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-------- Original Message -------- Subject: Re: LTD Date: Mon, 05 Apr 1999 11:35:02 -0500 From: "Charles T. Meyer, M.D." <[log in to unmask]> To: Karen deGraaf <[log in to unmask]> References: <v03130301b32e8273779b@[205.243.47.50]> Karen, It sounds as though you've got a ADA Case and should consult with a lawyer who specializes in Disability cases. I don't know for sure with LTD contracts- it probably varies depending on the company but certainly with Worker's Comp cases the cost of the premiums increases depending on the number of claims. With the Americans with Disabilities act the are REQUIRED to make accommodation for your disability. It is quite common for companies that are facing potential claims to suddenly discover that they don't have need for the position so as not to need to make accommodations. I would guess that the fact that you don't have a clear job description might actually work in your favor since a good lawyer night be able to say that since they didn't define the job well then you can do other things that don't require the cognitive speed that you require. Do you have anything in writing that indicates what and when you told them? Do you have anything in your initial employment packet regarding LTD Benefits. Are you a member of a Union or other collective bargaining group. This one certainly sounds really suspect that your PD is playing a major role in your being laid off and I would involve a lawyer with experience in ADA discrimination cases immediately. He might be able to head off a confrontation and keep you out of court or help you gather evidence now that will be useful if you do have to take it to court. Good luck and please keep me informed about ho it is going. Charlie Karen deGraaf wrote: > Thanks for the questions: > 1. Yes, I told them about my PD a year ago when I was diagnosed. > 2. I am not that symptomatic to the normal eye. I know I have limitations > but it is not obvious ...in fact I TOLD them if it was obvious, they could > ask me to resign, if it affected my work. My main concern is `1. the > stress that some situations put me in and 2. the mental slowness that I > have and when I am under stress, the agility is usually nil, plus the lack > of coordination and tremors that accompany that. > 3. It was the end of Fiscal Year and they said the budget did not include > me. I knew it was coming in that sense. I sensed the "lack of work" for > about a year....not assigning me to duties that commit lots of time. Yes, > I was told there were other persons in the layoffs but I don't know that > for sure. > 4. I was never given a brochure EVER, even after asking for one for the 2 > years I was with the organization. I was especially concerned when my PD > was diagnosed for the definition of disability for LTD insurance, but even > with gentle proding, I was never given a brochure. Heck, I NEVER even had > a job description. Nor did they check my references at time of hire or > after. ANYWAY, they don't put much in writing, not accountable that way, > right? > 5. NO brochure so I don't know the LTD Insurance company. KY is my > state of employment. > 6. Did my PD play a part in the layoff...yup, no assignment for me > regarding job duties; > in fact, even memos I sent to tell them of my ideas for "niches" for me > were ignored. > > Any ideas? > > Have not addressed this to the group listser members. If you think it > bears communication feel free to attach it to you answers or comments. > THANKS AGAIN! > > ~~~~~~~~~~~~~~~~Karen deGraaf > > ~~~~~~~~~~~~~~~~~~~~~~~email: [log in to unmask] -- ****************************************************************************************** Charles T. Meyer, M.D. Middleton (Madison), Wisconsin [log in to unmask] ******************************************************************************************