Anybody ever tried prepaid legal to fight their employer?

Discussion in 'Fibromyalgia Main Forum' started by SweetT, Aug 8, 2006.

  1. SweetT

    SweetT New Member

    For those of us suffering from these debilitating conditions, I'm wondering if anyone used the attorneys with Prepaid Legal to help them take on their employer and fight to keep their job, with the accommodations that they need. If so, what have been your experiences?

    My bastardly employers are up to it again---------picking on me about accommodations. I had a meeting and approval of accommodations earlier this year, had accommodations in place, and now a different member of upper-Management is saying we need to schedule a meeting AS IF I HAD NEVER HAD ACCOMMODATIONS IN PLACE. I've only had these accommodations in place since May 2006. It hasn't even been a year? I don't think he can legally do this, unless me disability and needs have changed.

    Any thoughts?
  2. victoria

    victoria New Member

    here's a bump back to the first page...

    hope you get some answers and help!
  3. JLH

    JLH New Member

    Unfortunately, I have no personal experience with this either.

    However, I have always worked with the top executives, and where I worked, they made certain that THEY (the corporation) ALWAYS WON!

    They had unlimited resources (financially and in specialists) and would make sure that they came out smelling like a rose, if you know what I mean!!

    Good luck with your situation!


    Hugs,
    jlh
  4. SweetT

    SweetT New Member

    Who always cries broke. They're too cheap to pay for specialists, so they bully you into allowing them to break the federal law.
  5. Daisys

    Daisys Member

    Aren't you allowed a free question with Prepaid legal?

    They could give you some input on the first call, or let you know how to go about using their services. I'm not sure how they work, so would appreciate some feedback if you do contact them.
  6. suzetal

    suzetal New Member

    Than tell him I will be recording our meeting so I can pass it on to my attorney.I was told I needed to inform you that all meetings about my accommodations must be recorded.So that I have records of all conversation.Plus I need a letter informing me of this meeting for there records.

    Bet they back off.

    Sue
  7. SweetT

    SweetT New Member

    I pay for Prepaid Legal out of my pocket. We have no benefits like prepaid legal or short-term disability, or even free parking :)Unfortunately, the accommodations that I am asking for are mostly free, or used, already-in-stock materials could be used.

    Suzetal, thanks for the suggestion.

    I've already called Prepaid legal a few times concerning this, and I may have to actually have them write a letter, or, I might have to retain an attorney. I'm just concerned that once my free letter is up, prepaid legal won't follow up and make sure that my job does what they're supposed to.
  8. IndianPrincess

    IndianPrincess New Member

    If I can find it I will show you a letter that my attorney friend Caryn Groedel wrote on my behalf.

    Take a tape recorder with you and in Ohio you don't need to let the other person know that you are recording. Document everything. Ask the company to put their concerns in writing. Respond to them in writing. Document, document, document.

    Been on this road myself. We'll discuss this Saturday at Tower City!

    Also, are you familiar with Services For Independent Living on Euclid Avenue in Euclid? They are supported by The United Way.

    I get their newsletter AwareNews. On August 23 Attorney Marcia Margolius will speak on "Navigating the Social Security System: Your Rights and Benefits."

    The meeting will be held in SIL's Conference Room at 25100 Euclid Avenue, Ste. 102 from 1 till 3 p.m. Contact Lisa at 216-731-1529.

    See ya,
    Cindy
  9. SweetT

    SweetT New Member

    I don't want them to call me insubordinate, yet, I don't want them violating my civil and confidentiality rights.
    [This Message was Edited on 08/09/2006]
  10. SweetT

    SweetT New Member

    Hurry up (if you can) Cindy. I'm being watched.
    [This Message was Edited on 08/09/2006]
  11. SweetT

    SweetT New Member

    Say it again.
  12. SweetT

    SweetT New Member

    I only got the 4 digits you sent.
  13. IndianPrincess

    IndianPrincess New Member

    Try tonight. Around 9 p.m.

    Cindy
  14. IndianPrincess

    IndianPrincess New Member

    As soon as you get home call:

    800-526-7234 (V/TTY) in the United States
    800-ADA-WORK (V/TTY) in the United States
    304-293-7186 (V/TTY) Worldwide
    Calls are answered from 8 a.m. to 8 p.m. Eastern Time Monday through Thursday and on Fridays from 8 a.m. to 7 p.m. Machines answer after-hours calls.

    They can give you technical assistance and advice!

    From their website:
    How do I know when to request an accommodation?

    You can request an accommodation at any time during the application process or while you are employed. You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer. In general, you should request an accommodation when you know that there is a workplace barrier that is preventing you, due to a disability, from competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunch room or employee parking. As a practical matter, it is better to request an accommodation before your job performance suffers or conduct problems occur because employers do not have to rescind discipline that occurred before they knew about your disability.

    From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at http://www.eeoc.gov/policy/docs/accommodation.html.

    How do I request an accommodation?

    According to the EEOC, you only have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition. You can use "plain English" to make your request and you do not have to mention the ADA or use the phrase "reasonable accommodation."

    Here are some examples:

    Example A: An employee tells her supervisor, "I'm having trouble getting to work at my scheduled starting time because of medical treatments I'm undergoing." This is a request for a reasonable accommodation.

    Example B: An employee tells his supervisor, "I need six weeks off to get treatment for a back problem." This is a request for a reasonable accommodation.

    Example C: A new employee, who uses a wheelchair, informs the employer that her wheelchair cannot fit under the desk in her office. This is a request for reasonable accommodation.

