Can I be pushed out of the Company?

[Catb4sig]

What is the name of your state? Arizona

I have worked for my employer for a total of 6 years in two branch offices. I developed hand, arm and shoulder pain from the heavy typing and was treated under workingman's compensation with physical therapy. I missed no work days.

This was repeated two years later when I developed the same pain. A work station analysis was done by the therapist (under workman's compensation) and adjustments were made to my computer station. I bought myself the recommended chair and used a telephone headset. Again I missed no time off work.

A week ago the branch office that I was working for let me go (a layoff they said). The Company kept me on, but as a floater. This means that I will be replacing those in any of the 35 branch offices sick, delivering babies, or on vacation. As I will only be there a few days at any one office, no allowances will be made for me. Last week I did not even get a headset to work with and already my neck and arms are hurting. Is there anything that I can do to get the Company to acknowledge my needs, or will I be jeapordizing my job if I ask for some accomadation?

People who know my situation feel that they are trying to force me to quit. Can they do this? Do I have any recourse?

 

[cbg]

At the time of the layoff, how many people were let go?

Did you, at any time, tell your employer that you needed the acccomodations, or were they all done at the recommendation of workers comp?

The answer to the question you ask is a very, very tricky one, and I want to make sure I have all the appropriate facts.

 

[Catb4sig]

In my office I was the only one let go. Company wide I have no idea. There is really no-one but management who would have the answer to that.

The workman's compensation therapist arranged for an inspection of my work area, with my boss's permission. She and I were both given copies of the end report that recommended several changes to my work station.

Thank you for replying.

 

[cbg]

Sorry, but sometimes the answers to questions bring more questions. How many employees in the office where you were? (approximately will do if you don't know for certain). Roughly how many employees overall? Can you confirm that there were others laid off in other offices, even if you were the only one from your branch?

You still have not directly responded as to whether YOU SPECIFICALLY asked for any type of accomodation. Do I assume from your answer that all accomodations were made not on your request, but on the recommendations of workers comp?

I assure you that I'm going somewhere specific with this, not asking questions idly.

 

[Catb4sig]

There were 8 employees in my office. I found out today that at least one other experienced person in the company was put on the same "roving" status that I was, pinch hitting in any office that was short handed. Company wide I have no idea. I am grateful to be working (although my new status cost me a monthly office bonus), its just that I'm just uncomfortable that there are no concessions for my condition in the various offices to which I am assigned and its unrealistic to expect that for a temporary replacement.

Upon the recommendation of the therapist, I asked and received a keyboard under the desk drawer that was large enough for a mouse pad. That helped a lot. I bought myself the chair, paper holders and book tilt that was also recommended. I'm discovering that most offices don't use telephone head sets, even though this aids enormously. Does that answer the question?

 

[cbg]

I think you're going to have to take this situation outside a bulletin board. I fully understand that you can't get figures company wide from your position, but the lack of those figures makes it difficult to give you a definite answer. Since there appears to have been a legitimate layoff, all they would have had to do is let you go completely if they wanted you out of the company. What difference does it make if they pay your unemployment benefits or someone else's? So I have a hard time believing that they are trying to make you quit. It's not impossible, but if they really want you out, there were much easier ways to do it.

As far as accomodation goes, there may be reason for them to be "considering" you as disabled, which would entitle you to protection under the ADA even if your condition does not qualify (something we cannot possibly determine in this format). The fact that you requested SOMETHING to accomodate you is in your favor to this end. However, it is also true that even if the ADA applies here, they are only required to make a "reasonable" accomodation. Providing special equipment in every office where you may end up working for a few days may not be considered reasonable. There's just no way to tell in the limited structure of a bulletin board.

I told you from the first that this one was going to be tricky. I can only recommend that you take all the details to an employment attorney, who may be able to get some of the info we're lacking in this format.