May 28, 2013 at 12:51 pm #120428
sdwaParticipantMay 28, 2013 at 12:51 pmPost count: 363
Thanks, billd – that’s an interesting story. I guess I can’t say I’m surprised that it’s hard to get the law enforced. Medication doesn’t work that well for me – it did for a long time, and then it started to make me feel stressed, exhausted, tired, and I was getting headaches – sounds similar to what you experienced. Since it’s basically meth, I guess that’s not too surprising either.REPORT ABUSESeptember 9, 2013 at 5:20 pm #121604
nastyjonesMemberSeptember 9, 2013 at 5:20 pmPost count: 13
I am in the process of getting any appointment with a psychiatrist as per my family doctors instructions so my work doesn’t know I have ADD yet. I’m thinking of asking for a small accommodation at the factory I work for, once I have an official diagnosis.
I feel I need to do this officially & let the company know that ADHD is a recognized disability according to the Ontario Human Rights Commission. I don’t trust them enough to tell them without them knowing that I’ve looked into my rights.
My job consists of running several machines building small parts. There is a target number of parts required to be made each hour. With my inattentiveness, lack of focus & subsequent anxiety, I find it hard to hit the number. I’m always close mind you, usually within a few parts. But this company wrings every nickel out of every employee & when you miss the target, they want to know why.
I’d appreciate people’s thoughts.September 11, 2013 at 10:47 am #121642
mjstellyMemberSeptember 11, 2013 at 10:47 amPost count: 4
@OP: In a nutshell, I was fired. Although, technically (and I learned later, legally), they called it a “layoff”. However, I was the only one being laid off.
I’ll bypass the expository writing and give the highlights. After years of solo “layoffs”, I decided to do things differently. I told my boss that I had ADD and how it may affect my daily work at times. I also specifically told him how I actively worked to minimize the impact on my performance. It didn’t seem to register with him what I was explaining. So I dropped it.
Three months later with no detrimental incidents to speak of, out of nowhere, I was called into his boss’ office. I was dismissed with the reason that, I quote, “I wouldn’t ‘get’ it and never would.” I didn’t wait around to learn what “it” was. I knew.
Speaking to a HR acquaintance of mine a few weeks later, she informed me that that was a big mistake. Despite the ADA making discrimination a crime, companies have a multitude of methods to circumvent the lawa to rid themselves of employees that could be a potential liability. She also noted that companies aggressively pursue these means wherever possible. BTW, this HR person managed the global HR operations for a Big Three automaker. She knows what she’s talking about.
Anyway, I learned the hard way. I hope you don’t have to.REPORT ABUSESeptember 11, 2013 at 1:03 pm #121649
blackdogMemberSeptember 11, 2013 at 1:03 pmPost count: 906
Grrr…I was almost done typing my comment when I accidentally logged myself out and lost it.
I have never requested an accommodation. I didn’t know I could until I got fired the last time and started looking to see if there was anything I could do about it.
I do have a friend who has an accommodation for ADHD and Major Depressive Disorder. She works in an office and is allowed to work from home for 2 or 3 days a week when necessary and to leave her office and use her laptop to work in the cafeteria or some other location in the building, which helps her to focus. She is very hyperactive and finds it difficult to sit still in one spot all day.
It is a double edged sword. On the one hand it can help you to be more successful. On the other hand, you have to reveal details about your life that you may not want to. My friend told me that it works better with large companies because they want to avoid the possibility of negative publicity.
My advice to anyone thinking about requesting accommodation is to do it very, very carefully. Make sure it is all very formal and legal, dot all your i’s and cross all your t’s. And then be sure to keep detailed records of everything that happens in your work place after that. Any comments made by supervisors or coworkers, any change in attitude towards you, change in your hours or the type of work and responsibilities you are given. Make note of your job performance (punctuality, productivity, etc.) and that of your coworkers, for comparison. And address any issues that arise immediately, professionally and preferably with witnesses if possible.
And remember, your employer does not have to give a reason for dismissing you. If they decide to get rid of you they can do it, any time and any way they choose. It sucks but that’s the way it is.September 11, 2013 at 2:28 pm #121650
Patte RosebankParticipantSeptember 11, 2013 at 2:28 pmPost count: 1517
And remember, your employer does not have to give a reason for dismissing you. If they decide to get rid of you they can do it, any time and any way they choose. It sucks but that’s the way it is.
