How can I keep from getting fired?

How can I keep from getting fired? (Full Version)

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defiantbadgirl -> How can I keep from getting fired? (12/16/2008 11:46:36 AM)
A bit of information and background the company: I work for a company that provides home care for disabled adults. These adults are divided into different houses. In most cases, there are 5 adults per house. Some of the houses are more difficult to work at than others depending on the weight and physical limitations of the clients. me: I have a back problem. There is a disk in my lower back that is prone to tearing. When it happens, I can't stand, I can't sit, and I can barely move because the lower back holds up the upper body. The doctor I used to go to before I moved said it was a cronic problem and I would have to be careful. the situation: I was upfront with the company about my back before they hired me. I was also honest with the company doctor they sent me to for the physical. For some reason, the doctor didn't put any restrictions on me, but did state I mentioned back pain in the past. Now, all of a sudden after I've been at the company for several months, it's a problem. I'm currently a floater waiting for something permanent that fills in when needed and I've been deliberately trying to pick the best sites for me to work where there is little chance of injuring my back. That way I make money and the company doesn't end up with a worker's comp case. I recently was called in the office and told I can't pick a regular site to work at based on my back because that would be unfair to everyone else. They said if they heard one more time of me not taking a job based on my back, I could be terminated. Then they asked if I could do the job yes or no (at all the houses). This was my reply. "I have been so far. I'll say whatever you want me to say. I know how the economy is plus I don't want to end up without a job right before the holidays." The lady that got nasty with me is the one in charge of who gets what regular jobs when they are posted. Now I'm afraid she will deliberately choose others over me in the places that are safest for me to work. With the economy the way it is right now, it's not as simple as just finding another job within a week. What should I do? Please be kind in your responses. It's not my fault I have a bad disk that's prone to tear and because I've been careful, I've never filed worker's comp against a company.

BlackPhx -> RE: How can I keep from getting fired? (12/16/2008 11:55:51 AM)
You were upfront with the company and the company Doctor. If it is possible for you to wear a back brace I would do so. However since they were made aware of this problem before you were employed by them and they have been advised several times since then if they do terminate you or place you in a position that endangers you, you have legal recourse's open to you. Speak with a Lawyer to verify your rights under the Americans with Disabilities Act and Employment law for your state. Once you have spoken to a Lawyer, you will then have the ammunition and information needed to preserve your position or to pursue compensation if they do terminate. poenkitten

LadyHibiscus -> RE: How can I keep from getting fired? (12/16/2008 11:57:24 AM)
I'm really sorry this is happening to you. Honestly, you seem in a real bind. A friend of mine who is a nurse with arm/shoulder issues fully disclosed her problem and always got stuck doing lifts and transfers. Companies that do home care want grunts who will not give them trouble. I know it's the holidays, but the kind of job you have is not the kind of job you SHOULD have, and I am sure you know it. Tread carefully, get a good brace (some corsets are good) and try not to injure yourself while you find something else. Try NOT to say no, but you know that your back is more important than this job, right? I have no spine issues and I know how I felt after doing a bunch of transfers in a short time. Be careful.

popeye1250 -> RE: How can I keep from getting fired? (12/16/2008 12:12:51 PM)
quote: ORIGINAL: BlackPhx You were upfront with the company and the company Doctor. If it is possible for you to wear a back brace I would do so. However since they were made aware of this problem before you were employed by them and they have been advised several times since then if they do terminate you or place you in a position that endangers you, you have legal recourse's open to you. Speak with a Lawyer to verify your rights under the Americans with Disabilities Act and Employment law for your state. Once you have spoken to a Lawyer, you will then have the ammunition and information needed to preserve your position or to pursue compensation if they do terminate. poenkitten The above is pretty good advice. You've been "up front" with the boss so they know your situation. If you're performing your duties and you injure your back you may have to claim worker's comp, no way around it. Good companies will make concessions to accomodate their workers. Also, you may be covered under the "Americans with disabilities act", another thing to ask the lawyer.

defiantbadgirl -> RE: How can I keep from getting fired? (12/16/2008 12:14:19 PM)
Honestly, I didn't know this type of job was one I shouldn't have. I worked at another company doing the same thing before I moved in with Sir. I told them about my back and they put me with higher functioning individuals. There was never a problem. I applied at a variety of positions before moving here. In fact, I didn't quit my old job until I had this one. Jobs are scarce in this area as it is. Tyson layed off thousands of people in this area. Consequently, there are way too many people and not enough jobs. It took me 2 months just to find this job.

colouredin -> RE: How can I keep from getting fired? (12/16/2008 12:34:03 PM)
Hmm care homes can be really tough on this. I wonder, when you mentioned your back to them did you state that you would pick which jobs would be best for you? your problem as i see it is that the doctor didnt put any limitations on your work and you havent mentioned any. I suggest having a read through your contract to be sure and mention it too them

defiantbadgirl -> RE: How can I keep from getting fired? (12/16/2008 12:39:49 PM)
Another disappointing thing is I can't do what I really want to do for the clients at the location I've been working at. Their artifical Christmas tree has missing parts and can't be put up. I was planning to go buy a cheap tree and decorations at Dollar General. I've been working nights, so I was going to put up the tree while they were asleep and surprise them. I looked forward to seeing the looks on their faces. Now I'm afraid to even do that because I might not have any more hours coming.

