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Advice about work
I have not told mangement where I work qbout having MS.
Lately, due to cognitive and dexterity problems, I have started making more mistakes than would be normal. At least one of these cause a big problem.
My work history is pretty good and so far all the mistakes have been forgivin or over looked.
However, the idividual I report to is starting be somewhat frustrated with me.
My question is should I tell my superiors of my MS situation. I am a contractor and not sure about wheather the disablities act covers contractors in terms of accomodations.
Any knowledgeable advice would be appreciated..
Lately, due to cognitive and dexterity problems, I have started making more mistakes than would be normal. At least one of these cause a big problem.
My work history is pretty good and so far all the mistakes have been forgivin or over looked.
However, the idividual I report to is starting be somewhat frustrated with me.
My question is should I tell my superiors of my MS situation. I am a contractor and not sure about wheather the disablities act covers contractors in terms of accomodations.
Any knowledgeable advice would be appreciated..
posted this to another thread.
The following is from Threshold Issues (EEOC Guidance) at http://www.eeoc.gov/policy/docs/threshold.html and discusses who is covered under the ADA. If an employee is covered, then the employer must consider accommodations, including accommodations needed for cognitive limitations.
In most circumstances, an individual is only protected if s/he was an "employee" at the time of the alleged discrimination, rather than an independent contractor, partner, or other non-employee.(68) An "employee" is "an individual employed by an employer."(69) An individual may have more than one employer.(70) The question of whether an employer-employee relationship exists is fact-specific and depends on whether the employer controls the means and manner of the worker's work performance. This determination requires consideration of all aspects of the worker's relationship with the employer. Factors indicating that a worker is in an employment relationship with an employer include the following:(71)
The employer has the right to control when, where, and how the worker performs the job.
The work does not require a high level of skill or expertise.
The employer furnishes the tools, materials, and equipment.
The work is performed on the employer's premises.
There is a continuing relationship between the worker and the employer.
The employer has the right to assign additional projects to the worker.
The employer sets the hours of work and the duration of the job.
The worker is paid by the hour, week, or month rather than the agreed cost of performing a particular job.
The worker does not hire and pay assistants.
The work performed by the worker is part of the regular business of the employer.
The employer is in business.
The worker is not engaged in his/her own distinct occupation or business.
The employer provides the worker with benefits such as insurance, leave, or workers' compensation.
The worker is considered an employee of the employer for tax purposes (i.e., the employer withholds federal, state, and Social Security taxes).
The employer can discharge the worker.
The worker and the employer believe that they are creating an employer-employee relationship.
This list is not exhaustive. Other aspects of the relationship between the parties may affect the determination of whether an employer-employee relationship exists. Furthermore, not all or even a majority of the listed criteria need be met. Rather, the determination must be based on all of the circumstances in the relationship between the parties, regardless of whether the parties refer to it as an employee or as an independent contractor relationship.
The following is from Threshold Issues (EEOC Guidance) at http://www.eeoc.gov/policy/docs/threshold.html and discusses who is covered under the ADA. If an employee is covered, then the employer must consider accommodations, including accommodations needed for cognitive limitations.
In most circumstances, an individual is only protected if s/he was an "employee" at the time of the alleged discrimination, rather than an independent contractor, partner, or other non-employee.(68) An "employee" is "an individual employed by an employer."(69) An individual may have more than one employer.(70) The question of whether an employer-employee relationship exists is fact-specific and depends on whether the employer controls the means and manner of the worker's work performance. This determination requires consideration of all aspects of the worker's relationship with the employer. Factors indicating that a worker is in an employment relationship with an employer include the following:(71)
The employer has the right to control when, where, and how the worker performs the job.
The work does not require a high level of skill or expertise.
The employer furnishes the tools, materials, and equipment.
The work is performed on the employer's premises.
There is a continuing relationship between the worker and the employer.
The employer has the right to assign additional projects to the worker.
The employer sets the hours of work and the duration of the job.
The worker is paid by the hour, week, or month rather than the agreed cost of performing a particular job.
The worker does not hire and pay assistants.
The work performed by the worker is part of the regular business of the employer.
