New job and possible disability issue, opinions needed!

[Eeyoreisntsad]

(Long time poster using alias for obvious reasons....)

Six months ago I had a serious accident that led to four months of recuperation at home (mostly recliner bound). Although I've been slightly more mobile since Easter, complete recovery could take up to a year. I have balance, strength, pain, and endurance issues that I do not allow to affect my job performance.

I interviewed for a professional position in my field in mid April. I was completely honest with the interview committee and then with my boss's boss when offered the job. We can call him "D". He was extremely sympathetic and gave me extra healing time, with my start date this past Monday.

All week my new boss "A" asked me questions about my physical condition that made me extremely uncomfortable, such as, "Before this happened how active and fit were you", "How soon aren't you going to need to use that cane and walk faster?", "Why did it take you so long to get back?" (from benefits meeting that ran 20 minutes late, then the elevator and handicapped entrance were a little confusing). This goes on and on.

I am doing very well at learning my new duties, and can do everything, just seemingly not as fast as she would like. In the three page job description there is nothing that I'm not doing. I have offered her a doctor's note documenting what accomodations I need in his professional opinion, but she has refused it.

I have been documenting every encounter with her of this type (once or twice a day blatantly in these first five days). I have been polite to her when she brings these up, but do not discuss it except how it affects my ability to do my job at this point in time. I am being affected by it, though, and feel very uncomfortable.

Do I just put up and shut up? Ask for a meeting with them both? Go to h.r.? Consult with my state's disability department? (I do have a Dr appointment Monday and am going to ask his opinion.)

I am so glad to be back to work, except for this.....

TIA

 

[mousehockey37]

HR's a good place to start.

 

[2disneywego]

No advice, I'm sorry. I had a rotten situation years ago, it's awful.
I was lucky, upper management was stupid and left a big paper trail which led to the original settlement offer being tripled.
I guess I do have some advice, document absolutely everthing. CC as many people as you can in emails.

Good luck!!!!

 

[jaminmd]

Look at the US Dept of Labor's web site in regards to reasonable accommodations for disabilities. It's very helpful.

 

[Nancyg56]

Oh boy, I have no advice, but what a lousy thing to do to you! This company hired you knowing ahead that you had some limitations, and agreed to them. And then reneged on their commitment. I find it shameful.

 

[anniemae]

Oh my goodness how frustrating. Since you are going to the Dr. anyway, the first thing I would is get documentation. I know your boss said she did not want it, but I think it would be wise to have it anyway just to cover yourself. I would give the documentation to HR and have a chat with them about your condition.

OP, what is your job? I take it that there is a physical aspect to it?

 

[momz]

Is your disability permanent or temporary? Have you provided HR with the paperwork from your doctor regarding the accommodations that are necessary?

Disabled people have rights of protection against discrimination, employers have the responsibility to provide "reasonable" accommodations (whatever that means). But the disabled person has the responsibility to communicate those needs to the employer.

If you have not filed the paperwork with HR, then your boss knows nothing about your disability. He/she may simply be trying to glean that information from you.

Also, the paperwork from your doctor should go directly to HR, not to your boss.

You mention that you walk with a cane. That is a visible disability. Many disabilities are not visible to others.

 

[Eeyoreisntsad]

Look at the US Dept of Labor's web site in regards to reasonable accommodations for disabilities. It's very helpful.

That's next on my list, thank you for the suggestion.

OP, what is your job? I take it that there is a physical aspect to it?

I would prefer not to be too specific, but it's an "office" position (part desk work, part student contact) for a major university. I have been in this field for decades, but this boss specifically wants me to be able to stand in one place for extended periods of time, and not only walk, but walk very quickly.

Is your disability permanent or temporary? Have you provided HR with the paperwork from your doctor regarding the accommodations that are necessary?

Disabled people have rights of protection against discrimination, employers have the responsibility to provide "reasonable" accommodations (whatever that means). But the disabled person has the responsibility to communicate those needs to the employer.

If you have not filed the paperwork with HR, then your boss knows nothing about your disability. He/she may simply be trying to glean that information from you.

Also, the paperwork from your doctor should go directly to HR, not to your boss.

You mention that you walk with a cane. That is a visible disability. Many disabilities are not visible to others.

I'm praying that it's "temporary", but it is unknown at this point how completely back to "normal" I will ever be. I will be taking HR my paperwork from the doctor on Monday after seeing him. Both bosses know all details of my accident, the injury, what point I was at in the healing process during the interview, and what point I'm at now. I did not want to be hired under false pretenses.

Basically, I had a severe foot injury, interviewed while non-weight bearing from a knee scooter, and transitioned since April from crutches to walker to cane The bones are healed, but I still have muscle, tendon, ligament damage, the full extent of which is still yet to be determined.

I really appreciate knowing the h.r. process, and will involve them ASAP.

Thank you all for taking the time to respond.

 

[CarolAnn856]

Was your boss there for the interviews? Sorry for asking for my confusion, but your initial post made it sound like she was not, but in your last post it seems like she was.

If she was present, you definitely have an issue to deal with, since she was aware of your limitations before you were hired. If she was not present, then it could be that she simply doesn't know what is going on and needs to be filled in. Either way, as others have said, it is HR that needs your paperwork.

 

[Eeyoreisntsad]

Was your boss there for the interviews? Sorry for asking for my confusion, but your initial post made it sound like she was not, but in your last post it seems like she was.

If she was present, you definitely have an issue to deal with, since she was aware of your limitations before you were hired. If she was not present, then it could be that she simply doesn't know what is going on and needs to be filled in. Either way, as others have said, it is HR that needs your paperwork.

