I want disability benefits from my employer... NOW!

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Enzo2311

New member
So I have stayed quiet long enough about having CF. My employer has taken advantage of me, so now, its my turn to get what I deserve. But how do I go about doing this?

I was reading on the CFF.org website about CF in the workplace, and how employers MUST accommodate those with disabilities, IE CF.

I work a hard job. Each and everyday I go home in pain. My employer doesn't recognize my efforts and struggles. So now Im gonna make him recognize them. My employer, a nation wise grocery chain, takes advantage of me through various ways.


I just do not know how to bring up the fact that I have a legal right for accommodation. I've been employed at this place for 7 months almost.

My job?

Courtesy Clerk. I push carts, in the heat (of up to 120 degree F) and in the cold (40 degrees F), I lift heavy objects (ie. groceries, big salt bags, etc).

Breaks? My grocery store 'rewards' us with a 10 minute break every 3 and a half hours, and a lunch IF you work 8 hours. The lunch is a NON-PAID lunch, and lasts as 'long' as 30 minutes.

What accommodations can I make?

I don't know my limits and i DONT know whats too much or too little when it comes to disability accommodations. Of course, how am i going to prove that i suffer from CF? Can i give him my medication as proof (creon)?

Heres the accommodations I have in mind.

1. I get a 5 minute break, every hour, to just sit down and rest.
2. When doing go backs, I want to use the electric cart.
3. If a customer looks like they are sick, or show physical symptoms of being sick. I get to leave and have another courtesy clerk take over.
4. Limited cleaning duties. No dusting, and no aerosol based chemicals.
5. Unlimited bathroom 'breaks', whenever necessary. No questions asked.
6. I get to use the 'manager bathroom' (employees must use the customer bathroom), either allow me to possess a key, or have a manager allow me entrance to the managers office to use the managers bathroom.


In my honest opinion, its not that must. Let me explain why I believe i deserve each accommodation (I will list a number, and the number that corresponds with above will have an explanation listed):
1. My knees, wrists, and lower back are always in pain. Especially after standing for long periods of time. This is an issue documented with my doctors.
2. Go backs are typically performed at night, when its just me and 3 other employees. I want the right to do go backs on the electric cart. Walking, by then, its very painful on my knees, and allowing me to use the cart will increase efficiency as I will be able to move faster
3. This is just common sense. If i don't get this, ill talk to a lawyer. I mean, come on.
4. CFers need to be careful of this, as always mentioned by my CF doctors.
5. Another self explanatory type issue. Sometimes our managers don't allow us.
6. I suffer from anxiety. Public restaurants terrify me. I suck it up, but they truly do. I don't ever leave the stall, or perform any bowel movements if anyone is in there. This is a noted psychiatric issue I have. I take medication for anxiety.


What do you think? How should i go about this? are these reasonable accommodations? how should i bring this up with the big man in charge ?

sometimes, I'm unable to see the big man in charge, so should i type a letter instead?
 
J

Jeana_Lynn

Guest
I think I would get a letter from my doctor. It is much more formal and believable especially if your employer is unaware of your condition. Many times in the past, I have written a letter for my doctor, emailed it to him, he has read it and made adjustments, signed it and returned it to me (in order to get things done more quickly). I would recommend a brief description of CF in the letter, as well.
 

Aboveallislove

Super Moderator
Several thoughts:
First, you have a hard job for anyone and you must be exhausted and in pain by the end of the shift. This actually might be a good time for you to consider what you want to do for a living. An entry level job like this gives you experience being a good employee, showing up at time, etc. After a year, you might consider finding something less strenuous, such as working in an office supply store (staples, office max, office dep) or an electronics place (best buy, etc.), or an office setting (copy room, etc.), considering if you want to do a trade school or community college. I'd ask your social worker for a referral to a career counselor.

Re your current situation: I'm rather confused why you think your employer is taking advantage of you. My best employer in an entry level job gave 2 unpaid 15 minute breaks per 4 hours of work and an unpaid 30 minute lunch. I had a gig in a factor which had one ten minute unpaid break at lunch. this is typical; not abusive.

Re accommodations: The ADA requires reasonable accommodations so you can DO the job; not so you don't have to do the job. If you ask for so many accommodations that you aren't doing the basics of the job, they can fire you. And the employer doesn't have to give you THE accommodation you want; they have to accommodate. So they might say you can have 5 minutes breaks every hour which you can use for bathroom breaks, but that those breaks will be instead of your 15 minute break every 3-3.5 hours. Switching with another bagger makes sense and is easily done. Before you discuss with your employer, I'd recommend you contact the CFF lawyers (they are free) and they can help you think through what works and is feasible and how to go about it. I wouldn't do it yourself until you have.
 

Printer

Active member
Enzo:

I don't see why any employer wouldn't want to give you everything that you require. It is not like you would be easy to replace. Stand up for your rights and give him a copy of the ADA.

Bill
 

Gammaw

Super Moderator
Slow down Enzo. Your job is hard but if you can't do it well, even with reasonable accomodations, it's an entry level job that a hundred college students are waiting in line to get. Are you part time or full time. How many employees? Do you have an employee handbook? If so read it and see what it says. I would check with your CF Centers social work department first. Many have people who help with educational or occupational accomodations. I would absolutely NOT confront your employee before you research this out first.
And if all applies to your employer and your job, then you have to figure out what accomodations are REASONABLE, necessary and related to your disability. If you were telling me that you run out of breath doing the job a certain way then we need to see if there is a way to axcomodate your CF lungs. But telling him that hard work makes your muscles ache is not necessarily related to your CF.
As far as reasonable accomodations go, as an extreme example, if you want to be an astronaut but your lungs can't take the pressure, they don't have to ground the spaceships for you. You just can't be an astronaut. A more reasonable set of suggestions might include for example providing you with a mask if you need to sweep the cart stalls. Or maybe you would do better training as a cashier. Or a night re-stocker. Many CFERS choose not to work with the public at all because of the exposure to viruses and bacteria.
And I caution you from a practical standpoint - employers can be touchy. Be nice not demanding. Be understanding not accusatory. Your employer needs a job done which you want to do. You're looking for reasonable solutions for both of you. If you come at him screaming, you may be on the unemployment line for attitude, not disability.
Take it slowly, call your CF Center, call the Patient Advocacy group at the CFF, and be nice. You can make this work.
 
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