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----- Original Message -----
From: Pam Shapley
Sent: Friday, April 27, 2001 5:55 PM
To: [log in to unmask]
Subject: Re: ability to do your job


Rees,

Thank you so much for your in put.  I am in a dilemma about what to do.  Yes I do have long term disablility insurance.  I have been using my short term insurance because of my broken foot.When I accepted the job I knew I had Parkinson's but did not reveal it.  I signed a job duties form saying I was capable of perfroming the stated duties, which at the  time I was capable of doing.
I have since not hid the fact I have Parkinson''s.  I have worked for over a year with no problems. I have more than pulled my weight.  I need to work one more year.  The problem is do I fight it out for that year and then quit and try to get on S.S. disability?  Or do I stay out on disability insurance for a problem not related to my Parkinson's and try at the same time to file for S.S.

I understand you are not an expert on employees rights.  I guess I am using you as a sounding board to help sort out my thoughts.  And by the way the major grocery chain is Wal-Mart and yes they have a whole battery of lawyers to deal with just this sort  of things.

Thanks again,

Pam                                                                                                                                                    --- Original Message -----
From: [log in to unmask]
Sent: Friday, April 27, 2001 8:01 PM
To: [log in to unmask]
Subject: ability to do your job


Pam,  

I'm not an expert in employees' rights, and my job (from which I'm now  
retired at age 45) was not like yours, but I was surprised to see that you  
had no "public" answers to your question.  Many others have been in your  
shoes.  I'll share what little I know.  

The Americans with Disabilities Act protects people in certain protected  
classes (i.e. those who are legally disabled) from employment discrimination.  
 It requires employers to provide REASONABLE accommodations to disabled  
employees and prospective employees.  To be protected by the law, you have to  
follow its procedure.  Your doctor can play a major role by defining what you  
can and cannot do.  That's as far as my knowledge goes.  Since your  
supervisor is already asking questions, you need to get a lawyer NOW.  There  
are certain things you do and do not have to disclose (assuming that you are  
able to do your job despite your disability).  Your answers to their  
questions are probably being written up somewhere, and they are going to use  
them to their benefit (a large chain of stores probably has an entire team of  
lawyers to advise them on how to protect themselves -- you need a lawyer to  
protect yourself).  While you are looking for a lawyer, write down a summary  
of each conversation you have had at work about your PD, and don't have any  
more until you've hired your lawyer.  If you cannot afford a lawyer, check to  
see if there is a pubic legal services agency where you live.  If there is  
one, they would probably love to take your case (assuming you qualify for  
their services).  

Sorry to sound so negative, but you are really vulnerable right now.  I can  
see your employer saying that they have to demote you because somebody with  
PD should not work where they have to handle sharp instruments, walk on  
slippery floors, and even have a lot of stress that "comes with the  
territory."  

Also, find out if you are covered by disability insurance.  Ask your lawyer  
to tell you the best way to find out.  If you have disability coverage,  
you're lucky.  If your PD progresses to the point where you cannot work, the  
insurance pays you something to live on.  Some employers buy it (all should)  
just so they don't have to make a choice between what's good for their  
business and what's good for their employees who become disabled.  

Good luck.  Let me know if I can help further.  

Rees Jenkins  
45/ 42/ 41  




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