What Would You Do?

[cardiactec]

Hi all,

I write you this feeling pretty gloom and frustrated.

I was hired at a hospital four months ago (full time) with the hospital knowing all about my med conditions before hire, especially POTS, and its limitations). Part of the job I cannot do, as I attempted this part of the job on memorial day and ended up passing out......I have been told by my boss that he is moving me from full time to per diem in a month because he needs someone who can do all parts of the job.

I have gone to human resources and employee health about this and nobody seems to be doing anything about it, except for being passive and letting my time run down from being full time employee to soon to be per diem. I KNOW this is a game they are playing by putting me per diem instead of just firing me, because they know they cannot get away with firing me for a disability -- the game is that they believe i will just end up leaving on my own will because no body can afford to be per diem and make ends meet. -- and THAT they can get away with.

so, my question is, would you seek legal representation here?? This is clearly discrimination against AMA.

What do you think? I am so upset right now......

[lorrie]

I'm so sorry that you are having to deal with this. If they knew about all the limitations before they hired you, I would pursue this. Did you have documentation on what your limitations were when you got the job or was it verbal? Don't let them run over you.

I am going through a similar situation. I teach and school starts next week...my boss wants a release signed from my POTS doctor that I have no limitations. He WILL NOT sign it. I am in the process of fighting her at the board of ed.

It is frustrating because we don't feel well enough to work full-time, but we have to fight years and years for disability. I don't know what the answer is, but I am sending you big hugs!!!!

[Ernie]

HI,

I would certainly get legal representation, especially since you were honest with them when they hired you.

[summer]

Sorry to hear things are so stressful right now. I'm a nurse and although I'm off work right now, I do anticipate a challenge if I make requests for accomodation when I am ready to return (probably to a different type of position).

I work in Canada and I'm not sure what "per diem" means. It's a term we don't use here. Is this some type of part-time or on-call type of work? Also I'm wondering if you belong to a union. I'm sure I'll be counting on my union to back me up and to see that my rights are protected when I return. If you belong to a union I would contact your union rep first. They will know what you are entitled to under your contract and may have lawyers there who can help if needed.

Summer

[Csmith3]

What an awful situation. I am so sorry and feel annoyed on your behalf.

I am also unfamiliar with per diem pay, but presumably it means less money and fewer employee rights. I don't understand how you can be transferred from one to the other without signing a new employment contract. Are you in a 6 month probationary period that limits your rights?

Like you say, it looks like they are trying to use your faint as an excuse and no one wants to admit it. If you escalated this by handing in a written complaint, would that have any positive effect? I was thinking they would then have to do something and explain themselves in writing, which could be embarrassing. I think I would consider this before escalating further to legal representation.

I do wonder if you have prejudiced your position by carrying out duties you had "excluded" up front, even if you meant well and were providing cover over the holiday period.

Either way, I think I would be looking for another job. You have a valid non-medical reason; your pay has unexpectedly been cut.

[cardiactec]

hi all,

thanks for your responses. so frustrating. i do however have a back up plan as of yesterday -- a bit more of a challenge in regard to job location, but have been offered a job two hours from my home and the pay is 7$ more an hour than what i am currently making. it is quite the haul to have to, on a weekly basis, drive two hours (and then stay with my grandpa who lives in the area) for this job. i feel blessed that at least this opportunity has come up, but i am really angry that i am being forced to leave my place of employment (and how conveniently located it is -- 15 mins from home) and really want to take on some sort of claim against them....

the hospital does not have a union. my dad, being part of the carpenters union, tried to get the union in this hospital several years back and it never happened......... ( ........probably because they know they can get away with stuff like this.....

per diem is basically an "as needed" basis -- whenever they need you, they'll call you. NOT a good setup financially. same pay but a major hourly cut, and perhaps not even any hours some weeks.....

yep, had documentation before i started this position - my cardiologist even wrote a note to employee health explaining POTS and that i would need time for "frequent sitting". they are no asking for clarification on what "frequent" means -- just basically playing head games....

i know there was someone on this board who worked at the same hospital and basically was fired for the same reasons, because of POTS/their disability. .....i just rememberd that coming in to work this morning......crazy.

thanks for all your thoughts/concerns. it means alot.

[pat57]

I'm sorry to hear this. Frequently a lawyer will offer a free consultation, during which they will advise you whether you have a good case.

That would seem the place to start.

Good Luck

[summer]

I'm glad to hear you will have something to fall back on if you really need it, but I can understand your anger. This sounds very unjust. Sounds like you are not the first and you won't be the last to be discriminated against at this hospital. I agree that talking with a lawyer at this point would be a good idea. Your employer should not be allowed to get away with treating people this way.

Summer

[morgan617]

I'd get a lawyer and file a grievance and probably try the other job, although you may end up running into the same problems. In my state, they can only say whether they would hire you again or not, not why you left, if you put them on your resume, but if you don't and file a grievance, it will show the new place you lied...a rock and a hard place. Did you say you had already been offered the job?

