Job requirements changing, can I seek protection under ADA?

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Deinonychus
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06 Oct 2014, 10:34 am

I work for a medical equipment manufacturer.
Up til now, my job requirements have simply been to get to the customer, and fix their stuff, with a little admin stuff (scheduling, expense tracking, documenting service) thrown in for good measure. My annual reviews have thus far been above average.
However, now the word is that they are going to start setting sales targets for us and forced ranking is probably coming too, which means my job is suddenly in jeopardy.
Does anyone know if I can exempt myself from sales goals under ADA or at least make myself less palatable for termination by raising the AS flag?



Dantac
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06 Oct 2014, 11:09 am

Start looking for another job as quickly as you can.

When sales are forced upon non-sales dept. merely because you have contact with the customer indicate one thing: The company is in economic troubles.



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Deinonychus
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06 Oct 2014, 11:55 am

Dantac wrote:
Start looking for another job as quickly as you can.

When sales are forced upon non-sales dept. merely because you have contact with the customer indicate one thing: The company is in economic troubles.



Couldn't agree with you more. They have for the past year been desperately trying to achieve past profit goals while saddled with the Obamacare tax. Not going to happen. We're still profitable, just not as profitable as they would like, which means the parent corporation will probably sell us off soon.

I'm searching the jobs and we're trying to get a family business going, but that all takes time. The clock is ticking, I just hope it doesn't run out (again).



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06 Oct 2014, 3:06 pm

Sadly a more common tactic is to get rid of employees to alleviate the load on costs. They do that by 'finding' ways to fire people ...aka you not meeting your newly appointed sales quotas or by making their jobs miserable so they quit (meeting sales quotas plus doing your old job plus usually a third job all at once).

Either way, you'd be better off finding another, hopefully better paying job.



autismthinker21
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06 Oct 2014, 4:22 pm

you know what is stupid about a job, you have to always make sure your fighting with your boss and argue about the most stupid dumb problems within a work place. it's not even funny.


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AardvarkGoodSwimmer
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06 Oct 2014, 10:09 pm

I wish you all the best with your family business.

Please be realistic going into it. The baseline statistic is that 80% of new businesses fail, typically because of undercapitalization.

Maybe the way to go into it is to be prepared to add expenses and capacity. But get the sales first and then move on this capacity. And if you have to tell prospective clients, "We're concentrating on our current clients, and we're not accepting any new clients at this time," they'll probably eat that up. And that will be a very effective sales method without even half trying!



zer0netgain
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07 Oct 2014, 5:45 am

From a legal standpoint, the employer is free to set and change job requirements.

Your best protection is if they know you are disabled BEFORE they make any changes. Imposing changes you can't perform knowing you are disabled would likely be considered a violation of the ADA. If they impose changes NOT knowing that you have a disability, the law would favor their discretion in creating and changing job descriptions.

A lot of NT people get canned when their job gets redefined to something for which they are not suited.



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07 Oct 2014, 11:09 am

zer0netgain wrote:
From a legal standpoint, the employer is free to set and change job requirements.


This is so wrong in my opinion. I believe there are countries where if this happens the company has to receive your consent and provide a pay rate increase if you're being given more workload. However in the US the entire system is rigged to exploit the employee.



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07 Oct 2014, 5:04 pm

Get fired & then find a good lawyer who represents disables. They may settle out of court to avoid negative publicity from public & the government.


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zer0netgain
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08 Oct 2014, 5:01 am

Dantac wrote:
zer0netgain wrote:
From a legal standpoint, the employer is free to set and change job requirements.


This is so wrong in my opinion. I believe there are countries where if this happens the company has to receive your consent and provide a pay rate increase if you're being given more workload. However in the US the entire system is rigged to exploit the employee.


It may be one of perspective, but I can assure you the last thing an employer needs is to be tied down to never being able to change or retool their operation. The market changes, and employers much change with them.

If you hire someone with a disability KNOWING of their disability when you hire them, this becomes an issue when you change the nature of the workplace. If you don't now they have a disability and you find out AFTER the decision is made to retool, it's not really the employer's fault.

Nobody is promised a job for life. Lots of things can force you out the door that neither you or the boss has any control over. Adaptability is upon the individual, not society.