Another job, another major depression...same old story!

[shutterbug]

Yep, i didn't think it'd happen with this newspaper i've been with now for over 2 years. I didn't think they'd ever start harrassing me for nonsense stuff because of me being sick and trying to heal and keep my job.

But, they arn't as educated or understanding as i'd thought and hoped.

I've been officially reprimanded for 4 things that shouldn't be big deals and that i believe to be covered under the Americans with Disability Act (ADA).

2 of them i'm nearly positive are violations of the law against me:

1. I called in sick Tuesday (having no earned leave left).

This is soooo rediculous to me!! I had to use all my official paid leave while i was on disability leave and in the hospital for a month and day treatment for a month before that. So even tho I NEVER call in sick the day of....because i always push myself through the tortorous hell i often wake up with!! But Tuesday, i slept through my several alarms and when i tried to get up to get dressed and go to work, i found i could barely move and felt like the living dead. Just walking to the bathroom was very painful.

So, I got in trouble for not being superwoman.

3. About 3 weeks ago, I'd been able to push myself beyond how bad i felt and made it into the office. But, I went to my boss told him how bad i was feeling and asked if he could "please" only assign me the minimum assignments that needed to be done for the next day's paper.

He granted that request without saying anything about it. Now, nearly a month later....I get a reprimand for it. My opinion is that if he'd had a problem with me asking that....why didn't he say that or talk to me about it then? And if it was such a bad thing to even ask for (only ONE time) then why didn't he say no OR why didn't he tell me to just go home and take care of myself if i was that ill?

Providing flexible work hours, time off and restructuring work duities are ALL included as part of the ADA, unless doing so would cause an undue hardship to the employer. Neither of these things caused an undue hardship!!!!

So, yesterday i had suicidal thoughts on my mind. Today i did a little, but then that turned to anger and aggressive emotions.

I don't understand how after a year of working there I get a substantial raise and then after the second year (and disclosure of mental health and having to take leave to get treatment) ....all the sudden I'm no longer a valued employee and no longer respected and being treated as tho they are trying to force me to take full disability leave?

Well, they win....for now. I have no fight left in me.

I did, however, spend about 6 hours responding to each of the issues i'm being reprimanded for and why I believe them to be violations of the ADA and not in accordance with the Equal Employment Opportunity Commission.

But at the end (of what turned out to be about 12 pages of information and comments from me)....I told them I felt they were giving me no other choice than to apply for the full disability that i have been struggling against having to do. I don't understand why they seem to want me to take the full disability leave......other than they just don't want me there anymore.

I flat out asked them that too!! But of course they said they don't want me to leave or to replace me. But their actions say the opposite.

I'm mad as hell!
Jenna

[barb dwyer]

{{{Jenna}}}

I don't have any experience with your line of work,
so I can't say anything "authorative" or anything like that.

just a

lame, I know, but it's all I got.

[historyteach]

I'm sorry, Jenna...

Was it a written reprimand?
If so, you should file a complaint with the ADA.
If not, you probably have no recourse.

But, if you go out on disability, you'll have time to write that book you've been talking about too. And perhaps time for freelance work. Your creative side may be unleashed, ya know? Perhaps there is an upside....

Shalom, my friend...shalom!

[cinderellawkids]

Im sorry for the struggle of decisions Jenna.

[liveweyerd]

Oh, Jenna, I remember last time...how can you avoid putting yourself through that again?
Do you really need them?

love and hugs,
Tena

[splendra]

I am with teach I think you would do well freelancing that way you could work when you felt like it.

[shutterbug]

Teach, it was a written reprimand. I don't know how to file anything with the ADA, i thought it was just a law. Is it also an organization?

Live, no, absolutely not! I can not put myself through what i want through last time. I will jump off a building in no time. I now have the paperwork to start filing for full disability through my insurance (which was an extra benefit coverage thing i signed up for) BUT it appears that i will probably be easily denied because this is a pre-existing condition. I didn't know that when i signed up!

AND it also says that instead of being covered with my 60 % of my wages for 42 months from becoming disabled....that if it is because of a MENTAL ILLNESS that it only covers a person for 24 months!!!

But still, that would be 2 years if i'm somehow reading the pre-existing condition clause wrong or something. And i'm not complaining about being covered for 2 years!

I just don't think i'm eligible.
So that leaves little re-course.
And the only thing i can do then is wait for them to fire me (or try to make them if things get worse and they haven't yet).

If i walk out (like i've been tempted to do twice already), then i have nothing. I will not be able to make it. even moving in with sis i wouldn't be able to make it.

SPLENDRA, That sounds good and all, BUT if and when i leave them.....i also loose the roughly $12,000 in camera equipment I've been using for the past 2.5 years.

I will have NO camera!!!!!
I have NO photoshop program!!!!
I have nothing to freelance with.

Thanks all for your comments and cares,
love and hugs,
Jenna

[nandm]

(((((Jenna)))))

It sounds like you are a little more than overwhelmed with all this. So much to do and so much to take into consideration. I was thinking that you could also file for social security disability. You have to be unable to work for at least one year and it sounds like that might be the case right now. It can be a long process but it might be worth it in the end for you. Especially if the other disability would cover your for the two years. By then the social security disability should kick in with retro payments which would help you out a lot. You can find the paperwork online at the social security/disability website. It wouldn't hurt to just apply is my thought.

Take care

Judith

[hippyhippy]

I know nothing of your systems in US hun, but I just wanted you to know I am thinking of you and hope everything works out ok.
(((((jenna))))
Hippy
x

[historyteach]

Jennna,

Here's some information I found:

What can I do if I feel my employer, or a potential employer, has discriminated against me because of my disability?

The Americans with Disabilities Act (ADA) is a legal tool to fight discrimination. Any person who believes that he or she has experienced employment discrimination based on a psychiatric disability has a right to file an administrative "charge" or "complaint" with the U.S. Equal Employment Opportunity Commission (EEOC) or a State or local anti-discrimination agency. Such individuals also may file a lawsuit in court, but only after filing an administrative charge. You may also find it useful to contact:

U.S. Equal Employment Opportunity Commission
1801 L Street, NW
Washington, DC 20507
(202) 663-4900
U.S. Equal Employment Opportunity Commission (EEOC)

U.S. Department of Justice
Disability Rights Section Mailing Address
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAVE
Washington, D.C. 20530
ADA Information Line: 800-514-0301; (TDD) 800-514-0383
United States Department of Justice

Answers to Some Frequently Asked Questions About Mental Health and Mental Health Services

I'll find more later; my guests are here now for a cookout. :

Shalom!