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RE: How can I keep from getting fired? - 12/17/2008 7:52:56 AM   
Termyn8or


Posts: 18681
Joined: 11/12/2005
Status: offline 		Make peace. Forget about all this adversarial posturing.

Look around you, you live in the middle of bumfukt Egypt somewhere and YOU HAVE A JOB.

Walk in there and tell them that you have adjusted your attitude and you'll do your best, and if you run into something you can't do, we'll burn that bridge when we come to it. Find some positivity.

Last night I had a lengthy reply written and dumped it, but it was not nice. This is much better, rather than me telling how if you get into an adversarial position with them, it is not a good thing. Believe me. So don't drop the dime yet, because I can guarantee you one thing, if I were running that company and you dropped a dime, you would be gone by dawn. If you want to go through a hypothetical argument, which is quite close to what you will experience in an adversarial setting I can oblige, as long as I don't have to be nice :-)

Choose your battles wisely.

T

(in reply to angelikaJ)
Profile   Post #: 41
RE: How can I keep from getting fired? - 12/17/2008 10:10:39 AM   
kdsub


Posts: 12180
Joined: 8/16/2007
Status: offline 		It would seem to me...not knowing the job... that new workers would be expected to perform the hard dirty work...those with more time in grade would receive the best easier jobs...That is the way it is everywhere...Perhaps you are asking too much for the easy jobs...Giving you preference on jobs would cause problems with the other workers I'm sure. I understand your supervisors position. She or he most likely had nothing to do with your screening or hiring.

That said I hope your back problems were not just casual conversation at an interview and are documented where you can receive a copy. Otherwise you will be gone...Maybe not for your back but everyone makes mistakes on a job and they will use one to let you go.

I would do my best to do the work and all the time be looking for another job. If you just can't deal with the work because of your back...even if documented... you can still be fired and it would take years to get anything for your injury.

Butch

< Message edited by kdsub -- 12/17/2008 10:11:30 AM >

(in reply to sirsholly)
Profile   Post #: 42
RE: How can I keep from getting fired? - 12/17/2008 10:13:19 AM   
Raechard


Posts: 3513
Joined: 3/10/2007
From: S.E. London U.K.
Status: offline
quote:

ORIGINAL: defiantbadgirl
When one of the guys at the corporate office first contacted me, he said they wanted me to go back to the company doctor and get my limitations in writing. The next day, he changed his mind about sending me back to the doctor and said he wanted me to come in so they could ask me about my limitations and take care of it without involving the doctor. When I got there, I was called into that woman's office and my job was threatened.

Sounds like the woman put her bad word in first to him before you got a chance, she is the problem, who is her boss? If you can't get legitimate legal advice because you can't afford it you have to decide if you can gamble and convincingly threaten such action, relating to constructive dismissal. Which may not be the case in the US but in the UK that is what it sounds you would be arguing. I'd say you should make an appointment with an employment lawyer to see if you have a case, would probably be a thirty minute consultation and they'll give you an idea of how much that costs upfront. This consultation will give you a better idea of where you stand and the confidence to challenge your employer.
 
Read the company literature see what the grievance procedures are, you are not the first person to have an individual above them in the food chain take a dislike to them, there are usually ways set out in the company handbook in terms of making a complaint and who to take the complaint to further up the chain. I'd say asking advice here will be a rather fruitless exercise for the most part. They can only tell you things you know yourself, I doubt any lawyers would give away free advice on a message board.
 
http://www.usattorneylegalservices.com/free-legal-aid-Kansas.html
 
Must be something similar for you if the above doesn't suit.

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(in reply to defiantbadgirl)
Profile   Post #: 43
RE: How can I keep from getting fired? - 12/17/2008 10:39:52 AM   
gehennasfury


Posts: 60
Joined: 6/19/2007
Status: offline 		I don't know the laws in Kansas, as I live in Michigan. But,I too,work as a Direct Care Worker with disabled adults. Are your clients mentally or physically disabled? If it's just mental disabilities with high behaviors, with Michigans laws, there's very little you can do BUT there is a trick to getting something done in your favor. Leastways with Michigan, the local mental health agency has an office called "Recipient Rights". Contact them, explain to them that in certain homes you are unable to complete the job duties due to previous back problems. If the KS's office work the same as MI's offices do, they'll contact your company and enforce the fact that the clients aren't getting the bestcare possible due to your condition and request you be transferred. Using the mental health agency is a lot like the whistleblowers act since you are doing your job and reporting that a clinets rights have been violated through NO fault of your own. Hope this helps.

(in reply to Raechard)
Profile   Post #: 44
RE: How can I keep from getting fired? - 12/17/2008 11:38:31 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		Thanks for the idea. In answer to your question, some of the clients are just mentally disabled, and others are a combination of mentally and physically disabled. In some houses, there's only one person that needs minimal physical help.and the rest are mentally disabled without being physically disabled (this is the type of house I'm trying to get in because the risk of injuring my back is minimal).  In other houses, almost all the clients (usually 4-5) need physical help getting into bed, getting in their wheelchairs, on the toilet every time they have to go, etc (these are the houses I try to avoid).

