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Frustrated and Cofused

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MSKim

Junior Member
What is the name of your state? Mn
I feel like I have been totally shot down at my job because of a medical condition that Im getting very stressed out and Im at my wits end....:eek:
I work for a printing company(huge corporation) and I work over nights 5pm to 5am...I recently turned 40 and I am going through some changes that has caused me to see a medical Dr and My Dr wrote a letter recommending I go to a day shift as It would be beneficial to my health, my place of employment REFUSED the letter and told me that I am capable of working overnights and theres no excuse why I cant I went and got another Dr's note and got no response to that one as well..Im so upset by this I feel im being punished because of a medical condition that we are getting under control ...
I have also had a few more problems with this company and brought it to HR and all they did was say we will look into it....I was called a Dumb F-ing B --- and a Mother F-er by 2 employees ..
I could really use some good advise
Thank you
MSKim
 


cbg

I'm a Northern Girl
Despite what a great many people appear to believe, barring a FMLA situation (which does not apply here) a doctor's note has no force in law and the employer has no legal obligation to follow it. Your doctor does not run the employer's business. You can bring in a dozen notes from a dozen doctors recommending that you be put on the day shift and your employer never has to do a thing. Saying, "We'll look into it" is as much or more as they are required to do.

Even if this is an ADA qualifying condition (and from what you have posted that does not appear to be the case), the employer still is not obligated to provide the accomodation that the doctor recommends.

Rudeness from your co-workers is just that - rudeness. It is not illegal. Feel free to report them to your supervisor but it does not provide you with any legal recourse.

I'm sorry if this sounds harsh - it is not intended to. But nothing you have posted indicates that your employer is violating any laws.
 

wiseone

Junior Member
Correct me if im wrong

Isnt being called "a Dumb F-ing B --- and a Mother F-er by 2 employees .." a form of verbal abuse or sexual harrasment ? No one in a work place should be subjected to this on a daily basis. I think it is abuse. Dont you ?


What is verbal abuse ?
# belittled, degraded, demeaned, ridiculed, patronised, subject to disparaging remarks
# regularly the target of offensive language, personal remarks, or inappropriate bad language
 
Last edited:

mlane58

Senior Member
wiseone said:
Isnt being called "a Dumb F-ing B --- and a Mother F-er by 2 employees .." a form of verbal abuse or sexual harrasment ? No one in a work place should be subjected to this on a daily basis. I think it is abuse. Dont you ?


What is verbal abuse ?
# belittled, degraded, demeaned, ridiculed, patronised, subject to disparaging remarks
# regularly the target of offensive language, personal remarks, or inappropriate bad language
Sure its verbal abuse, but as cbg stated "Rudeness from your co-workers is just that - rudeness. It is not illegal. Feel free to report them to your supervisor but it does not provide you with any legal recourse."
 

cbg

I'm a Northern Girl
Show me the law that says verbal abuse is illegal.

And no, it is not sexual harassment.
 

mitousmom

Member
You should discuss with your physician whether the medical condition necessitating the recommendation that you work the day shift is a disability under the ADA. Such conditions must substantially limit a major life's activity. If it is, you should inform your employer and ask for a reasonable accommodation (RA) because of your disability. If your condition is a disability under the ADA, your employer must accommodate it unless doing so would be an undue hardship.

Your employer doesn't have to provide the accommodation you or your doctor requests; however, it must provide one that allows you to perform the essential duties of your job.

Most employers will require that you submit sufficient medical evidence to show that you are a qualified individual with a disability under the ADA and need the RA.

Many large companies have policies governing RA requests. I suggest that you determine whether your company has one and specific procedures you need to follow. I find that it's advisable to use the channels the company provides to request an accommodation. Those processing such requests tend to be more receptive to RA requests than immediate supervisors or managers.

The use of those terms by your co-workers doesn't violate federal law. However, it may violate a company policy. You should check and see if your company has a code of behavior or a policy that governs interactions between co-workers.
 

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