@Blackdog, it depends on the jurisdiction you live in.
There’s been a huge erosion of workers’ rights in the USA, especially in the Southern states.
But, in Canada, there are very clear laws protecting workers from dismissal-at-whim. And very clear anti-discrimination laws.
Any employer who discriminates against a disabled employee here, is leaving itself open to an investigation by the Human Rights Commission, and major fines if found guilty. As one of my former employers learned the hard way.
You don’t need a lawyer to file a Human Rights complaint, but you will need evidence, and you’ll have to do some of the legwork yourself. It’s time-consuming, but tremendously empowering!REPORT ABUSESeptember 11, 2013 at 3:28 pm #121651
blackdogMemberSeptember 11, 2013 at 3:28 pmPost count: 906
@Larynxa– If an employee in Ontario is terminated specifically because of one of the grounds covered by The Code and if there is sufficient evidence to prove that is the case then they can file a claim with the Tribunal.
However, in non-unionized workplaces, there is nothing to stop an employer from simply terminating an employee without cause, at their discretion. The only provision in the Employment Standards Act is that they must provide adequate notice or payment in lieu of notice. As long as they do that you have no case against them with the Labour Board.
You can hire a lawyer if you choose to peruse the matter further. Though the employer may have met the minimum requirements under the ESA, it may still be possible to force them to provide you with some sort of compensation if their actions were unfair in some way.
For example, if they allowed an employee to arrive late for their shifts for a long time without disciplinary action and gave them the impression that this behaviour was acceptable then suddenly terminated them without warning because of their lack of punctuality. (Which is what happened to me).
The Human Rights Legal Support Centre provides legal advice and representation to those who think they may have a claim under The Code.
I have not contacted them yet in my case. I was planning to but it is very hard for me to prove that there was any discrimination, even though I know there was. And I just have too many other things to deal with at the moment.REPORT ABUSESeptember 11, 2013 at 5:55 pm #121654
nastyjonesMemberSeptember 11, 2013 at 5:55 pmPost count: 13
God………now I’m not sure on disclosing this. It’s funny, you know you have a legit. malady but disclosing it might have the opposite effect from what is planned. I can lose my job by being honest????REPORT ABUSESeptember 11, 2013 at 10:57 pm #121660
blackdogMemberSeptember 11, 2013 at 10:57 pmPost count: 906
@nastyjones– Don’t be discouraged by my comments. It was not my intention to scare you. And I don’t have a lot of experience with this. I am only just learning. I didn’t even know I was “disabled” until recently.
Just proceed with caution and make sure you protect yourself by doing it right. You should start by talking it over with your doctor/therapist/psychiatrist- whoever you normally see for your ADHD and decide exactly what kind of accommodation you are going to request. You will need to be specific and it will have to work both ways.
For example, my friend’s accommodation states that she can work from home up to 3 days a week occasionally. That means that she must go into the office at least two days a week and she can’t just decide that she wants to stay home 3 days every week.
Your problem is that you have trouble meeting your quota. So you will need to decide on an amount that you can get done in a day that will be acceptable to your employer. And then you will have to keep up your end of the bargain to the best of your ability.
As @Larynxa said, it depends a lot on where you live. You need to do some research and learn the human rights laws for your area. Knowledge is power.September 12, 2013 at 3:45 pm #121685
nastyjonesMemberSeptember 12, 2013 at 3:45 pmPost count: 13
I operate 4 machines total in a day. 2 hours on each. On the one that gives me the most trouble, I make 80 parts an hour, the target is 90. I’m asking for a small accommodation i.e.- give me a little leeway, that’s all. Frankly, the pressure of not making the target is stressful & demeaning to me. Like many ADD’rs, I’m my own worst enemy.
There are 2 others that work with me that can make it up easily.REPORT ABUSESeptember 12, 2013 at 4:12 pm #121686
blackdogMemberSeptember 12, 2013 at 4:12 pmPost count: 906
@nastyjones– I know exactly how you feel. I beat myself up all the time for not meeting expectations, either other people’s or my own. Even when my coworkers would tell me it was okay I still felt like I wasn’t doing enough, wasn’t pulling my weight. Then I would get frustrated and stressed and it would just get worse.
Is being just 10 short of your quota really enough to put you at risk of losing your job? Has your employer told you that if you can’t make that extra 10 they will let you go? Or have your coworkers said anything about it?
