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Harrassment or descrimination?

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kati swan

Junior Member
What is the name of your state?North carolina
What is the name of your state?
I am a federal employee. I am trying to figue out if I am involved in a Harrasment or a discrimination problem.
I have been diagnosed with carpal and cubital tunnel syndromes. I can never return to the full duties for which I was hired. I have been re-re-re assigned to sitting down watching an exit for 3 yrs. My paper work is both in our local offive and at the dept of labor. I have replinished our local office quite a few times after they claim they dont have something I had already given.
Three weeks ago one of our managers aproached me on duty, waiving a doctors letter around(this doctor has dictated 3 letters to my office) the letter was from dec 2004. he declared that letter said I should be doing everything and further more my "...claim had never been accepted to wormans comp any way" I told him that he was reading the letter incorrectly. I was told(after 3 yrs on workers comp) I had to bring in proof i was pproved for W.C and that I either had to go back to full duties or go home till I could bring in another doctors note. I would have to use my annual leave or it would be leave with out pay. While at home I called Dept of labor. They read the letter which was in question and he couldnt understand why I was sent home. They advised me to call Civil rights in our division of government. they also believed something is not right. They sent me a packet to fill out for a mediator to come here and meet with me and the manager who sent me home. My question is is this a civil rights issue or a harrasment issue. I cant talk to our HR dept because this is all centered around their dept. If I get into a meeting about this, I do not know my rights ,which they, our HR office does. How do I know if they are telling the truth, or still messing with me?
I have been waiting for them to let me go. I was told if i quit I will loose my medical. If they fire me I will not loose the medical. I do not need tons of surgey. However , if the pain and numbness worsen, someday I will have to have the surgery. I do not choose to pay for this out of pocket when Im 50 yrs old or 60 yrs old
Thank you for your advise,
Kaytie
 


mlane58

Senior Member
I cant talk to our HR dept because this is all centered around their dept. If I get into a meeting about this
Yes this is centered around your HR department, but you should give them an opportunity to reconcile any issues you are having with your manager.
I do not know my rights ,which they, our HR office does
They should know and again, you need to speak with them so they can assist you in any misunderstandings or issues.
How do I know if they are telling the truth, or still messing with me?
Why would you think that? Have they treated you this way in the past?
My question is is this a civil rights issue or a harrasment issue.
It is certaintly not harassment, because it doesn't fall into a protected catergory (gender, race, religion, etc....) As far as a civil rights, I can't answer that.
I can never return to the full duties for which I was hired. I have been re-re-re assigned to sitting down watching an exit for 3 yrs
If thats the case, you can't perform the essential functions of the job you were hired to do and your employer does not have to make any accomodations.

I wonder if you have fully informed the Department of Labor of everything surrounding your situation, because from what you have posted, it sounds more like yyou have kept HR out of the loop and solely went on what actions your manager did. Go to HR and give them the opportunity to explain your rights and make clear any issues you think might be taking place.
 

45Frank

Member
I would be very very cautious of the HR dept. They are there for the so called employer 100%. I had a medical problem at work and relied on the HR dept. gave everything and told everthing to HR. Well it turned around a bit me in the a__. everything will be twisted and turned around against you, paperwork will get lost as the OP stated and after years you honestly don't remember everthing you did and you relied on them (HR), Your are then burnt.
Maybe try one of those Lawyers who advertise free consults.
Good Luck.
 

mlane58

Senior Member
I would be very very cautious of the HR dept. They are there for the so called employer 100%. I had a medical problem at work and relied on the HR dept. gave everything and told everthing to HR. Well it turned around a bit me in the a__. everything will be twisted and turned around against you, paperwork will get lost as the OP stated and after years you honestly don't remember everthing you did and you relied on them (HR), Your are then burnt.
Maybe in your situation and we don't what that is and frankly I could care less. Not everyone in the Human Resource profession is here to screw you or anyone else. HR is there for the employer and the employee to ensure policies are in line with state and federal law, to provide consultaion to manager and supervisors, employee relations, etc... to make sure that company keeps it butt out of court and develop a good work enviroment for all employees. Again I don't know your specifics and would speculate from your post that you were probably your own worst enemy.
 
Last edited:

stealth2

Under the Radar Member
kati swan said:
What is the name of your state?I live in North Carolina. I work for the government. I was hurt Jan 2003. Oct 2003 letters began to arrive from my physicians declairing the need for me to not return to my current job(which requires lifting and finite hand control). I was told to sit and watch a door for 8 hours a day. I have been doing this for 13 months. This month I was given a "recovering" employee job offer. Are there time lines in which I should be following? Is this amount of time normal from injury to another job offer? If I am told watching a door is the only thing available, do I believe this? Currently all the extra admin jobs are being temporarily done by healthy co-workers. My completion of healing was over a year ago.
K.S


Yet back in January, you stated that your injury had healed a over a year prior.
 

kati swan

Junior Member
reached maximum healing

Thank you for your attempt. However, I have healed to the maximum of what my body is going to. I am not back to base line, or will I ever.
Very interesting how you chose to read my statement.
Kati
 

45Frank

Member
Oh Really

Well as you have read I'm not the only one of this opinion. A very good friend of mine as well as a relative worked with HR depts. both said the same thing, there is a certain amount given then you just cover the company's butt at all cost.
You are obviousely a company man at all cost. Your conclusion proves that.

mlane58 said:
Again I don't know your specifics and would speculate from your post that you were probably your own worst enemy.
 

mlane58

Senior Member
Back for another round Frankie? Not intereste din your opinion or any other opinions for that matter. Do you have any facts? probably not.
You are obviousely a company man at all cost.
As a matter fact I am and I look out for the company which includes all it's employees and their issues and concerns. So why don't you quit tryinjg to place blame where it doesn't belong and just move along.
 

45Frank

Member
oh no

How do you figure I'm tring to blame anyone for anything? I'm not, just stating my experience that are simular too that of the OP, almost exactly, and if you read most post regarding HR's most are simular to the OP.
I had my own Co. for 11 years so I would alway protect my own interest but never ever tried in any way to do anything to harm or inconvience my employees. I never ran interferience for a Insurance co. or anything such as that. Also ran enother for 7 years before that. You must admit that your co. hopes alot of these little things go away to keep their rates down.
After I was injured when I was questioned it was as though I was being interigated, I felt as though I was in a police station being asked questions about things that happened 20 years past. I actually asked for a lawyer. I mean questions about things that no one could recall.
Hey good day and Merry Christmas.
 

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