Yes, although since it was a committee, I don't know if she voted for me. Everyone else in the department who was on the committee has been very kind about coming up and saying how glad they are that I took the position.

 

[Southernmiss]

If this is surfaced after just one week, it sounds like they may be "one of those" bosses. A note from your doctor, talking to HR and documenting everything sound like a good idea.

 

[CarolAnn856]

Yes, although since it was a committee, I don't know if she voted for me. Everyone else in the department who was on the committee has been very kind about coming up and saying how glad they are that I took the position.

Then you definitely have a problem on your hands. Hopefully working with HR will resolve the issue, although I would be prepared for a difficult relationship with your boss. She certainly doesn't seem to be of the understanding type. Best of luck to you.

 

[anniemae]

Okay, so she wants you to stand for long periods and walk quickly. Like I said, get a note from your dr. detailing your condition. Get it to HR asap. Have a meeting with HR to let them know your struggles with your boss's understanding (or lack thereof) of your disability.

 

[The Mystery Machine]

As PP's stated get your paperwork into HR. You also have a responsibility to communicate to your boss your issues. Keep at it, making sure she understands your needs, that is important. Try to get it "in writing" as well.

If after a reasonable time she refuses you, then you can file a complaint with the EEOC.

https://www.eeoc.gov/

 

[gotomu212]

Just a different perspective (and tone makes a big difference) but is it possible that she's just making conversation and trying to get to know you and your constraints- although maybe not asking tactfully? I could see asking how active you were before as conversation like this must be so hard for you, especially if you spent a lot of times outdoors and active before. Or, asking why it took so long as a really blunt way of asking what happened (did meeting run long?, is it hard for you to navigate? Did you get lost and need some quick help with directions?- not accusatory).

Before going to HR I would ask for a meeting with your boss to discuss how you've been doing and tell her you feel you're catching on and settling in but you want to know her thoughts on your performance. That will tell you if you have something about your disability protections to take to HR. Otherwise it's just "my boss makes me feel like she has an issue with me and makes me feel uncomfortable" and HR hates that kind of complaint because there's not much you can do with it (and REMEMBER HRs JOB IS TO PROTECT THE COMPANY- they are not an employee advocate).

 

[DisneyOma]

(Long time poster using alias for obvious reasons....)

Six months ago I had a serious accident that led to four months of recuperation at home (mostly recliner bound). Although I've been slightly more mobile since Easter, complete recovery could take up to a year. I have balance, strength, pain, and endurance issues that I do not allow to affect my job performance.

I interviewed for a professional position in my field in mid April. I was completely honest with the interview committee and then with my boss's boss when offered the job. We can call him "D". He was extremely sympathetic and gave me extra healing time, with my start date this past Monday.

All week my new boss "A" asked me questions about my physical condition that made me extremely uncomfortable, such as, "Before this happened how active and fit were you", "How soon aren't you going to need to use that cane and walk faster?", "Why did it take you so long to get back?" (from benefits meeting that ran 20 minutes late, then the elevator and handicapped entrance were a little confusing). This goes on and on.

I am doing very well at learning my new duties, and can do everything, just seemingly not as fast as she would like. In the three page job description there is nothing that I'm not doing. I have offered her a doctor's note documenting what accomodations I need in his professional opinion, but she has refused it.

I have been documenting every encounter with her of this type (once or twice a day blatantly in these first five days). I have been polite to her when she brings these up, but do not discuss it except how it affects my ability to do my job at this point in time. I am being affected by it, though, and feel very uncomfortable.

Do I just put up and shut up? Ask for a meeting with them both? Go to h.r.? Consult with my state's disability department? (I do have a Dr appointment Monday and am going to ask his opinion.)

I am so glad to be back to work, except for this.....

TIA

I've never seen any disability regulations that say a boss cannot ask questions about your abilities because it makes you uncomfortable. Asking when you think you will be able to do this or that is part of the boss's job. Someone else may be carrying that weight right now - and that person should be compensated for it. Scheduling could be affected as well. It's pretty much tough luck that you feel uncomfortable about the questions, because if they correspond to your duties on your job of course they get to ask those questions!

Yes, get your doctor's documentation to HR ASAP. Also, if you were hired because you told them your disability was temporary, and it turns out it is not, you could be in for a cut in pay for not being able to do all the duties you were hired to do. I don't think they can fire you, unless the duties are a large part of the job description.

 

[diznygirl]

Feel free to answer her question with a question of your own, "Is there an issue with my current job performance?" If, as you say, you are performing all tasks then this is her chance to tell you she's happy and just making small talk, or that she has concerns.

Keep on keeping on! It's not easy to get back from an injury with such a long recovery especially with the added stress this lady is giving you. I hope it's just a misunderstanding.

 

[Eeyoreisntsad]

Thank you all for your thoughtful replies. I saw the ortho dr today, and he said what I thought he would, basically that there is no new "injury" just more healing that needs to occur in the tendons and ligaments, so more p/t, ice, elevation, etc. He gladly wrote up a work note specifying exactly what accommodations he felt that I need. They do not stop me from doing my assigned tasks, just alter them (basically sitting when possible rather than standing long periods, and using cane for walking, and elevator instead of stairs).

I got the form from h.r. that I fill out, attach the dr's note, give to my boss tomorrow, and then she has ten days to decide what she wants to do. If she decides not to grant me the doctor recommended accommodations, I can appeal it higher up the ladder. I KNOW she's probably not going to be happy, but I'm following protocol, documenting, doing my job to the best of ability, and that's the best I can do.

Thank you ALL. Believe me, I want to succeed, and be a member of this team.