violation of ada???

[ouch]

What is the name of your state?West Virginia I suffer from sleep apnea/narcolepsy and have proof of a written document I gave to my employer asking to be put on another shift to help with my sleeping problem. My employer denied my request and I was subsequently terminated for calling into work late when I overslept. Do I have a case against them for violating my rights under the Americans with disabilities act??

 

[cbg]

We'd need CONSIDERABLY more information that that to give any kind of informed opinion.

Were there any openings on the shift you wanted? Nothing in the ADA requires an employer to create a job for you or bump someone else out of their position to create an opening for you.

 

[ouch]

WV Yes there is a list a mile long of people wanting to transfer to day shift and the second shift job would be in the same exact dept. This is for a large company, our plant alone employs about 1000 people split between two shifts. I have outstanding reviews and am considered one of the best trained and hardest working people in my dept. (My supervisors words not mine) I never had this affect my work when I was on second shift and feel I have lost a very lucrative career because of a certain individual in the H.R. dept. did not think that sleep apnea/narcolepsy was that big of a problem and that I was simply oversleeping. I don't drink or do drugs or have a lifestyle that would keep me from my job. The other problem I have is that when I overslept I called in and requested half a day vacation to cover myself and was denied by H.R. even though this has been approved for other people.

 

[ouch]

WV ALso at very least I should have been allowed to have some lattitude in my start time as it was made known to them that I was diagnosed and beeing treated for narcolepsy. I also worked over 600 hours of overtime last year and informed them that this made it difficult to figure out my meds so that I could get a good nights sleep.


Any advice would be appreciated

 

[HomeGuru]

What is the name of your state?West Virginia I suffer from sleep apnea/narcolepsy and have proof of a written document I gave to my employer asking to be put on another shift to help with my sleeping problem. My employer denied my request and I was subsequently terminated for calling into work late when I overslept. Do I have a case against them for violating my rights under the Americans with disabilities act??

**A: and what exactly was this so called written document?
Was it a note from your Mom?

 

[cbg]

I didn't ask if there were people wanting to transfer to your shift. I asked if there were any openings on the shift you want to transfer to.

 

[ouch]

No smart ass it was a written document from me to my employer explaining my diagnosis and requesting reasonable accomadation.


Yes there were openings on the other shift.

 

[rmet4nzkx]

Did you make a formal request for ADA accommodations and did you have documentation form your doctor?

When you describe difficulty adjusitng your medications and that lifestyle was not a factor, I take it that you ae not overweight? You are usind a CPAP for your sleep apnea and exercising good sleep hygine and taking a medicaiton such as Provigil, how much?

Did you has for an accommodation of limited overtime so you could maintain a schedule? Did you have a sleep study and make those results available?

 

[ouch]

No I am not overweight yes to everything else. Overtime was mandatory and you could not leave unless you used vacation time. Overtime was 2 hours mandatory everyday sometimes three hours. Also 10-11 hours on saturdays and some sundays.

 

[rmet4nzkx]

When did you formally request ADA accommodations, when did you receive your Dx? Good that you are not overweight. Have you had any head injuries?

 

[rmet4nzkx]

Was your sleep disorder triggered by your recent divorce?

 

[ouch]

I have been acused of being dropped on my head but no I have not had a head injury (lol) I made my request in July after I was two minutes late and recieved a verbal warning. This is when all the overtime started and I started having problems. I was diagnosed about a year prior to this and my supervisor and the company nurse was aware of it.

 

[Gadfly]

ADA requires reasonable accomodation as long as it does not affect the needs of the company in an adverse way. In a company that size it would seem that they would be well aware of the requirements of the ADA, so my question is: What reason did they give you for not making the change?

 

[HomeGuru]

ADA requires reasonable accomodation as long as it does not affect the needs of the company in an adverse way. In a company that size it would seem that they would be well aware of the requirements of the ADA, so my question is: What reason did they give you for not making the change?

**A: yeah, why couldn't they put a sofabed at your workstation.

 

[weenor]

**A: yeah, why couldn't they put a sofabed at your workstation.

Reasonable? ....yeah....maybe a futon.