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Prob at work


Tams

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I had a situation at work and would like some advice on it. I think I've mentioned here that I have problems with ventricular tachycardia. I have a lot of notes and letters in my file at work stating various situations, etc I need to avoid. One of those is working in the heat. This was supposed to refer working back in the kitchen. Problem is, the air conditioner in that restaurant doesn't do the job. I don't know what the prob is, but the only part of the store that stays cool is the back, where the stock is kept, the sinks are, office and the back drive thru. The front counter area is quite unbearable, not just to me, but to everyone. Most customers complain about the heat when they come in. So, awhile back, when it first began getting hot, I had a talk with the first assistant manager about it. She sent out a memo to all managers that I was to work in the back until further notice. That worked great up until this week. On Thursday, one of the assistant managers scheduled me up front all day. I told her I couldn't work up there and she stated that the store manager said to keep me up there no matter how much I whined, moaned, etc. I stuck it out, or tried to. After a couple hours, I began feeling the telltale shortness of breathe, dizziness, chest pains, etc that usually proceed a v-tach episode. I told Amy (the manager) that I needed to go see my doctor and she told me I was fine. It was another half hour before she let me go sit down. On the way to the break room, I passed out. By the time I was able to get to the doctor, my ekg was normal, but my doctor believes it was one of my episodes. So, I went to the lady who is the assistant to the owner, as per "chain of command". I told her what happened and she promised it would be taken care of. When I returned to work yesterday, the first assistant assured me that I would not be moved up front any longer, at least until the weather cools off. Great! I was having a wonderful day, until Angie (first assistant) left. Then, Amy decided to move me up front again. I looked at her and told her "no". She gave me a dirty look and I told her that I wasn't willing to have another episode at work like I did on Thursday. Amy got mad and sent me home. I told her I'd be going to Carol (assistant to owner) again. Instead, I called Angie and told her what was going on. Angie was mad and promised to take care of it. Meanwhile, Amy was calling the store manager and complaining to her. The store manager called me and talked. She, too, promised that we would get it all straightened out. Well, I found out that Amy did two write ups on me for yesterday.

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Under the Americans with disabilities act you have a good case if you want to stick it out in a hostile working environment. I think I would start looking around for something that doesn't jeopardize your health.

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If you're willing to engage an attorney and sue under the ADA, it's possible you have a case. But then you have to make the decision about whether you want to continue working there, having "won". I think I'd just be looking for another job.

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Get a statement from your doctor regarding your condition and the requirements of your employer/workplace. This starts a good paper trail. Did your illness start after you starting working there? If not, did you tell the employer before you were hired? I dont know the law on this, but it could come up. If you dont want to work there anymore, ask to be laid-off so you can get unemployment, or ask for severence. The Disability act is real, but it is a big deal to get it enforced sometimes. My attorney for a work issue (health related) cost almost $25,000. So, if you want to make a formal complaint, go to the government I believe it is the Office of Employment Opportunity??) since that is free. good luck.

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Sounds like if you've got doctors orders, under the law they have to give you a job that meets those restrictions...for goodness sakes, it's only for the summer, right?? Sounds like someone is just being petty...that's sad. HOpe it all works out for you! I hope Amy remember that "what goes around, comes around" ! (one day she could have medical issues)

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I hope you can get this all worked out. Listen to what other have said. It cannot hurt to go to your local Labor department and see what they say.

Seems like this one person does not want to keep you around because of your *issues* and will try her darnedest to get you to quit. If you like the job, dont let her do it to you.

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Get a statement from your doctor regarding your condition and the requirements of your employer/workplace. This starts a good paper trail. Did your illness start after you starting working there? If not, did you tell the employer before you were hired? I dont know the law on this, but it could come up. If you dont want to work there anymore, ask to be laid-off so you can get unemployment, or ask for severence. The Disability act is real, but it is a big deal to get it enforced sometimes. My attorney for a work issue (health related) cost almost $25,000. So, if you want to make a formal complaint, go to the government I believe it is the Office of Employment Opportunity??) since that is free. good luck.

Thanks for all the suggestions. No, my illness actually started eleven years ago, but I did tell my employer at my interview about it. If I remember right, I presented the first note from my doctor at that time.

DH and I met with the other assistant to the owner this morning and I feel good about that meeting. The way he sees it, Amy is retaliating because I made a sexual harrassment complaint against somebody there, somebody who is actually well liked. Fortunately for me, they are taking this matter seriously, even to the point of demoting/firing Amy if necessary.

I really do love working there and everyone (except Amy, evidently) loves having me work there. I hope it all gets worked out.

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This is serious. If Amy tries to send you up front again, remind her about the ADA and does she really want problems with that? I think you are doing the only thing you can do by saying "NO".

You have to do exactly what you are doing, for your health. And it is rediculous that she is putting your health at risk in retaliation.

Terri

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Quick update:

On Monday, I called my family doctor to get a note about not working in the heat. (She is sending me to a "new" cardiologist because my "old" one has moved away) She gave it to me with no problem. I have an appointment with the new cardio on the 23rd, which is the next time he'll be in town. So, I took the note in yesterday (I'm off Sun and Mon) and handed it to the store manager. She hung it up on the wall in the office. Amy wasn't working yesterday, but on Monday she got in trouble with the big bosses, or so I'm told. She was as sweet as pie to me today. Today, the owner and his two assistants had a long meeting with all the managers about the situation. Apparantly, the owner has finally realized that he needs to do something about climate control in that restaurant. The front counter/lobby areas are awful. Most of the time, the first thing customers have to say is it's so hot (or cold in the winter) in here. So, if he follows through on fixing that, I won't be the only one to benefit. That is an awesome thought right there. Another part of the meeting focused on following notes that employees have in their files from their doctors. I'm not the only one who has been forced to go against doctors orders there - several employees have lifting restrictions that are ignored, etc. The owner has woke up to see that he could be in for quite a few serious lawsuits if things don't change.

When I see my new doctor, I'm going to have a list of everything (that I can think of) that I would be asked to do at work and have him go through it and either give permission or restrict me from each one. Then, I'll give a copy to the managers and keep one for myself, updating it whenever necessary.

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