The reason I ask these things is that I would often assume that I was going to be in trouble for not completing my work and it would turn out to be fine. Like you said, we can be our own worst enemies. Be sure that there is a problem before you try to fix it.
It seems like a very small accommodation to me that will not inconvenience anyone. So I don’t see where there should be a problem with it. But I’m not your employer. Only you can tell how they might react.
Another thing, do you belong to a union? If your factory is unionized that will help considerably. You could talk to your union rep first and ask for their help.REPORT ABUSESeptember 12, 2013 at 5:03 pm #121688
nastyjonesMemberSeptember 12, 2013 at 5:03 pmPost count: 13
My factory employs 600 people & is not unionized. I was a union member at another job for many years & am a strong union supporter. Unfortunately, the people I work with are afraid of supporting a union for the same old tired reasons. Meanwhile, our rights continue to get eroded every day & the company does what it wants.
As far as being at risk of losing my job, I have been “talked to” about bringing my numbers up. That’s usually the start of what they call “progressive discipline” ultimately resulting up to & including dismissal.
As you say, it is a small accommodation but with this company I feel I have to do it officially to protect myself.September 12, 2013 at 10:29 pm #121699
blackdogMemberSeptember 12, 2013 at 10:29 pmPost count: 906
@nastyjones– I think you’re right. If they have already talked to you about it then you should take steps to protect yourself. Once it is done officially, you should be alright. Just be sure to keep written records of everything.
If you have a good relationship with your coworkers then maybe you could talk to them too after you get your accommodation. Let them know the reason you aren’t making your quota and that you appreciate their help in picking up those last few that you didn’t finish. That way there won’t be any resentment because you’re being allowed to do less than they are. Just a suggestion. 🙂REPORT ABUSESeptember 13, 2013 at 1:22 pm #121751
nastyjonesMemberSeptember 13, 2013 at 1:22 pmPost count: 13
Talking to my coworkers is a great idea blackdog.REPORT ABUSESeptember 13, 2013 at 1:46 pm #121754
blackdogMemberSeptember 13, 2013 at 1:46 pmPost count: 906
Huh. Imagine that. And I thunk it up all by myself. This calls for a celebration. I don’t get good ideas every day, and seldom have great ones. 🙂REPORT ABUSESeptember 15, 2013 at 8:12 pm #121823
dithlParticipantSeptember 15, 2013 at 8:12 pmPost count: 158
I haven’t yet asked for formal accommodations at work, though I did disclose to my supervisor when I had to undergo performance review, and in general that worked out. But I’m in education, and though there are lots of negative examples, we are *supposed* to know how to deal with different needs. @ADDled, I hope you don’t mind me piggybacking on your original question, but I have a question for the hive-mind.
For work, I’m up shortly after 5 am each weekday, and home at the earliest at 5 pm. Really trying to stick to a good bed-time (before 9:00, so I better hurry up typing here!) in order to prevent brain fog and stumbling over words and all those other lovely sleep-deficit charmers.
There is a professional course coming up. I have to sign up within 3 days, and it’s a chunk of money. Lots of advantages to taking it — improve my practice, increase my pay, and greater chance of staying with this particular job long-term.
Problem is, it’s once a week from 5:30 — 9:30 pm, plus a few Saturdays thrown in, until the beginning of December.
I really want to take this course, but I don’t know if that’s just setting myself up for trouble. I don’t know if I can hack those hours. I could ask for accommodation from the course provider, as in leaving earlier and making up the hours somehow, or I could possibly talk to my boss about a later start the mornings after the course.
This is one of those moments when I remember that this ADD thing is for real and it makes me different from other people. And suddenly I would rather it wasn’t for real 🙁 If I do this, I either try to suck it up, which isn’t healthy for me and people around me, or I have to be prepared to be a weird pain in the ass to get accommodations. Talking about chickens is a much more fun aspect of ADD. (Insert whiny voice here.)
3rd alternative is to wait all the way to July of next year for another course offering, which would mean a much more relaxed pace, as I would be off work.
I am actually not sure what my question is…just inviting comments and ideas, I guess. Or someone just decide for me 😀
Better toddle off, glad you guys are here.REPORT ABUSE
Have you ever asked for accommodation at work for ADHD? What happened?ADDled2010-01-28T00:46:45+00:00
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