Musicmystery -> RE: How can I keep from getting fired? (12/16/2008 12:47:57 PM)
This is the part where both credulity and sympathy left.

Rule -> RE: How can I keep from getting fired? (12/16/2008 1:09:09 PM)
Can you blackmail her? Can you get the boss or his wife to fire her? Buy one of those small recorders and with that visible in your hand walk in, start discussing the matter and ask for this choice in writing. Look for another job. It is better to not have work and a good back, than to not have work and a bad back.

Rule -> RE: How can I keep from getting fired? (12/16/2008 1:10:53 PM)
quote: ORIGINAL: defiantbadgirl Another disappointing thing is I can't do what I really want to do for the clients at the location I've been working at. Their artifical Christmas tree has missing parts and can't be put up. I was planning to go buy a cheap tree and decorations at Dollar General. I've been working nights, so I was going to put up the tree while they were asleep and surprise them. I looked forward to seeing the looks on their faces. Now I'm afraid to even do that because I might not have any more hours coming. I agree with musicmystery.

sirsholly -> RE: How can I keep from getting fired? (12/16/2008 1:21:52 PM)
How sad this is happening to you, especially at this time of year.

defiantbadgirl -> RE: How can I keep from getting fired? (12/16/2008 1:30:23 PM)
quote: ORIGINAL: Musicmystery This is the part where both credulity and sympathy left. One of the regular workers at the site was fired and permanent hours are available. The house manager contacted me and asked me to call the corporate office to get those hours on a permanent basis. I was happy and thought now I can actually afford to do something about the tree situation. Then, when I called, the corporate office lied and said no hours were available. The guy was fired last week. How could the corporate office not know that by now? I don't know what you meant by your comment. If you refer to being able to carry the tree with my back, I wouldn't have to. My Sir could easily carry the box up to the porch and I could drag it inside (dragging is different than lifting). Artificial trees come in pieces and can be put together even by people with limitations on how much weight they can lift.

calamitysandra -> RE: How can I keep from getting fired? (12/16/2008 1:33:57 PM)
Do you have documentation that can prove that you disclosed your health issues from the beginning? That might make a fight much easier for you.

defiantbadgirl -> RE: How can I keep from getting fired? (12/16/2008 1:51:27 PM)
No I don't. The application and doctor's report that mentioned I complained of past back pain belongs to the company. They know what I told them, but it was all verbal. 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. After what some have said on here, I think I know why they changed their minds. They didn't want me to have any rights.

colouredin -> RE: How can I keep from getting fired? (12/16/2008 2:16:14 PM)
To be fair you didnt do anything to back yourself, and to be fair if you cant do the job then you cant do the job. Im not sure about what you are saying to be honest, he asked you to see the doctor for the second time how often after the first? You should have insisted on having him write them down if you were then going to decide whether to do a job based on your back. The fact there was nothing about where you could or couldnt work it seems the Doctor thought you were ok to do them all.

UncleNasty -> RE: How can I keep from getting fired? (12/16/2008 2:17:49 PM)
Sounds like they are covering themselves with paper and leaving you naked. Typical corporate behavior. Good luck. Uncle Nasty

MisterMonster -> RE: How can I keep from getting fired? (12/16/2008 2:33:53 PM)
This is why I hate Uncle Sam sometimes. I will never side with him against people like this. Seriously, do you need the money? Does Sir not support you? I mean, assuming you can't sue these fuckers like crazy, you should just get out of there.

defiantbadgirl -> RE: How can I keep from getting fired? (12/16/2008 2:35:17 PM)
quote: ORIGINAL: colouredin To be fair you didnt do anything to back yourself, and to be fair if you cant do the job then you cant do the job. Im not sure about what you are saying to be honest, he asked you to see the doctor for the second time how often after the first? You should have insisted on having him write them down if you were then going to decide whether to do a job based on your back. The fact there was nothing about where you could or couldnt work it seems the Doctor thought you were ok to do them all. As far as me being able to do or not do the job, I can safely do the job at some of the houses. Just not all. As far as me not doing any of the other stuff, I told both them and the doctor I had back issues in the beginning. No, I wasn't picky on documentation because I didn't know I needed to be. I only did this type of work for one other company and there was never a problem there. I guess I made the mistake of thinking a place that provides services for the disabled would have no problem accomodating my back issue. Hypocritical bastards.

LaTigresse -> RE: How can I keep from getting fired? (12/16/2008 2:35:45 PM)
MM, most people, not all but most.........have dual income households. M/s or not.

sirsholly -> RE: How can I keep from getting fired? (12/16/2008 2:40:12 PM)
quote: ORIGINAL: MisterMonster Seriously, do you need the money? Does Sir not support you? you're kidding, right? Do you think she would be going through this if she didn't need the money?

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