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Company Induced Medical Suffering

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EdwardMichael

Junior Member
What is the name of your state (only U.S. law)?

I had been working until recently in a Manufacturing Plant for the past 5 years. One year later my Health started to become an issue. After I missed 2 days of work, I brought Dr. Notes in excusing my tardiness.I talked with my employer regarding the notes, also, my medical illness. The employer refused to want to hear anything regarding my Doctors Note (clearly stating my condition), telling me that I cant tell him any of this. All I was seeking was accomadation. My employer would not give me any advice, my Union would not, nor any other workers. My punishment for my illness included job harrasment threats from management, and workers--- strict job performance evaluation by the company (if an illness is hurting your job performance, ???) and etc. The Company let my medical illness terminate my Career.
There was at most, 45 employees working in this Manufacturing Plant. From what was going on was Accomadation to all workers with medical complications. Easing there struggling, there pain and all there frustrations. All these workers were all well advised of there rights and given accomadations. I was punished for mine. I was terminated once, Union fought for my job. End result--- I was advised of my rights as a worker with a dissability. The Union and Employer DID NOT refuse giving me accomadation. I was terminated on Disibility ( Sick Leave ). Human Resources was well informed about my status and all my upcoming Dr. visits. My dissability ended the day after my appointment with my Specialist. Human Resources was well aware of the dates and the times of my Dr. visits and my dissability claim running out. So was I. Human Resources told me," Do not worry, you have 7 days." I had an appointment made for tuesday the following week--the soonest I could get one. By Friday, the Doctors Office (called and verified FAX numbers) sent out the Dissability Extension.
After Twelve days I call Human Resources to find I was terminated.
After thirteen days I call, my Union President tells me, "Your @ss is grass, your out the door, go find another job, because your not coming back here!!" After
After twenty days, I receive CERTIFIED TERMINATION LETTER.
 


cbg

I'm a Northern Girl
What accomodation were you seeking at at what time did you FORMALLY request it?
 

st-kitts

Member
We don't have all the details here regarding your condition or your behavior at work, but the fact the union is supporting your employer in this case is pretty telling.

I suspect that you don't have a case.
 

EdwardMichael

Junior Member
Accomodation

At the time I started becoming tardy because of my medical illness I was going to the company requesting HELP on "what I should be doing" and "how I should be taking care" of my medical problem. I was trying to prevent the deterioation of my work from happening.
I went to all my Top Supervisors on my SHIFT, handing in my absentee note, and demanding them to help me.
The same thing with my Union.
I was told by the Union-- nothing.
I was told by my Top Supervisors-- "You dont talk to me about this, I cant hear this, I dont know who you would talk to"

All this was all new to me. I never knew until afterwards that I should have been DIRECTED to talk to Human Resources about this.
 

EdwardMichael

Junior Member
I requested Accomodation from the first time my illness started to become a problem with work.
Approx. 1.2 years after I got hired, .6 years of obtaining Helth Insurance.
Who do you go to when no person is listening to you?
Who do you go to when no person can DIRECT you to the proper people ?
Seriously, what is 1 person supposed to do?
 

Hot Topic

Senior Member
Unless I'm missing something, it's the duty of the physician (or physicians) to give you medical advice, not your employer.

Common sense would dictate that you would be in touch with HR, as well as your manager. No one should have to spell that out to an employee.

I have a feeling something hasn't been included.
 

justalayman

Senior Member
I have a feeling something hasn't been included.
Ya mean like what the actual accommodation requested was? and since OP stated:

. The Union and Employer DID NOT refuse giving me accomadation.
I would have to presume that OP was provided whatever accommodation was requested was granted so I'm not sure what the OP is even talking about.

At the time I started becoming tardy because of my medical illness I was going to the company requesting HELP on "what I should be doing"
you should have been getting to work on time. Allowing you to be tardy is not an accommodation they would be required to allow.


My dissability ended the day after my appointment with my Specialist.
Wow! That's amazing how that timing worked out.
 

cbg

I'm a Northern Girl
I'm going to ask one more time.

What. Accomodation. Did. You. Ask. For.

When. Did. You. Ask. For. It.

Either answer the questions or seek help elsewhere. They ARE necessary to access what, if any, legal recourse you have.
 

EdwardMichael

Junior Member
Accomodation, Human Rights, and Common Sense

cbg
What. Accomodation. Did. You. Ask. For.
The Accomodation was "Medical Leave of Absence". I was looking for Guidance.
Time Frame: Missing 1 day of work, and 1 partial day of lateness. My illness was beginning to flare up.