I was off the board for awhile, but know you had the ablation done. You didn't have syncope before that did you? It seemed like you didn't, as I recall. I didn't till my ablation either, and then discovered I was having huge drops in my rate, which my doctor thinks is damage from the ablation. Have you had that checked out? I got a pacer, as you may recall and haven't passed out since. Sorry you are going through all this..I am assumig this is not the same hospital you were at when you joined, since you've only been there 4 months. What a bummer. I hope you can get things worked out! morgan

[Guest tearose]

My heart aches for you. I am sorry for the disappointment and frustration. On so many levels I understand the desire to work and feel like we are able to function and then the struggle to not overdo, not be seen as not able to function fully, to have the respect of coworkers...

I think you should pick up and move on. Get a lawyer, give him/her the whole case to handle and focus on the new job.

Do you have to travel that far though? Can't you find something closer to home? That is the one new hardship I see in the new position.

wishing you a joyful new beginning,

tearose

[sarct]

I am really sorry you are in this mess. I would consult a lawyer, and see where you can go with it. Good luck to you. Sounds like this hospital needs to be taught a lesson.

[masumeh]

This situation stinks! I'm so sorry that it has happened to you. It must be very frustrating. On one hand, it's clear that the employer has some right since you cannot do part of the job that they want to be done in that job position. On the other hand, you can do everything else, so that's really frustrating that because of just one part of the job, your employer doesn't feel you can be relied upon. It just stinks. What I would do? I think I'd go home and brake something, then start applying to other jobs. If it's possible, I might ask the current employer to re-assign me to a different position, where I wouldn't have to encounter tasks that induce syncope.

Hope you find a good solution.

[delphicdragon]

On one hand, it's clear that the employer has some right since you cannot do part of the job that they want to be done in that job position.

This isn't true. Where I work you have to be reassigned if you can't do the work you were hired for, at the same pay scale. At least that's how it works in CT. Most of our per diem nurses actually get work everyday, some more hours than the salaried staff as they get paid a higher hourly rate.

The link is for the ADA's document on reasonable accommodations. Unless they deem your illness something that would put the life of other people at risk, they are required to accommodate you. If they feel that this per diem job IS a reasonable accommodation - I would get a lawyer - ASAP.

http://www.eeoc.gov/policy/docs/accommodation.html

Sara

[mom4cem]

Sorry to hear that. That stinks. So many loopholes for them, yet we can never find the loopholes. Can't figure that one out. Whatever you choose, to fight or walk away, do it because you know it's best for you and your situation. I'm glad you were offered another position. Please let us know what you decide.

[cardiactec]

that is EXACTLY what they are trying to get away with in saying : that I would be jeopardizing the patients health if I ever fell on one of them when passing out. that is a crock, that would never happen -- i cant count how many times i have passed out on one hand, over the course of six years -- very infrequently. PLUS, I work in noninvasive cardiology and am not in a sterile field or near critically ill patients -- the patients that come to me are well enough to be on a treadmill, so i'm not seeing the harm that could be done if by chance i happened to pass out and fall on one of them. the things people try to get away with are ridiculous.

this is clearly an AMA issue. they hired me knowing my conditions, knowing whatever "Risks" were involved, so it's illegal for them to release me from my position based on the fact that i have a disability.

what really errrks me is that they make accomodations for another cardiac tech, for the same job requirement that i am unable to perform -- he doesnt have to perform this job requirement because of his medical problems, so why should I be responsible for performing this job when I have legitimate medical problems as well? I brought this up to them and they gave me some lip about how the other employee has been here for awhile and wasnt hired on with the med condition but it came about years after they had hired him. BTW, I am past my three month probation period, not sure if that would even play any benefit to the hospital anyway in this particular case. it's discrimination, period.

hey morgan, i was passing out on a very rare occasion before my EP study/ablation and have only passed out once since the ablation and that was the day that work pushed me to the point where I couldnt tolerate my symptoms.......

[goldicedance]

Morgan and Cardiactec,

I was in the same position as Morgan with the sinus node ablation then followed by bouts of bradycardia. That is when I got a pacer. Then for several years I was terribly bothered by Junctional tachycardia and eventually had an AV node ablation. Now I am fully paced. I am doing much better without the junctional tachycardia. I am paced at about 85 to keep my heart from having the hr accelerations and drops that cause me to feel terrible.

I would follow through with your hospital fight. However, that is your decision alone to make. What are your state's laws with regard to right to work and ADA.

Lois

[ajw4790]

Hi,

That is awful that happened, and that workplaces, especially hospitals continue to do things like this. It seems that their actions are against ADA. Did they try anything accomodation wise between hiring and making you per diem? And you are still able to do all the tasks that are required in some fashion (even if accomodations are required)?

I agree with the previous comments. A lawyer maybe helpful or contacting a goverment or other organization that deals with employee rights or working with people in the workforce with disabilities. Depending on the entire situation and area where you live may determine what is available.