"Disability Separation" from work-need help

Discussion in 'Fibromyalgia Main Forum' started by steach, Aug 17, 2003.

  1. steach

    steach Member

    I have CFIDS/FM. I'm employed by State of Ohio as a teacher and they are trying to 'disability separate' me. I've been off work since April and doc won't release me to return to work until another eval in January. Any federal laws to prevent this from happening?
  2. Takesha

    Takesha New Member

    I would highly recommend that you do a search for info. on the Americans with disability act..NOW, and inform yourself of your rights (forewarned in forearmed). There is a law which says that if we are disabled that employers must make resonable accomadations for us. The following is straight out of may personal email from my lawyer.

    "The law (ADA) says that you are a "QID" (Qualified Individual with a Disability) if you 1- have a condition that impairs a substantial life activity and 2- can perform all essential functions of a job with or without reasonable accommodation.

    The "with or without reasonable accommodation" part sounds a little different from what it really means. It does NOT mean that you have to be able to do the job WITHOUT reasonable accommodation. It means that, if you require reasonable accommodation to do the job, you are still qualified."
    Now I don't want to jump the gun here, because I don't know your circumstances. Just because I have had a bad experience in this area, doesn't mean you will or are. I just don't trust "the powers that be" to give us (people with dd's) a fair shake. Literally everyone I know that is disabled or injured got it "stuck to them" by there employers just because they thought they could get by with it, because we dont know our rights. So...read the ADA, and if you feel like your getting railroaded, find a lawyer stat. My lawyer didn't ask for a dime up front unless we sued, and a lot of the garbarge stopped as soon as my employers heard I had a lawyer. I ended up having to file discrimination charges with the Eqaul Opportuninty Employement people. I was also a union rep on a non-goverment/state job, so I new they were messing with me, but I wasn't knowledgeable about the disability act. I am not suggesting that you try to sue, only suggesting that you protect your rights. I could mean the difference of keeping your job and benifits, verses haveing nothing at all, and believe me the "powers that be" only care about having warm able bodies that get the work done." It sounds hateful, but in most cases it's the facts.
    Hope this helps.

    I came back to also say that you should start documenting EVERYTHING. Who's saying what, and when and who was present at the time. Keep everything that is given to you in writing or insist that it's in writing. If you have any meetings with these folks take your spouse or friend as a witness. etc...It seems a little drastic but it works in your behalf later.[This Message was Edited on 08/18/2003]
    [This Message was Edited on 08/18/2003]
  3. steach

    steach Member

    Hi Takesha-

    Thanks for the info. At this time, doc states that I am not able to perform my duties even with reasonable acommodations. My memory is such a big issue right now, the fatigue is so severe that I need to sleep when I am exhausted(at any given moment/hour), my body hurts/aches.
    I am in the process of trying therapies to correct this, but it may take a while- that's why he wants to re-eval in Jan.
    My employer states that, when I can prove that I am able to return to work, I may file for a re-instatement. I am a union member and have two yrs. disability available. How can they basically 'terminate' me right now?
  4. Mikie

    Mikie Moderator

    That's what they are there for. Good luck.

    Love, Mikie
  5. Takesha

    Takesha New Member

    Every Union in every state has it's own policies etc. Make your union work for you, that's what they are there for. Also, you could consult a disability Lawyer.Almost all give free consultations. They would no all the legalalities that we "lay people" wouldn't. If nothing else, you would know where you stand and what options are available. I know it's hard to deal with all these issues when you don't feel well, however if it ends up that you need legal advise or representation, it would make it easier on you in the long run to have that representation in the beginning.
    I hope things work out for you, and that with med's etc you are "up and running" soon :} Believe me, I have worn the shoes your in now and it's hard, but the extra effort in proctecting yourself and your rights will be worth it in the end.