The employer is in business.
The worker is not engaged in his/her own distinct occupation or business.
The employer provides the worker with benefits such as insurance, leave, or workers' compensation.
The worker is considered an employee of the employer for tax purposes (i.e., the employer withholds federal, state, and Social Security taxes).
The employer can discharge the worker.
The worker and the employer believe that they are creating an employer-employee relationship.
This list is not exhaustive. Other aspects of the relationship between the parties may affect the determination of whether an employer-employee relationship exists. Furthermore, not all or even a majority of the listed criteria need be met. Rather, the determination must be based on all of the circumstances in the relationship between the parties, regardless of whether the parties refer to it as an employee or as an independent contractor relationship.
You got that right honey...no compassion shown whatsoever! All I know is that if I or anyone I know needs homecare...they will not be provided by that company! I know that when you are ill, it is not easy to deal with working alone but when your job may be in jeopardy...that is the stress that will cause you to make mistakes as well. You feel as though you are being watched all the time and of course that is when the mistakes are made.
I wish to all the luck in finding out about what to do about this...please let us know what you find out ok...it could be very valuable information for someone else in the future as well!
Lots of Hugs (even though you're a guy) tee hee
Rena
I wish to all the luck in finding out about what to do about this...please let us know what you find out ok...it could be very valuable information for someone else in the future as well!
Lots of Hugs (even though you're a guy) tee hee
Rena
We don't either; just being silly! I hope this all gets straightened out for you, Mc. It's got to be very frustrating to have to worry about job security when you don't feel well. I went through something similar this past year. I had a constant stomach ache from morning until night.
Hang tough!
McZ*
Hang tough!
McZ*
Having deatlt with the buisness world since the eqrly 80s I know they; always choose in therir best interest only.
All good suggestions above, re: talk to local MS Society and/or ADA Advisor before talking to your employer, to understand whether you are covered under the disabilities act, given your particular employment arrangement. I would also suggest you consider consulting a labour attorney for advice prior to taking any action.
Some employers do not exclude employees from eligibility for disability benefits because a condition is pre-existing; every plan is different and depends on the contract between the employer and the insurance company. However I guess this point is moot for you MCBCON, it is unfortunate that your company does not offer this benefit.
Like Rena, I'm not very familiar with US employment law. She is correct, that in Canada there are laws to protect employees from being terminated due to a medical condition, whose disabilities can be reasonably accommodated by the employer. The onus is on the employee to request accommodation and therefore, usually requires the employee to disclose the details of their condition and their limitations. Employers CAN legally let an employee go, if they can prove that to accommodate the disabled employee would cause an undue hardship to the company.
MCBCON, since your condition is now becoming more apparent at work due its effect on your performance, it sounds like you probably are going to need to disclose something about it. The alternative may be to be terminated for poor performance. If you do decide to disclose, just ensure you are very clear on your rights and responsibilities, as well as those of your employer.
Good luck and let us know how things go.
db1
Some employers do not exclude employees from eligibility for disability benefits because a condition is pre-existing; every plan is different and depends on the contract between the employer and the insurance company. However I guess this point is moot for you MCBCON, it is unfortunate that your company does not offer this benefit.
Like Rena, I'm not very familiar with US employment law. She is correct, that in Canada there are laws to protect employees from being terminated due to a medical condition, whose disabilities can be reasonably accommodated by the employer. The onus is on the employee to request accommodation and therefore, usually requires the employee to disclose the details of their condition and their limitations. Employers CAN legally let an employee go, if they can prove that to accommodate the disabled employee would cause an undue hardship to the company.
MCBCON, since your condition is now becoming more apparent at work due its effect on your performance, it sounds like you probably are going to need to disclose something about it. The alternative may be to be terminated for poor performance. If you do decide to disclose, just ensure you are very clear on your rights and responsibilities, as well as those of your employer.
Good luck and let us know how things go.
db1
As to your question then...I don't know! I was working for a company and had been their 6 months less 2 days and they denied my insurance. Then again, this was the company that KNEW I had MS from the beginning, seemed to accept it but then when I was diagnosed with Paratrigeminal Neuralgia and needed a few weeks off...they ASKED for my resignation!!!