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Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


Collared by MartinSpankalot May 13 2008

(in reply to gehennasfury)
Profile   Post #: 45
RE: How can I keep from getting fired? - 12/17/2008 11:48:00 AM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline
quote:

ORIGINAL: gehennasfury

Contact them, explain to them that in certain homes you are unable to complete the job duties due to previous back problems. If the KS's office work the same as MI's offices do, they'll contact your company and enforce the fact that the clients aren't getting the bestcare possible due to your condition and request you be transferred. Using the mental health agency is a lot like the whistleblowers act since you are doing your job and reporting that a clinets rights have been violated through NO fault of your own. Hope this helps.


I would think long and hard before I got government agencies involved in my workplace.  How popular are you going to be if you go this route?  So now a government agency is saying you can't do the work you were hired to do?  I don't buy the "no fault of your own" thing... If you cannot do the job you were hired to do, then you would likely get fired.  I wouldn't rely on the protection of being a "whistleblower" if you cannot actually DO your job.


Cali


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(in reply to gehennasfury)
Profile   Post #: 46
RE: How can I keep from getting fired? - 12/17/2008 11:51:45 AM   
gehennasfury


Posts: 60
Joined: 6/19/2007
Status: offline 		The government agency is there to make sure the proper care is being given to the clients. A complaint or report can be made to the Office of Recipient Rights anonymously. I'll grant that bringing them in wouldn't make one very popular BUT Direct Care Workers or DCW's are notoriously shit on by the companies they work for. My own job as a DCW has me doing the same exact work as a Certified Nurses Aide with more duties but less pay. 

< Message edited by gehennasfury -- 12/17/2008 12:10:18 PM >

(in reply to CalifChick)
Profile   Post #: 47
RE: How can I keep from getting fired? - 12/17/2008 11:53:33 AM   
KatyLied


Posts: 13029
Joined: 2/24/2005
From: Pennsylvania
Status: offline 		I would tend to agree that you don't want to go the whistle-blower route, unless you want to stop working in that field in your immediate area.  People will talk and you will be known as a trouble-maker.  My suggestion:  Make the best of your situation while you look for another job.  For example, you can have a desk job in certain industries, starting out at more than you are currently making.

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(in reply to CalifChick)
Profile   Post #: 48
RE: How can I keep from getting fired? - 12/17/2008 3:11:10 PM   
CalifChick


Posts: 10717
Joined: 10/28/2007
From: California
Status: offline 		Okay fury, but I'm still not seeing the point.  IF the gov't agency finds that care is substandard, she will be fired for not being able to do her job.  It's not like SHE works for a government agency or anything.

Cali


_____________________________

AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

(in reply to KatyLied)
Profile   Post #: 49
RE: How can I keep from getting fired? - 12/17/2008 5:13:26 PM   
mistoferin


Posts: 8284
Joined: 10/27/2004
Status: offline
quote:

ORIGINAL: kdsub
That said I hope your back problems were not just casual conversation at an interview and are documented where you can receive a copy. Otherwise you will be gone...Maybe not for your back but everyone makes mistakes on a job and they will use one to let you go.


Kansas is an "at will" state. They don't need a reason to fire her...if they want her gone all they really have to do is tell her goodbye...no reasons need to be given.

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~erin~

There are no victims here...only volunteers.

When you make a habit of playing on the tracks, you thereby forfeit the right to bitch when you get hit by a train.

"I did it! I admit it and I'm gonna do it again!"

(in reply to kdsub)
Profile   Post #: 50
RE: How can I keep from getting fired? - 12/17/2008 6:36:34 PM   
gehennasfury


Posts: 60
Joined: 6/19/2007
Status: offline 		The Office of Recipient Rights is there to make sure the care is at the proper level. Nobody gets in trouble for a non-gross violation as long as the company and staff make an effort to correct the problem. In MI, the R.R. office would speak up against her beiong fired was the point I was trying to make.

(in reply to mistoferin)
Profile   Post #: 51
RE: How can I keep from getting fired? - 12/17/2008 7:26:38 PM   
kdsub


Posts: 12180
Joined: 8/16/2007
Status: offline
quote:

ORIGINAL: mistoferin

quote:

ORIGINAL: kdsub
That said I hope your back problems were not just casual conversation at an interview and are documented where you can receive a copy. Otherwise you will be gone...Maybe not for your back but everyone makes mistakes on a job and they will use one to let you go.


Kansas is an "at will" state. They don't need a reason to fire her...if they want her gone all they really have to do is tell her goodbye...no reasons need to be given.


Hi...I'm not a lawyer but unless I'm mistaken Kansas common laws require the employer to provide a "Just cause" of termination and the employee can sue for "wrongful termination"

That is why I said they would not use the bad back as a reason for termination...because with proof they knew of her back problems they could not justly use it as a reason for her termination.

Butch

(in reply to mistoferin)
Profile   Post #: 52
RE: How can I keep from getting fired? - 12/17/2008 7:45:54 PM   
pahunkboy


Posts: 33061
Joined: 2/26/2006
From: Central Pennsylvania
Status: offline 		I use a black lifting belt for chores that  could pop the disk.   They are not expensive.   Get one.  Fasten it before you lift. Some places include proper lifting in training.

I worked group homes for 5 years.  The burn out is astounding.   I got along well with the residents.  But the co-workers wore on me.   Any problems were the employees..not the residents.

The idea is to treat them as you would want to be treated.

These places pay shit, and turn over is rampant.   The places are fly by night...all a scam of sorts to milk the state out of money that the state used to furnish for institutions.

....team up with someone and start your own group home.   you will do better that way.  

(in reply to kdsub)
Profile   Post #: 53
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