    Example D: An employee tells his supervisor that he would like a new chair because his present one is uncomfortable. Although this is a request for a change at work, his statement is insufficient to put the employer on notice that he is requesting reasonable accommodation. He does not link his need for the new chair with a medical condition.

    Requests for reasonable accommodation do not have to be in writing so you can request accommodations in a face-to-face conversation or using any other method of communication. Your employer may choose to write a memo or letter confirming your request or may ask you to fill out a form or submit the request in written form, but the employer cannot ignore your initial request. However, you may want to put your request in writing even if your employer does not require it. Sometimes it is useful to have a paper trail in case there is a dispute about whether or when you requested accommodation.

    From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at http://www.eeoc.gov/policy/docs/accommodation.html.

    For more information regarding how to make a written accommodation request, visit Accommodation Request Letter at http://www.jan.wvu.edu/media/accommrequestltr.html.

    Do I have to tell my employer that I have a disability?

    Under the ADA, employers are only required to provide accommodations for employees who are experiencing workplace problems because of a disability. Therefore, unless you let your employer know that you have a disability, the employer is not obligated to consider accommodations under the ADA.

    How much medical information do I have to provide to my employer?

    Some employees do not want to give their employers a lot of details about their disability. If you prefer not to give a lot of information, you may want to limit the medical information you initially give to your employer when you request an accommodation. For example, you may want to tell your employer what you are having trouble doing, that the problem is related to a disability, and what your accommodation ideas are. Some employers will not ask for more information. However, employers have the right to request additional medical information when an employee requests an accommodation and if you do not provide it, the employer can deny your accommodation request. When an employee requests an accommodation and the disability or need for accommodation is not obvious, an employer may require that the employee provide medical documentation to establish that the employee has an ADA disability and needs the requested accommodation.

    For more information, visit Medical Inquiry in Response to an Accommodation Request at http://www.jan.wvu.edu/media/medical.htm.

    What accommodations can I request?

    In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. Under the ADA, employers are required to provide "reasonable" accommodations for employees with disabilities. Therefore, you can request any accommodation that is considered "reasonable."

    Here are some examples of reasonable accommodations from the EEOC:

    making existing facilities accessible
    job restructuring
    part-time or modified work schedules
    acquiring or modifying equipment
    changing tests, training materials, or policies
    providing qualified readers or interpreters
    reassignment to a vacant position
    medical leave
    work from home

    The following are not considered forms of reasonable accommodation and therefore not required under the ADA:

    removing or eliminating an essential function from a job
    lowering production standards
    providing personal use items such as a prosthetic limb, a wheelchair, eyeglasses, hearing aids, or similar devices if they are also needed off the job
    Note: While employers are not required to eliminate an essential function, lower a production standard, or provide personal use items, they can do so if they wish.

    The only limitation on an employer's obligation to provide reasonable accommodations is that no such change or modification is required if it would cause "undue hardship" to the employer. "Undue hardship" means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business. An employer must assess on a case-by-case basis whether a particular reasonable accommodation would cause undue hardship.

    From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at http://www.eeoc.gov/policy/docs/accommodation.html.

    How long does my employer have to respond to my accommodation request?


    According to the EEOC, there is no specific amount of time that employers have to respond to an accommodation request, but they should respond as quickly as possible. Unnecessary delays in responding or implementing an accommodation can result in a violation of the ADA. The EEOC provides the following examples:


    Example A: An employer provides parking for all employees. An employee who uses a wheelchair requests from his supervisor an accessible parking space, explaining that the spaces are so narrow that there is insufficient room for his van to extend the ramp that allows him to get in and out. The supervisor does not act on the request and does not forward it to someone with authority to respond. The employee makes a second request to the supervisor. Yet, two months after the initial request, nothing has been done. Although the supervisor never definitively denies the request, the lack of action under these circumstances amounts to a denial, and thus violates the ADA.


    Example B: An employee who is blind requests adaptive equipment for her computer as a reasonable accommodation. The employer must order this equipment and is informed that it will take three months to receive delivery. No other company sells the adaptive equipment the employee needs. The employer notifies the employee of the results of its investigation and that it has ordered the equipment. Although it will take three months to receive the equipment, the employer has moved as quickly as it can to obtain it and thus there is no ADA violation resulting from the delay. The employer and employee should determine what can be done so that the employee can perform his/her job as effectively as possible while waiting for the equipment.


    From Reasonable Accommodation and Undue Hardship (EEOC Guidance) at http://www.eeoc.gov/policy/docs/accommodation.html, see question 10.

    [This Message was Edited on 08/09/2006]
  15. SweetT

    SweetT New Member

    chat with you all later on tonight.
  16. IndianPrincess

    IndianPrincess New Member

  17. rockyjs

    rockyjs Member

    Years ago when we first signed up for PrePaid legal we saved quite a bit of money by using them.

    Now if they write a letter the legal department of a company knows the attorneys that are affiliated with PPL and don't take it seriously. They know you only get a few free hours and some letters and phone consultations and that you probably won't pursue a case beyond your free benefits.

    Jan
  18. SweetT

    SweetT New Member

    I understand what you said, Joannla, and I only got on the site because I needed help with my situation right away. I don't cruise on the internet at work. Others have that privilege but I do not. That's why I was asking Cindy to hurry.
  19. IndianPrincess

    IndianPrincess New Member

    Great talking to you on the phone. Give me a buzz again before Saturday and we can exchange e-mail addys. Forgot.

    I'll send you info and attorney contacts.

    Good luck!
    Cindy
  20. SweetT

    SweetT New Member

    I want to give you some contact avenues for me also.