I did give it to them under duress that Friday but after speaking to my hubby's union prez I rescinded it on Monday as it was ilicited under duress and according to law, they CAN'T do that due to a medical condition. It ended up that I went on government employment insurance for the 15 weeks you are alloted to for sick leave and then after all the fighting I had to do with their insurance company to find out I wasn't covered due to being 2 days short of 6 months...I had enough and resigned.
So that is my story and I just don't know what you should do...short of calling your government agency that deals with employment law...I think that is what you should do...give em a call and just see what they think. Whatever you do, don't think that your employer is going to do you any favors regardless of how much you think they like you...you HAVE to cover thine own backside! Best of Luck honey!
Rena
I did give it to them under duress that Friday but after speaking to my hubby's union prez I rescinded it on Monday as it was ilicited under duress and according to law, they CAN'T do that due to a medical condition. It ended up that I went on government employment insurance for the 15 weeks you are alloted to for sick leave and then after all the fighting I had to do with their insurance company to find out I wasn't covered due to being 2 days short of 6 months...I had enough and resigned.
So that is my story and I just don't know what you should do...short of calling your government agency that deals with employment law...I think that is what you should do...give em a call and just see what they think. Whatever you do, don't think that your employer is going to do you any favors regardless of how much you think they like you...you HAVE to cover thine own backside! Best of Luck honey!
Rena
The company could no longer afford diability insurance.
And yes, it was a pre existing condition.
I had my own compqny until qfter I was diagnosed with MS. I had to let it go qs I could not hqndle it qny more.
And yes, it was a pre existing condition.
I had my own compqny until qfter I was diagnosed with MS. I had to let it go qs I could not hqndle it qny more.
If I had been covered under my past employers long term disability insurance because I had been working for the companylong enough (according to them I was about 2 days short) you would have to consider whether the problems you are having are considered a pre-existing condition in which case you would not be covered. Were you diagnosed prior to commencing working with this company? If so you should be covered if you have all of the pertinent documentation.
Regardless, you should look into this a.s.a.p. with the powers that be...I am in Canada so I don't know about the States but here they cannot lawfully let you go from your employment due to a medical condition and here it is a pretty sticky law.
Let us know what you find out ok?
Rena (with the husband she is keeping tee hee)
Regardless, you should look into this a.s.a.p. with the powers that be...I am in Canada so I don't know about the States but here they cannot lawfully let you go from your employment due to a medical condition and here it is a pretty sticky law.
Let us know what you find out ok?
Rena (with the husband she is keeping tee hee)
Me, too! He's just McBacon, unfortunately to me! I'm so sorry if that offends you! I think it's kinda cute.
Another resource may be your local MS Society. I know there's an active one here in Michigan.
Good luck!
Zilla*
Another resource may be your local MS Society. I know there's an active one here in Michigan.
Good luck!
Zilla*
Just before I read your response I sent a request to a JAN consultant.
I do work for q contracting compqny. I is q smqll compqny with less than 15 employees.
see: http://www.jan.wvu.edu/JANonDemand.htm
I do work for q contracting compqny. I is q smqll compqny with less than 15 employees.
see: http://www.jan.wvu.edu/JANonDemand.htm
In my head I pronounce that "McBacon". Are you an independent contractor? If so, I don't think you're protected under ADA as far as employment provisions go, but that's just my own interpretation. The parts about public access apply to everybody.
If you are working for an employment agency, like Accountemps or Prostaff you are protected in your employment relationship to the agency, and that might carry over to the client where you are assigned.
Here is a phone number for the ADA Information Line 800-514-0301 (voice). We'll all be interested in what you find out. I've done some work recently as an independent accounting contractor and might again in the future. Good luck.
Holly
If you are working for an employment agency, like Accountemps or Prostaff you are protected in your employment relationship to the agency, and that might carry over to the client where you are assigned.
Here is a phone number for the ADA Information Line 800-514-0301 (voice). We'll all be interested in what you find out. I've done some work recently as an independent accounting contractor and might again in the future. Good luck.
Holly
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