All I wanted was for someone, anyone, EXPLAIN, or GUIDE ME TO THE APPROPRIATE DEPARTMENT OR PERSON WHO HANDLES THIS

Hot Topic
Unless I'm missing something, it's the duty of the physician (or physicians) to give you medical advice, not your employer. Common sense would dictate that you would be in touch with HR, as well as your manager. No one should have to spell that out to an employee.
I went to my Direct Supervisors. All of them. I went to my UNION. All of them. If I knew Human Resources was the place, and thats "common sense", then it would have been "common sense" with my Direct Supervisors to have me proceed with Human Resources !

When a person does not know who to speak to or where to go, there DIRECT AND IMMEDIATE SUPERVISOR is the person to go to for help.
~Common Sense is knowing your Rights
 

EdwardMichael

Junior Member
A Retirement Home For Neanderthals

cbg, Hot Topic, everone else,

If I had to try to explain the kind of culture that populated this Manufacturing Plant, I would describe the place asA Retirement Home for a Big Family of Neanderthals.

I am trying to come to an understanding rectify the discrimination that took place.

How do I know that everyone is getting the right understanding?

The Company is Populated with people who are all related. All brothers, sisters, husbands and wives ranging from age 40 to age retirement. My connections that got me in, left. After a couple months, the Pack of Wolves started closing in for there attack. I not a NATIVE to the area, and so always an OUTSIDER no matter how long I live here . I was a sort-of part of the "Pack", until there departure.
 

cbg

I'm a Northern Girl
Unless you self-identified yourself as being disabled and formally requested accomodation under the ADA, AND your condition was sufficiently disabling to qualify under the ADA, your employer, regardless of whom you contacted, had no legal obligation to "accomodate" you at all. Not all or even most illnesses for which medical leave is necessary counts as being disabled for ADA purposes.

Since it appears from your answer to my question that a single day of leave would have been sufficient in your view, it is unlikely that your condition was sufficiently disabling to incur ADA protections. Therefore, no accomodation was necessary and your employer has violated no laws.

There are NO circumstances whatsoever under which an employer is required by law to allow indefinite medical leave or to allow a behavior (tardiness) which they would not allow in a non-disabled employee.
 

EdwardMichael

Junior Member
Im wasting my time... But maybe I am not with those who will listen to me a little...

You people out there claiming to know what is right and what is wrong only know your rights having to do with your own LOCATION...
I have followed all the LAWS!!
I have filed with the Human Rights Division waiting a response back on my rubuttal.
This is not the complete history of my experiences

