Beth3 please let me explain a little more clearer

[ragsy]

What is the name of your state? new jersey

Here it goes.

I had epilepsy before I started working for the state. I was already being treated for epilepy at this point. I was still getting ceizures and technically was not totally cured. The presure was getting worse with the new supervisor and I wanted to transfer out of the group because I was afraid that I would get a ceizure during the workday.(since stress was the number one cause for ceizures occurance). I confronted personnel with a request to transfer and supplied the doctor's notes to them and they concurred that with the documentatiobn that I gave them perhaps I was not qualified for my position in which I currently at. I didn't know what to do at that time. However, when I started going to a doctor in Phila.,pa they found the medicine that worked 99.9 % of the time. But by this time personnel and management were used to pointing to my disability every time something went wrong and suggested that I wasn't doing my job. well, I tried to tell them that I was basically cured and provided the documentation to prove it, That didn't seem to convince them. They seemed to be on a vengence to get rid of me or force me to leave. every time I went for a transfer my manager fouled it up for me. So even though I was cured but management ws still under the belief that I was still ill and they had my initial documentation to prove it. I filed for an ADA just to protect me from personnel and management from using my disability to get rid of me. (this was the reasoning of the union to do so . I was not initially told that this could backfire and actually not come out as expected. personnel said that it was a good idea and the best thing I could have really done under the circumstances. ( bullsxxx to that one). So after the ada form was sent in, then personnel then told me the real reason about having control as to what they could do to me. Thats when I started to ask you questions pertaining to what rights did I have dealing with personnel and the doctor's recommendations and what possible outcomes could occur.
Sorry beth3 this was long but I hope you can understand this and please help me? As you can see this is a total mess and my job is on the line! Thank you very much for being patience and my family thanks you for your time. Sincerely . Don Rago

 

[Beth3]

I understand what's taken place but here's the thing. You submitted documentation to your employer basically saying you needed accmmodation because the stress in your position was likely to trigger seizures. In other words, you apparently provided medical documentation saying you could not continue in your job. So yes, the situation has backfired on you.

As medication at that point was entirely controlling your seizures and the only reason you submitted the documentation was apparently to prevent your employer from blaming your epilepsy for any performance problems you were having, it simply didn't make any sense to submit the accommodation request in the first place as far as I can see.

I honestly don't know what the solution is here. Once you submitted the request for accommodation, your employer has an obligation to follow-up on it. Yes, epilepsy would be considered a disabilty under the ADA however given that you were seizure-free and you were taking medication that so far has proven to be effective, again I don't see that there was any reasonable basis to submit a request in the first place. It would appear that whatever medical information your doctor provided has given them some basis to question your fit for continuing employment.

Since we can't turn the clock back, then the only other advice I can offer is that you consult with an employment law attorney. This is a very messy situation and there are absolutely key issues that need to be known in order how to determine how to proceed that cannot be shared or known in this venue.