Workplace Harassment
First, a bit of backstory: I've been working at my current job for a year this October. The job is a call center that dispatches emergency services for burglary and fire alarm systems. Around January 2020, I asked my manager at the time if I could move to part-time due to my various medical issues, but I was obliquely denied (they told me that it was rare for people to get part-time shifts, but not unheard of, and that I should bring it up to the next manager, as she was in the midst of promoting to a new position).
Since before the Coronavirus pandemic, I was trying to get medication for my issues, and my general practitioner's prognosis was that I have High-Functioning ASD, PTSD, Generalized Anxiety Disorder, and Psychogenic Non-Epileptic Seizures (PNES). Once I had the documentation from my doctor, I once again pursued part-time work, 6 months after I originally asked for it.
This time, after I submitted my medical information, I was allowed to move to a 4.5 hour shift, though my manager was blatantly unhappy with it, telling me "The only other times we have allowed this, it was for medical reasons, and we expected the employees to work towards being able to work full-time again". They did not tell me directly whether I would be expected to somehow 'fix' my issues, but it was implied.
However, the part-time work came too late to help, and I still ended up missing a lot of work. I originally worked first shift, but for part-time I was moved to third shift, which meant new supervisors and a new manager. They told me to stop calling out and missing work, so I tried to make it in every day, even if I had to leave early due to stress-related illness (when I get too stressed, I vomit, my skin starts to burn, and I tend to get cold-like symptoms).
They directly told me that calling out of work early is exactly the same as missing work entirely, and that, in there eyes, my attendance was getting worse. I tried to explain to my new manager that my medical issues were the cause of my missing work, and even had a seizure occur at work a few times, but I was ignored. Finally, about a month ago, I was given a written warning about missing work and was put on 'probation', so if I miss more work, I could be fired.
I directly told my manager that I would definitely be missing work, and when I explained that it was due to my medical issues and I could thus not give her definite dates, she suggested that I contact HR about it and gave me probation anyways. So I sent a message to HR asking for help and explaining that I consider this to be workplace harassment. After a week, I sent a second message, this time with my parents' advise to ask for a phone number to call HR directly, and threatened legal actions if they didn't respond.
That was a week ago, and I have had no response from either emails, and speaking to other employees, it seems that HR is infamous for ignoring employees. I feel like my only option left is to file a lawsuit for workplace harassment. My third-shift manager was completely ignorant of my medical issues, and even forgot that I was working part-time on multiple occasions, as though the company has zero records of my previous issues.
I don't know if this is enough to make a case, though, and I barely break even with paying my rent and utilities, so I can't afford anything. Do any of you have any advice for me?
envirozentinel
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HR is supposed to be more helpful - that's their job!
I am not from US but would suggest you contact your local social support services (local AS support organization or similar). Or have a chat with a therapist or medical professional. They might in any event be able to prescribe suitable medication to reduce your anxiety.
Legal advice always costs money but if you could get your issues raised for free that would be a great help. I've found in life that with the exception of government positions, companies see illness as a weakness and have no patience with employees who need time off for their medical or other personal issues. This entire attitude is wrong - employee happiness should be high on their agenda but isn't. They seem to want automatons who are constantly at their posts except for the occasional oil change...
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Thanks for replying, I should mention that pursuing any form of medical help is currently impossible. Once I was moved to part-time, I lost all employee benefits, which includes health insurance. Of course, I applied for Medicaid immediately, but since I was working full-time for half a year leading up to my new shift, the only rate they offered me was $400 a month, and I make only $1100 total, and as I said, I barely break even with that. So I cannot apply for Medicaid at a decent rate until January, when my year-to-date pay will be essentially $0. If I fall ill before January, I'm essentially dead.
I also asked HR for assistance with this, perhaps to point me in the direction of an alternative health insurance, but they've been less than helpful with anything lately.
envirozentinel
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Do you not qualify for any free medical services at all? In my country I would qualify as I only work part time as needed and I was diagnosed officially which qualified me to get a monthly social grant. That's because working as an employee in the private sector has proved almost impossible for me to keep up.
