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Old 11-05-2011, 04:22 PM
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catra121 catra121 is offline
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Join Date: Jan 2010
Location: Illinois
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catra121 catra121 is offline
Senior Member
catra121's Avatar
 
Join Date: Jan 2010
Location: Illinois
Posts: 1,785
10 yr Member
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Well...here's my opinion for what it's worth.

If you feel that you can do your essential job functions (even if you need reasonable accomodations to do so) then keep working. When you see the doctor, ask for a note releasing you to work (along with any accomodations you may need) and take that to your boss. They cannot prevent you from working if you can do your job. For them to do otherwise would be disability harrassment and you could take legal action against them for disability harrassment much as you would for (as an example) sexual harrassment. Be assertive and simply assure them at work that you can perform your job and wish to do so. Don't make any threats or anything, but know what your rights are. If you suspect that you are being harrassed or singled out for your disability then report that to HR and if that gets no result then contact the EEOC/ADA and file a complaint. But this should be a last resort...hopefully they are smart enough to know that if you have a note from your doctor releasing you to work that they cannot MAKE you go on disability. You could also possibly report them to the department of labor and if they are the ones who do not want you to work when you are willing and able and obtain your paychecks that way.

I do not recommend going on disability unless you really can't work. Even if you are just trying to do what your boss tells you, it could be considered that you are making a fraudulent claim if you think you can work. Better to put them in a position where if they don't want you to work then they suffer the consequences of their actions...don't let them put you in a shady situation that could end up biting you in the behind. Just be honest with your doctor, your employer, and yourself and you will be okay. Don't let anyone push you around.

All that said...if you can't actually do the essential job functions of your job even with accomodations then you should go on disability until you improve enough to return. Just make sure, in that case, that you file all the correct paperwork for leaves of absence and protect your job while you are healing.

But if you really believe you can do the essential job functions then go back to work. Force them to make the decision if they don't want you there and then follow up appropriately based on what happens. But if you just want to work and do your job, make that clear to your boss. Don't make threats or create the tense working environment yourself. It is possible that they are just trying to be helpful and feel bad that you are suffering...there are compassionate people out there who might try to do that. But be aware of your rights so that you can respond appropriately if this is not the case.
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"Thanks for this!" says:
AintSoBad (11-05-2011)