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Controlled seizures and my job

Discussion in 'Employment, Labor, Work Issues' started by Woo pig Jeremy, Feb 3, 2020.

  1. Woo pig Jeremy

    Woo pig Jeremy Law Topic Starter New Member

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    Jurisdiction:
    Arkansas
    I am a run test operator for xxxxxxxxxxxx commercial hvac plant in xxxxxxxx arkansas. This means when a commercial rooftop heating and air package unit is built on my line, I am 1 of 3 operators that turn the unit on and test operation..limits...etc before it is shipped to the cx.
    I also have epileptic absence seizures that are treated with medication from my neurologist. My production manager removed me from the stand and put me in off line wiring because I made a simple mistake 20 minutes after I had an absence seizure. He is blaming the mistake (which has happened to everyone) on my seizure as if I am taking ambien and sleepwalking. I am told I HAVE to get permission from my neurologist to be able to work run test again. But this happened on Jan 24th and the earliest I can see my neurologist is Feb 14th. I feel like my employer doesn't understand epilepsy and is using that to discriminate against me. Please help
     
    Last edited by a moderator: Feb 3, 2020
  2. Zigner

    Zigner Well-Known Member

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    Help with what? Requesting medical clearance before returning you to what sounds like a dangerous or critical position is reasonable in my opinion.
     
    Last edited by a moderator: Feb 3, 2020
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  3. ElleMD

    ElleMD Well-Known Member

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    There isn't nearly enough information here to make a call on whether it was appropriate to pull you pending medical evaluation.

    In general the factors to consider are- if it is a safety sensitive function, the nature of the mistake was serious, how close in time the medical event was to the issue at work (happened weeks ago starts to look like an excuse to discriminate- happened 20 minutes ago looks more like legit concern), if this is a permanent demotion or just a temporary reassignment until you can get medical clearance, if there is any loss of seniority, pay, or benefits as a result (absent a medical determination that you could not safely perform the job), if it truly is a common mistake that is made regularly, if the company has a history of treating those with disabilities adversely, if this isn't the only instance of being treated differently because of the disability.
     
  4. justblue

    justblue Well-Known Member

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    You should not post identifying information. We don't need to know the name and location of your employment to advise you.
     
  5. Woo pig Jeremy

    Woo pig Jeremy Law Topic Starter New Member

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    Update...my neurologist said today that the symptoms I described was not a seizure. So my employer used my epilepsy diagnosis as a way of pushing me out of my position and immediately putting someone else in my place with no just cause. Where do I go from here?
     
  6. Zigner

    Zigner Well-Known Member

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    You get your neurologist to write a note saying you are fit to return to work...that's a no-brainer.
     
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  7. Zigner

    Zigner Well-Known Member

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    Just to be clear here: Did your neurologist actually examine you in person, or did you simply speak/email with him/her?
     
  8. Woo pig Jeremy

    Woo pig Jeremy Law Topic Starter New Member

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    I called and asked if he could clear me to go back to runtest and he said per liability I have to be seizure free for a year. It has been 6 months. But he did type me a letter stating that on the 24th I did not have a seizure. I'm in a poor position where I had been in the job for almost a year and my employer knew I have epilepsy seizures from the jump. I had 2 within a month on the job until doc got my meds right. The production manager probably knew my doc wouldn't clear me so I'm kinda screwed out with no recourse.
     
  9. Zigner

    Zigner Well-Known Member

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    Are you receiving the same pay?
     
  10. Woo pig Jeremy

    Woo pig Jeremy Law Topic Starter New Member

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    Yes. But I don't think they honor that for 6 months.
     
  11. Zigner

    Zigner Well-Known Member

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    Is there something specifically that makes you think that?
     
  12. army judge

    army judge Super Moderator

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    There are times in this life we live where all we can do is take comfort and solace, and give thanks, that no matter what vexes or troubles us; we are still among the living.

    As long as we are alive the possibility exists for us to thrive and improve our lot in life.

    This morning thousands of people didn't awake to stay in the fight.

    You can't win if you don't remain in the fight.

    Therefore each of us should endeavor to improve our lot in life each and every day.

    Don't give up, never give up, staying in the fight is the only way to overcome what plagues you.
     
  13. ElleMD

    ElleMD Well-Known Member

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    If your doctor won't clear you and you have had seizures on the job that isn't the employer's fault. If the only way it was known whatever happened on the 24th wasn't a seizure was after consulting a neurologist, your employer couldn't be expected to know that. They are not neurologists.
     
  14. Zigner

    Zigner Well-Known Member

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    I would like to know how the neurologist was able to come to the conclusion that no seizure occurred without a physical examination and/or testing.
     
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  15. army judge

    army judge Super Moderator

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    Sorcery?

    Witchcraft?

    Wizardry?
     
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