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In the US, medical services are privatized. Hospitals are basically corporations, selling medical services, while drug companies actively promote prescription drugs on televised ads, which is something that only occurs within the US. Medicaid, which is a federal program that gives less fortunate patients access to 'affordable' medical insurance, is the only service that exists. Without insurance, people cannot afford medical care.
As for the official diagnosis, I have tried multiple times to pursue that, but it's very difficult. Most doctors refuse to even discuss it, instead focusing on my PTSD and seizures. The farthest I got when I pestered my GP into giving me an appointment to see a mental health professional, but said professional stated that they only helped people with mental illnesses and drug abuse problems, and refused to see me. As such, I have been unable to get any Disability Income.
envirozentinel
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I think they're behaving wrongly and unprofessionally by not wanting to discuss it.
I didn't realize they went as far as to have televised ads for prescription drugs! We only have ads for the competitive over the counter medications such as headache tablets or vitamins.
I'm sorry HR isn't being the employee support they're supposed to be.
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Just something I have to figure out, I guess. The company is also shady in many ways, such as pouring hundreds of thousands of dollars into remodeling without improving the lives of their employees. They have a state-of-the-art facility with soundproofed ceiling tiles, giant televisions playing constant news feeds from several channels, a small grocery store in the break room, a huge room with couches and a fireplace for employees to relax, and completely automated bathrooms. They even have a door that reads your face or palm to identify you.
They often have prospective clients walk through and look at the place, and when I was given a tour on my first day, I was thrilled. This is literally the only reason they did it. Everything else is cutting corners wherever possible. The monitors are lopsided and miss pixels. The phones themselves are ancient, 80's level tech (they claimed that they're "just easier to use than modern stuff"). All of the chairs are broken and uncomfortable, and nearly everyone has a different headset, since they just pass out whatever they happen to have on hand.
We're all expected to wear suits to work on the off-chance that a client decides to show up, but otherwise lack in professionality. There's a big screen dedicated to 'monitoring statistics', but I've come to realize that all of the stats on display are 100% made up and do not reflect what is actually seen. Got an email today about a camera crew coming in next week, and they literally told us that they were going to remove the dozens of 'Out of Order' signs and will simply email us to let us know which computers to avoid.
Also, 8 people to date have contracted the Coronavirus, and not only have they not given us names, they also denied us which shifts they were on, where they sat, or who they've been in contact with, telling us to trust them to take care of it. Also, suspiciously, all of them hadn't been to work for at least two weeks before they were 'diagnosed' which sounds suspiciously like the mandatory 14 day quarantine when you're confirmed to be in contact with another patient. So they didn't tell us until weeks after we could have been infected.
envirozentinel
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Sop it's all about appearances and looking good in front of "clients" - who are unlikely to visit the facility much, given the type of business. I''m afraid Mr Burns exists IRL as the boss in many businesses.
They are cutting many corners and many of the things you mention are surely illegal. They should also be prepared to play open cards about the persons who were infected. Maybe they didn't want to induce fear or panic but still wrong.
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(when I get too stressed, I vomit, my skin starts to burn, and I tend to get cold-like symptoms).
Ooh. This really, really explains something. I don't vomit BUT for years I was getting skin burning due to anxiety. I never knew it was connected before. As I have had anxiety on and off all of my life I didn't know I was having it if that makes sense. It is only recently I have realized this.
What you said just there is a "Lightbulb" moment.
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Sorry if this post seems harsh, I'm just trying to be helpful because I don't want to see you wasting time and money - because from what you've said I'm not sure that legal action is the way to go.
It would be too easy for your employer to say that you are not able to fulfil the job requirements.
The reason I say that is because they have already given you accommodations by reducing your work hours to part time.
If you are still unable to attend all your shifts, even after changing to part time, that is problematic for your case, as they may be able to argue that you are not fulfilling the job requirements and further accommodations would not be reasonable.
For now, I would suggest doing your best to attend your shifts and schedule medical appointments out of work time as far as you can.
And think about what is best in the long run - if you can't complete your shifts due to stress, maybe it is not the right job for you?
