Kickas.org Forums Ankylosing Spondylitis General Discussion #1 AS Web Support Group update on my son-his employer being nasty

Thank you all for your responses to my post on my 21 yr old son. He is still having so much pain and stiffness, but still waiting to see the specialist on Oct 18.

I have something to run by you all, and see if you can give me some advice. He has turned in his "light Duty" note from his doctor to his employer. They are treating him very badly. They do not have him on light duty, and in fact are making him do more then other employees. He has a physical job in a plastics plant. He is not supposed to be lifting or bending, and they have not altered his job at all for him. In fact his supervisor said to him, "there is nothing wrong with you, the doctors just want you money, you are too young to have back problems".

Are they not breaking some kind of rule by not following doctors orders regarding light duty? Also what should be say back to his supervisor when he tells him nothing is wrong with him?

I am at a loss, I wish I could go in there and tell them off, but I cant. He has worked at this place for just over a year, and had a perfect work record till this started. Now they put him on notice he cant miss any more work, even tho he was excused by the doctor the time he was off, after ER visits. Seems they want to get rid of him. He cant lose his job now, he needs the insurance. He is looking for another position, the doctor advisd him to find a job that requires no phyical strain, lifting etc.

I would appreciate any input. I am thinking some of you might have been in this position at some time.

Some of you might think why doesnt he talk back to the employer, he is very afraid of being fired and is not sure of his rights. He is one the shy side. Not outspoken

He works for an established plastics extrusions factory that is well established and has more than one location. It is not some small family run place.
Thanks again,
Pattie

Hi Pattie

Sorry to hear your son is getting pushed around by these jerks. I was in the same boat in 1999 but here in Canada if you were on the Job for atleast 1 year and had a note from the Doctor they could NOT get rid of you and if the Note says NOT to do any lifting or bending then he should NOT do any. Alot of places try to push their people around because the workers are to afraid to lose their jobs and just do what they are told.
Your son should ask his Boss just how old you must be to have a Back Problem and then ask for it in writing from him as well. That way you have something to fight back with if they do get rid of him. Check your Labour Laws where you live to see just what can be done about this before he is let go and tell them just what his Boss says about being to yound to have a Back Problem.

John

If he injures his back because of this.... Lawsuit. Hope things work out for him!

Stacie

Hello Pattie,
I know that your son's pain and stiffness will become more bearable with time.And things will soon look better and brighter.

May i suggest the following:

First Things first.
I suggest that you explore the possibility of seeking FMLA ( Family and Medical leave of absence ) protection. Your son is eligible if he worked for atleast 1 year and 1250 hours for the same employer AND the employer has more than 50 employees within 75 mile radius. Consider choosing the option for intermittent leave which will allow even one hour leave periods if your son does not feel well.This type of leave will ensure his insurance coverage and substantiate grounds for wrongful termination. This has been a blessing for me. Hope this works for your son too.

Secondly,
From my own experience:
At work, I had to significantly change my attitude to help me come to terms with my situation. I had to keep telling myself the following over and over again.

1. Only my family and friends have my well being in mind. People at work have the company's best interests in mind. I will not blame anyone at work for this.
2. Getting my life back is my top priority.
3. Getting back at my boss for illtreatment is not on my wish list. This will not help my current situation. I will not waste my time and effort on this.
4. Think positive!

Somehow, this helped. I was less worked up and felt more positive and less sorry for myself.

Thirdly,
He should find a new job . May be we should all help him find one that's not so physical and more fulfilling and fun than his current job.

I'll be glad to answer any questions you may have.

Please wish your son all success from me.

Later,
-Ranga

Pattie, assuming you are in the U.S., Ranga brought up a very good point in regards to the FMLA, it allows for up to 12 weeks per year of leave, albeit unpaid, however, they cannot deny you this. I know Lori (Sassy) uses it frequently for her son Eric (Mascot) for his Remicade treatments among other stuff.

