Problem at work - how should I handle it?

[Straitlover]

I was just wondering if you could use a headset instead of holding the phone up to your ear? Perhaps that would help?

I don't think that's the problem, it's the talking. I think I have a very mild case of TMJ (undiagnosed but based on symptoms I do), and the jaw moving up and down when talking, eating, etc, can really hurt, esp if there is nothing there cushioning the joint.

Since this was an existing condition when the co was bought out, I would just tell her no and get the note. If it's a problem for her, they I would see about getting re-assigned elsewhere. Otherwise, I think you'll end up w/ an unhappy and hostile boss. That's JMO.

 

[lecach]

Yes - its the talking, not the type of phone. Right now my jaw is sore from all the talking I have had to do this week. Hopefully we'll be able to straighten this out. I really dont want her to dislike me but my health is more important than being liked. And since they never told me this was going to be part of my job I didnt mention my health problem. I would have if they had told me. I think I am going to follow the above suggestion and just tell her on Monday that I cant do it. Its not like corporate expects me to do it. They dont even know - she waited until about an hour after our corporate people left to tell me. So she really doesnt have a leg to stand on.

 

[lecach]

Okay now I am worried. New supe called me into an empty office and closed the door. She wanted to talk to me about my limitations. She said she was concerned about when she goes on vacation. I told her that I thought I could do a week - it was just a 1/2 day every day that I thought would be a problem. She said "what if I take all 3 weeks at once?". I said that it might be a problem. She asked if I felt that the 1/2 days were going to be a problem and I said yes. She said that answering the phone is part of the job. I told her that when they told me about the job they just said that I would be covering the phones for her vacation and sick days and occasional special projects. They never mentioned the 1/2 day thing or I would have told them it was a problem. I told her that I was more than willing to take on other tasks to help her out. I asked if corporate knew about this 1/2 day thing and she said yes. And that she'll need to talk to them to find out how to handle this. Then after I left the room she went back in the office and closed the door to make a call. I am really worried. They could fire me over this couldnt they?

 

[kbkids]

I don't think the company that hired you could since they hired you knowing, but with a buyout, I don't know how that works. I would think it would be difficult because of a disability though.

 

[ahutton]

Okay, I know, I'm the insurance geek.

If something they are requiring you to do causes you to flare up an existing injury, and they have been advised of the same, this "supervisor" is causing a HUGE exporsure to the company that I am confident they do not want to out there. And retaliating against you for reporting it to the next level of supervisor causes huge problems too. You've attempted to resolve this at the first level and that was not successful. I suggest you take it to the next level.

 

[lecach]

ahutton: But could they fire me? Even though when they told me about the job they didnt tell me this requirement? Technically they never hired me. They just bought the whole company and then reassigned my position. I just dont want to go to the next level unless I have to. She's already contacting the next level anyway. I guess I could talk to the person that called to tell me about the job - she's over all of the corporate admin. But I think doing that could make life with my new supervisor difficult. Its a shame that this has happened - we were off to a great start and seemed to be getting along well. Now I just dont know......

 

[lecach]

I found out that NC is an at will (I think thats the term) state. They can fire me for any reason. Great. Nice relaxing weekend worrying about this.

 

[Am_I_There_Yet]

I feel for you. I have TMJ too, but yours sounds far worse than mine.

I would be honest with her. What good are you going to be, if you can't open your mouth?

 

[EthansMom]

I would go in on Monday and have a talk with HR. It sounds like your supervisor wants you to act as the receptionist while she gets to do whatever she wants. Tell HR your story and let them help you.

 

[DisneyTarheel]

Not trying to be picky but it's HIPPA, not Hepa laws. My husband works as a Network Engineer in large hospital and he has to take tests on this frequently. It stands for Health Insurance Portability and Accountabilty Act (Just called him)

Er, actually, its HIPAA, not HIPPA.

 

[raammartin]

Er, actually, its HIPAA, not HIPPA.

(I was just going to say the same thing )

 

[DisneyTarheel]

I found out that NC is an at will (I think thats the term) state. They can fire me for any reason. Great. Nice relaxing weekend worrying about this.

Not for *any* reason.

http://www.eeoc.gov/facts/qanda.html

http://www.usdoj.gov/crt/ada/adahom1.htm

 

[lecach]

DisneyTarheel (by the way, my DH is a UNC-CH grad): If I read that correctly then I might be okay, right? Its not like I cant do the job - just not to the extent on the phones that she would like. There is plenty of work to do without being on the switchboard - so its just a matter of distribution. What do you think? Think I am ok? I am really nervous. We've signed a contract on a new home, we've cancelled DH's medical insurance so we can all go on the new companies, we NEED my job. Thanks for posting those links - gives me a little hope.

PS all of our conference rooms at the new place are named for mascots. The biggest and nicest one is the Tarheels. The other big one is the Wolfpack. The two smaller ones are Blue Devils and Deacons. We've decided that the taproom across the complex is the Pirates conference room. We had a "meeting" there after work yesterday.

