I have 10 weeks left. They are very large and powerful and they usually get what they want. I know that I am like a knat to an elephant and I am deemed nothing more than a nuisance, but I'm hanging in there primarily for my family. They behave in a manner that is evasive, deceitful and against their own published policy. I have tried to hold them to their word as I have held to mine but I know that time is on their side. They are extremely public image minded and always try to maintain a tight upper hand. I have heavily documented my issues and to my knowledge have done it all by the book. Their biggest dislike of me was my persistent inquiry these past 4 years over my worsening situation. No warm embraces here.
Any and all help is sincerely appreciated. I know I'll have to lay it all on the line but I'm hopeful it will work out somehow. There past recommendations that I should take my career development issues to the marketplace have been unacceptable in view of stated company policy. Also I am now 43 years old with a medical situation that has been manifested by these past 4 years. They have indicated to me that they want the medical restriction lifted. My doctor advises against it. I'm in it until I'm out!
Any and all advice is sincerely appreciated. Thanks, Philip
 



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