The Fact of the Matter here is... I was denied my rights with my Dissability. My knowledge of not knowing HR was the place to go to to talk about my matter was focused on.
Human Resources was contacting me at my home phone number. I was being set up to lose my job because I was not of Relation with any other person in that Manufacturing Plant. <--- When I got my job back and found out I could go on Dissability**************I was training my REPLACEMENT. My RELACEMENT was the SON of a FATHER who had been working in that Plant for the past 18 years, working along side his BROTHER in a different Department, also working with his SON in LAW along side his HIGH SCHOOL BUDDIES... My UNION Boss DISCRIMINATED against me, just like every other GOD DAM person!!! EVEN MY OWN SUPERIOR SUPERVISORS INCLUDING THE PLANT MANAGER <-----YOU WANT TO HEAR ABOUT THAT???????????????? I had 4 years SENIORITY over my Union Bosses Son-In-Law. 4 YEARS PLANT SENIORITY OVER THE NEWBIES...2 YEARS DEPARTMENT SENIORITY OVER PEOPLE WHO WORKED IN THE PLANT FOR 15 YEARS.... Fact of the matter is you can not place a worker in a Position Higher then the next Person unless they are TRAINING in that DEPARTMENT OR WHEN THEY HAVE MORE DEPARTMENTAL SENIORITY THEN YOU DO. **************...OOOOHHHHHH, YOU GUYS KNOW THAT ALREADY****************************.....They were placed OPERATING MACHINERY IN MY DEPARTMENT OVER ME, WHERE THEY FINISHED TRAINING WHILE I WAS OUT OF MY DEPARTMENT.... GRIEVANCES WERE FILED. UNION OFFICIALS DID NOT DO ANYTHING, DID NOT REPRESENT ME... VERBAL AND PHYSICAL HARRASSMENT CHARGES WERE FILED WITH UPPER MANAGEMENT COUNTLESS TIMES.... THE FACT OF THE MATTER HERE IS THAT I WAS NOT RELATED TO ANYONE!! EXTREME DISCRIMINATION HAPPENED TO ME HERE BECAUSE I WAS BECOMING A DISRUPTION IN THE WORKFORCE!! MY MEDICAL CONDITION DID NOT MEAN JACK SH*T TO MANAGEMENT OR UNION OFFICIALS ... BECAUSE... OF MY SOCIAL STATUS.... MY MEDICAL SITUATION GOT SO BAD THAT I COULD NOT EVEN GET OUT OF BED... I WOULD PASS OUT...BLACK OUT... ON HEAVY EQUIPMENT OR WHATEVER...I WOULD FALL ASLEEP FROM ALL THE PRESCRIPTIONS THAT I WAS ON...I WOULD BE HALUCINATING FROM THE CRAP I WAS ON... MY DOCTOR KNEW THIS... DID NOTHING... DID ABSOLUTLY NOTHING... THAT IS WHY I WAS GOING TO MY DIRECT SUPERIOR SUPERVISOR(S)FOR GUIDENCE ON A SICK LEAVE OF ABSENCE... I WAS GETTING SICK OF ALL THE BULLSH*T I WAS GOING THROUGH....I WAS PHYSICALLY MESSED UP AND PSYCHOLOGICALLY DAMAGED!!!! I WAS SEEING MY DAM DOCTOR 5-6 TIMES A DAM MONTH HERE.... I WOULD BE OPERATING HEAVY MACHINERY IN CLOSE PROXIMATEY OF WORKERS...I COULD HAVE KILLED OTHER WORKERS FROM THE SERIOUS CONDITION I WAS IN.... I COULD HAVE KILLED MY SELF.... I DEMANDED TO MY SUPERVISORS THAT I GO HOME BECAUSE OF MY 'VERTIGO'.... MY EYESITE AND MY PHYSICAL ABILITY TO STAND UP WAS CAUSING ME TO FALL OVER OR INTO THINGS, SEE THINGS UPSIDE DOWN AND BACKWORDS.... MY DEPARTMENT SUPERVISOR GRANTED ME THE ABILITY TO GO HOME SICK ONLY AFTER I THREW UP IN FRONT OF HIM AND PASSED OUT COLD ON THE FLOOR.... SMELLING SALTS WERE FLASHED IN FRONT OF MY FACE TO ONLY WAKE ME UP SPRALLED OUT ON THE FLOOR BEING TOLD THAT I COULD GO HOME AFTER LUNCH....IT WAS 10 A.M. .... MY SUPERVISORS LAUGHED AT ME...THREATENED ME WITH "WHAT AM I GOING TO DO IF I DONT LET YOU GO HOME"... THE ANSWER HERE, " DO YOU WANT TO EXPLAIN TO AUTHORITIES WHY A WORKER WAS CRUSHED TO DEATH BY A FORK-LIFT" !!!!!!
ALL THIS CRAP WAS HAPPENING WHILE ALL THESE DAM RED-NECKS WHERE STANDING AROUND TALKING ABOUT HUNTING AND FISHING AND HOW BAD THERE WIFE WAS FOR NOT GIVING THEM SEX ETC. ETC. ETC. ETC!!!! I WAS PERFORMING MY JOB, INCLUDING EVERYONE ELSES JOB TO THE BEST OF MY ABILITY!!!!! DOING AS I WAS TOLD BY MANAGEMENT AND HIGHER SENIORITY EMPLOYEES!!! BEING WROTE UP FOR PERFORMANCE ISSUES!!!!!! I COULDENT DISAGREE WITH THEM BECAUSE OF BEING INSUBORDINATE!!! I KNEW WHAT MY RIGHTS WERE/ARE!! MY RIGHTS WERE, ''DO AS YOUR F@CKING TOLD,'' <---- UNION PRESIDENT SPEAKING THERE.... MY RIGHTS AS A WORKER MEANT SQUAT!!! JACK CR@P!!!! ALL I KNEW WAS THAT WHAT I WAS GOING THROUGH WAS EXTREMLY WRONG AND THAT I COULDENT DO ANYTHING ABOUT IT!!!
LEAVING THE MANUFACTURING PLANT AS AN OPTION??????
FOR WHAT???? ANOTHER JOB WITH NO INSURANCE BENEFITS...I WAS MAKING $19 DOLLARS AN HOUR WITH FULL HEALTH INSURANCE BENEFITS WITH RETIREMENT AND A 401K...

Now what am i left with? ???
Now what is my well being???
Now what is my current situation???


All I want is Justice to be served!! All the wrongs corrected!! All the people involved with this travesty punished!! Do I want anything from this hell???? All I want is to be able to forget all these horrible memories, deadly situations etc. etc. etc. To be able to move on... But.....
I cant....

...And what does it matter to all you people out there....
You dont believe me, and wont try to understand....
My words in all your eyes is like a fly on a steaming pile of CR@P....
Im wasting my time.....
 

justalayman

Senior Member
first, your union rules are specific to your union and your contract.

and typing in big bold letters really impresses everybody here...NOT!!.

EXTREME DISCRIMINATION HAPPENED TO ME HERE BECAUSE I WAS BECOMING A DISRUPTION IN THE WORKFORCE!!
Oh, so you admit they were justified in firing you. You have no rights to be a disruption and not be penalized for it.

so, what was your disability?


and if your union failed to represent you, you would be able to file a grievance with the (regional, district, national) level offices, whichever was the next level up from your local. You still can probably.
 
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