 

[DisneyTarheel]

DisneyTarheel (by the way, my DH is a UNC-CH grad): If I read that correctly then I might be okay, right? Its not like I cant do the job - just not to the extent on the phones that she would like. There is plenty of work to do without being on the switchboard - so its just a matter of distribution. What do you think? Think I am ok? I am really nervous. We've signed a contract on a new home, we've cancelled DH's medical insurance so we can all go on the new companies, we NEED my job. Thanks for posting those links - gives me a little hope.

ADA can be tricky and is very fact specific. I suspect your company takes the ADA issues seriously though, notwithstanding the reaction you appear to be getting from your supervisor. Update us next week once you have a better idea how things are going. You may end up having to be a bit more pro-active in getting the facts to the right people in your organization.

Keep your head up and be extra careful about following company rules (like not surfing the DIS on the clock ). No sense giving them independent grounds.

 

[chicagodisneyfan]

As a former HR professional, I would fire you.

As an admin, I would expect you to be able to answer phones if that is what is needed. If medically you cannot perform a part of your job - you would expect the company to change what they want you to do? The fact that you CANNOT cover the phones if someone else is on vacation for a few weeks is a problem. What if the other person has to take a medical leave or FMLA leave for a month?

Additionally because you did not bring it up during the interview/offer stage I would feel you were dishonest. When the recruiter mentioned the phone coverage, you should have mentioned that yes I am happy to pitch in when needed, but excessive phone use causes me pain.

I would much rather have known that from the onset so it could have been worked around. Instead you have the head admin running to corporate - and NONE of them are aware of your condition - to them you are probably a whiner.

 

[lecach]

But the thing is I can cover the phones at the level that they told me in the "interview". It's just the excessive 1/2 of every day that I cant do. I can easily cover an hour at a time on a regular basis. And I can manage to cover for a weeks vacation since that only occurs 2 times a year. Its just the constant 1/2 of every day that I cant do it. As soon as she first mentioned the 1/2 day thing I told her right away that I had a problem with it.

True - if she were out for an extended period I couldnt do it. But then no one could, there is too much work for one person for more than a week. They would have to get a temp for ANYONE in that situation.

 

[kbkids]

As a former HR professional, I would fire you.

As an admin, I would expect you to be able to answer phones if that is what is needed. If medically you cannot perform a part of your job - you would expect the company to change what they want you to do? The fact that you CANNOT cover the phones if someone else is on vacation for a few weeks is a problem. What if the other person has to take a medical leave or FMLA leave for a month?

Additionally because you did not bring it up during the interview/offer stage I would feel you were dishonest. When the recruiter mentioned the phone coverage, you should have mentioned that yes I am happy to pitch in when needed, but excessive phone use causes me pain.

I would much rather have known that from the onset so it could have been worked around. Instead you have the head admin running to corporate - and NONE of them are aware of your condition - to them you are probably a whiner.

I disagree. The company didn't present the job correctly. They said she was required to cover lunches, sick days, and vacations. If it's a given that vacations are twice a year, than she could reasonably infer that meant twice a year. I worked on a team of four admins several years ago. When one of us was on vacation, we all pitched in and covered for the other. However, when one of us (it was me) had to be out for six weeks for a medical issue, they hired a temp to come in and help out. It was impossible for them to cover for me for six weeks, just as the OP is stating would have to be done if the other person were out more than a week. If the company had said, "We may eventually want you to cover the phones 1/2 a day every day," then she'd be out of luck. But they didn't. They mispresented the job, if this is, in fact, what the company is wanting. Sounds to me like the other individual is simply trying to get out of having phone duty all of the time. But, again, that's the job she agreed to take.

 

[Honu]

It's hard to say what legal protections you have without knowing the details of the merger. I suggest you get a new note to HR first thing on Monday though and explain that the former employer also had this note. People get fired all the time because they did not report their disability to their employer.

I don't think you did anything wrong in not disclosing this in the merger though. The prior employer had your info and the job description you received from the new employer did clearly state the limited phone expectations. I would give them the new note though and so everything is in writing.

 

[kbkids]

It's hard to say what legal protections you have without knowing the details of the merger. I suggest you get a new note to HR first thing on Monday though and explain that the former employer also had this note. People get fired all the time because they did not report their disability to their employer.

I don't think you did anything wrong in not disclosing this in the merger though. The prior employer had your info and the job description you received from the new employer did clearly state the limited phone expectations. I would give them the new note though and so everything is in writing.

I agree completely.

 

[lecach]

Thanks everyone. You've given me some good advice. I think I might go up to her as soon as she gets there tomorrow (I work 7:30-4:30, she works 8-5) and tell her that I hope we can work things out. That I am confident I can do the job. That the only issue is the 1/2 day every day thing. And just be real upbeat and positive. I'll return and report - from home of course after work - and let you all know what happened. I'm pretty nervous but hopeful.