Here's a link in regards to the FMLA Click Here

I'm fortunate that my employer is flexible with medical issues for their employees as we don't meet the criteria as we don't have 50 or more employees in my location (and we're the HQ).

Ian




Beer is proof that God loves us and wants us to be happy. --Benjamin Franklin

Not sure exactly where you live, but if you do live in the U.S., and the doctors diagnose AS, then the Americans with Disabilities Act can be a big help. If your son can do part of the job that doesn't require as much physical work, then he should make an official request for "resonable accomodations." If the company refuses, there would be very legitimate grounds for a lawsuit. The Federal government does not take this issue lightly at all, and your son may also want to look into filing a report with the Department of Labor.

What it sounds like to me is that the company may be trying to persuade your son to quit, for fear that he may say his back problems are work related. Then Workmen's Compensation comes into play. Either that, or the insurance company may actually be behind the bad treatment, wishing to push out a "bad risk." I had the exact same thing happen to me when I first came down with AS symptoms. The company told me to leave, yet when I filed for Unemployment they said I quit. But in my arbitration hearing, it became clear that they just wanted to get rid of me. The arbitrator ruled in my favor and I was able to draw my unemployment for 18 months and maintain my insurance. Obviously, my back problems were autoimmune in nature and had nothing to do with my job, other than that it might have exasperated the symptoms. But as everyone can tell you around here, there is so much ignorance about arthritis that they were so stupid as to think I might make a claim for Workmen's Comp. They were trying to save money, but I ended up costing them money instead. It turned out to be the best thing that ever happened to me, career wise too, because it was this that triggered the chain of events that led to my completion of my Master's Degree and subsequent employment as a Librarian which has led to tenure.

Tell your son to hang in there and remember that people can be incredibly stupid, especially at work and when money is involved.

Johnny

I am sorry to hear about this recurring problem with employers.
I too was pushed into doing jobs which did nothing but cause flare ups and more damage. Guess what? You know how they say that you cant collect unemployment if you quit your job. Well, this is true UNLESS you quit because of a medical condition. I know because i collected 26 weeks after i quit because of A.S. pain. Tell him if he is sick of being pushed around and hurting because of their ignorance, too take six months off.

Best wishes, i hope it all works out.
C J


Butt... Butt... No, my Butt.

Patti,

What his boss is doing is wrong, and actually he is being stupid.

If he has a Drs. statement and is FORCED to continue and hurts himself he can file a lawsuit against the company.

I would check with an attorney and see what you son's rights are.

It sounds as if they are trying to make him quit. I would tell him to hang on until you talk to an attorney.

I would also have your son document, keep a journal of what exactly is being said and by whom in case it comes to something legal.

Good luck!

Lisa

As Johnny said, the applicable legislation here (or at least the "big" federal-level one) is the Americans with Disabilities Act of 1990. Check out the official website at http://www.ada.gov . This website--http://www.disability.gov--is also very good, a little easier to navigate but less ADA info. The Department of Justice has an ADA information number, I know firsthand that the people are very nice and helpful. (I haven't called them for a WHOLE WEEK now! ) That's 1-800-514-0301--M-T-W-F 9:30-5:30 and Th 12:30-5:30 (eastern time). Title I of the ADA is the relevant section in your case (covers employment). This part is enforced by the EEOC (http://www.eeoc.gov); I think they might have their own info number, but I don't know it--I'm dealing with titles II and III. Also look into the Job Accomodation Network (JAN). It should be easy to find with an internet search. The full text of the ADA is also available online on a number of pages, again do a websearch (or just see ada.gov--everything is there somewhere, you just have to find it). Write everything down, keep records!!! Personally, I'd say be very careful dealing with this boss--if given any other excuse to fire your son (like talking back) it will be a lot harder to file a complaint and bring a successful discrimination suit against him in if it should come to that in the end. I'm happy to try to answer any questions, I've read and learned a good bit in my dealings with discriminatory schools and other public and private services.
Good luck!
'Erie (-: