Can I be fired for safety or work reasons?

Fran49829 · 12-17-2004, 01:58 PM

I lost most of my hearing a month ago and am having people at work write down anything they want to say to me as I cannot understand what they are saying. So far this seems to be working alright. I did not lose my hearing at work.

There are sirens which activate when the paper machine coater (where I work) is about to start up. I cannot hear these sirens at all. There are over 1000 employees at our mill.

I am concerned that the company will get tired of writing things down for me and will fire me do to SAFETY reasons because I cannot hear the sirens.

Is there anything I should do?

Reba · 12-17-2004, 02:04 PM

This link at NAD Legal info will give you a place to start:

http://www.nad.org/site/pp.asp?c=foINKQMBF&b=137740

harleymn · 12-17-2004, 11:03 PM

Ask the co if they could wire up a light near your workstation when the siren goes off if not ask them if you could use home depot and buy those lights wired up Iam sure the co can write it off.

scottw · 01-10-2005, 11:32 PM

Or, talk to A.D.A can help you to fix it, or talk to VR and find out what went wrong that you can't hear. ADA, or VR can help you. It your choice.

Nesmuth · 01-11-2005, 12:50 AM

A lawyer can fix that plm.

Richard

Cheri · 01-11-2005, 01:08 AM

I don't know if they can fire you because of safely reasons there a possibility they might will; And they are allow to because they are watching out for your safely; so you wouldn't get killed or injury on the job.

Edit: I just re-read your post that you just recently lost your hearing a month ago.. Opps!

Kalista · 01-11-2005, 07:57 AM

Quote:

Originally Posted by Fran49829

I lost most of my hearing a month ago and am having people at work write down anything they want to say to me as I cannot understand what they are saying. So far this seems to be working alright. I did not lose my hearing at work.

There are sirens which activate when the paper machine coater (where I work) is about to start up. I cannot hear these sirens at all. There are over 1000 employees at our mill.

I am concerned that the company will get tired of writing things down for me and will fire me do to SAFETY reasons because I cannot hear the sirens.

Is there anything I should do?

Installation the light flasher when it is siren of the sound. There is no reason for your company terminated you because of your hearing loss. Obviously, they are discriminated you !!

The work of the Disability Law Center focuses on four long-range goals:

People with disabilities will be free from abuse and neglect.
People with disabilities will receive appropriate services.
People with disabilities will be free from discrimination.
People with disabilities will have equal employment opportunities.

Absolutely, you need to contact NAD (National Associate for the Deaf) legal specialist, she will referal you to a good attorney in your State.

Dennis · 01-11-2005, 11:14 AM

Quote:

Originally Posted by Fran49829

There are sirens which activate when the paper machine coater (where I work) is about to start up. I cannot hear these sirens at all.

As some people have said before, it sounds like your company should install some kind of light mechanism as well. I imagine that some other employees probably have lost their hearing after listening to sirens on a regular basis.

The first thing you need to do is to go to a supervisor and tell him/her that you are concerned about your safety and you feel that adding lights will be necessary and reasonable accomodation (do NOT say you suggest or you would like to have, that gives them an out to say we'll look into it and take forever). If your supe says no, then consult a lawyer. If your supe says okay, ask to meet with him and a person who can make it happen, i.e., a plant director. Again, anytime someone says no, consult a lawyer.

Most likely the lawyer will work with you to go up the chain appropriately to the people who WILL say "yes" and make it happen.

I am NOT a lawyer and my post is just a suggestion, not advice. You could simply go straight to an ADA lawyer and have things work from there.

Angel · 01-11-2005, 12:23 PM

I suggest you to call ADA and find out more about this, they would help you understand your rights and the ADA laws....

***VamPyroX*** · 01-11-2005, 12:58 PM

Quote:

Originally Posted by Nesmuth

A lawyer can fix that plm.

Richard

No, not a lawyer... work it out first. Don't go crying "lawsuit" without trying other things first.

ravensteve1961 · 01-11-2005, 04:12 PM

Well my theater has terminated me and they said when i get my hearing back they will rehire me.

Dennis · 01-11-2005, 05:50 PM

Quote:

Originally Posted by ravensteve1961

Well my theater has terminated me and they said when i get my hearing back they will rehire me.

Depending on how bad you want that job back (I wouldn't since it sounds like a low paying job anyhow) you should have/be consulting an employment lawyer to check your options. If they actually said that (and didn't fire you for other reasons) then you have recourse.

Dennis · 01-11-2005, 05:54 PM

Quote:

Originally Posted by VamPyroX

No, not a lawyer... work it out first. Don't go crying "lawsuit" without trying other things first.

I partially agree -- consulting a lawyer first doesn't mean that you're going to sue. It just means that someone who KNOWS the law can tell you what the company will have to do to comply with the law. None of us here KNOW the law through and through for the area she lives in.

Once you have the lawyer's advice, you can make your next step exactly in the way the law says you have to. Sometimes if you just follow the right steps, the companies have ZERO problem with it and you get what you want without going to court.

However, if the company doesn't what the law says... then, hey, you've got the bonus of a lawyer ALREADY being paid to take your case.

ravensteve1961 · 01-11-2005, 09:37 PM

They didnt fire me. My mother explain to my boss what happend. He couldnt belive it. Its company policy if you have a medical problem they have to terminate you until you get your medical problem stragten out.

***VamPyroX*** · 01-11-2005, 10:45 PM

Quote:

Originally Posted by ravensteve1961

They didnt fire me. My mother explain to my boss what happend. He couldnt belive it. Its company policy if you have a medical problem they have to terminate you until you get your medical problem stragten out.

Who says that deafness is a medical problem?

harleymn · 01-11-2005, 10:53 PM

Quote:

Originally Posted by VamPyroX

No, not a lawyer... work it out first. Don't go crying "lawsuit" without trying other things first.

I agree with you.Lets not make it hassle out of lawsiut I lways work things out first then go to plan b .Right .

ravensteve1961 · 01-11-2005, 11:34 PM

Quote:

Originally Posted by VamPyroX

Who says that deafness is a medical problem?

It is. If you lose your hearing its a medical problem.

Dennis · 01-12-2005, 10:05 AM

Quote:

Originally Posted by ravensteve1961

They didnt fire me. My mother explain to my boss what happend. He couldnt belive it. Its company policy if you have a medical problem they have to terminate you until you get your medical problem stragten out.

Firing and termination is the same thing. You end up out of a job because the company believed you were no longer suitable for the job.

Sure, any company can fire you for whatever reason they want. If they fire someone based on disability, WHICH IS A PROTECTED CLASS, it's illegal. Short term disability is still a disability which can be proven with medical tests.

ravensteve, it's either illegal, or this was before ADA became law, or you just didn't care about that job and really left on your own. I don't believe that a company would have such a blatant and clear-cut discrimination policy and get away with it, unless you and/or your parents really didn't care. Your experience, while unfortunate, is just not gonna fly in this day and age.

ravensteve1961 · 01-12-2005, 04:02 PM

Thats what they told me. When i get the implant and i can hear again then they will rehire me. I have several witnesses to back this up. If they back out their word and wont rehire me theres gonna be hell in court.

Cheri · 01-12-2005, 04:47 PM

Quote:

Originally Posted by ravensteve1961

Thats what they told me. When i get the implant and i can hear again then they will rehire me. I have several witnesses to back this up. If they back out their word and wont rehire me theres gonna be hell in court.

If that happens take your case to Judge Judy, I am sure she would have so much paient with someone like you not!

***VamPyroX*** · 01-12-2005, 06:51 PM

Quote:

Originally Posted by Cheri

If that happens take your case to Judge Judy, I am sure she would have so much paient with someone like you not!

She will bitch-slap ravensteve1961 to hell!

Dennis · 01-12-2005, 09:40 PM

Quote:

Originally Posted by ravensteve1961

Thats what they told me. When i get the implant and i can hear again then they will rehire me. I have several witnesses to back this up. If they back out their word and wont rehire me theres gonna be hell in court.

Since you don't say how long ago this was, I look forward to hearing about your future lawsuit.

scottw · 01-12-2005, 10:28 PM

I been thinking about all the job. I hope they are company, and manager will understand the ADA Law. I hope they would be in a good job.

Kalista · 01-12-2005, 10:57 PM

Quote:

Originally Posted by ravensteve1961

Thats what they told me. When i get the implant and i can hear again then they will rehire me. I have several witnesses to back this up. If they back out their word and wont rehire me theres gonna be hell in court.

why would the agency force Deaf people to get their cochlear implants. That is full of bull shit.

Would you sit next to Scott Patterson at the court? I may see you on T.V.

ravensteve1961 · 01-13-2005, 01:42 AM

Quote:

Originally Posted by Dennis

Since you don't say how long ago this was, I look forward to hearing about your future lawsuit.

Ok how long was this,,, I lost my hearing in october 3 months ago i told my boss in late november and they terminate me in early december. So i think my operation will begin in march. ITS DOCTORS who are holding this up. They think doing tests is making sure the surgery is safe. And the CI will take anywhere from 6 months to a year of training. Then once i can hear and communicate again ill walk up to my boss and say can i have my job back? and if he gives me an application and interviews me and say im not quilfied he can go to this guy.

Im sure he`ll love to hear his excuses.

Dennis · 01-13-2005, 09:39 AM

And just how old are you? And this all just happened last month?

Just how bad do you want this job? If you really want it back, go talk to the manager NOW. Get them to put in writing that by this date and time, they'll put you back to work again.

I doubt they'll just give you your job back. Chances are, they're rid of you and now they're hired someone to replace you. You need to talk to them NOW and have them guarantee you your job back in writing, not LATER.

If you wait, you probably will have to go through the hiring process again just like everyone else. They could still just say that they're not hiring right now because they've already replaced you and / or you left and they don't hire back people who left.

If you try to bring them to court after you "fix your medical problem." You'd have to prove that the policy exists, and I doubt there is any such policy. Go get your job back NOW.

ravensteve1961 · 01-14-2005, 07:58 PM

I cant do my job while im deaf. That job requires you have a walkie talkie. And ansering customers questions. Plus you must hear if the movie is loud or soft. You must report sound or picture problems to the projectionist. Reba used to work in the movie theater ask her how importaint it is to work in the theater. Like i said i have witnesses who said they have me hired back when my medical condition improves i also have backing reports from doctors how i went deaf that i can prove to the court. Plus i have backing from ADA on this one.

Dennis · 01-15-2005, 12:56 PM

Quote:

Originally Posted by ravensteve1961

12-17-2004, 01:58 PM	#1 (permalink)
Fran49829 Registered User Join Date: Dec 2004 Location: Escanaba, MI Posts: 6	Can I be fired for safety or work reasons? I lost most of my hearing a month ago and am having people at work write down anything they want to say to me as I cannot understand what they are saying. So far this seems to be working alright. I did not lose my hearing at work. There are sirens which activate when the paper machine coater (where I work) is about to start up. I cannot hear these sirens at all. There are over 1000 employees at our mill. I am concerned that the company will get tired of writing things down for me and will fire me do to SAFETY reasons because I cannot hear the sirens. Is there anything I should do?

12-17-2004, 11:03 PM	#3 (permalink)
harleymn dallas Join Date: Nov 2004 Location: texas Posts: 320	well then Ask the co if they could wire up a light near your workstation when the siren goes off if not ask them if you could use home depot and buy those lights wired up Iam sure the co can write it off.

01-11-2005, 01:08 AM	#6 (permalink)
Cheri Premium Member Join Date: Nov 2003 Location: Ohio Posts: 21,080	I don't know if they can fire you because of safely reasons there a possibility they might will; And they are allow to because they are watching out for your safely; so you wouldn't get killed or injury on the job. Edit: I just re-read your post that you just recently lost your hearing a month ago.. Opps! __________________ Last edited by Cheri; 01-11-2005 at 01:10 AM.

01-11-2005, 12:23 PM	#9 (permalink)
Angel ♥"Concrete Angel"♥ Join Date: Nov 2003 Posts: 19,088	I suggest you to call ADA and find out more about this, they would help you understand your rights and the ADA laws.... __________________ "When we do the best we can, we never know what miracle is brought in our life, OR in the life of another." ~ Helen Keller

01-13-2005, 09:39 AM	#26 (permalink)
Dennis \/ It's a computer patch. Join Date: Nov 2003 Location: Death Star HQ Posts: 1,753	And just how old are you? And this all just happened last month? Just how bad do you want this job? If you really want it back, go talk to the manager NOW. Get them to put in writing that by this date and time, they'll put you back to work again. I doubt they'll just give you your job back. Chances are, they're rid of you and now they're hired someone to replace you. You need to talk to them NOW and have them guarantee you your job back in writing, not LATER. If you wait, you probably will have to go through the hiring process again just like everyone else. They could still just say that they're not hiring right now because they've already replaced you and / or you left and they don't hire back people who left. If you try to bring them to court after you "fix your medical problem." You'd have to prove that the policy exists, and I doubt there is any such policy. Go get your job back NOW. Last edited by Dennis; 01-13-2005 at 09:43 AM.

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12-17-2004, 02:04 PM	#2 (permalink)
Reba Premium Member Join Date: Jun 2004 Posts: 17,288	This link at NAD Legal info will give you a place to start: http://www.nad.org/site/pp.asp?c=foINKQMBF&b=137740

01-10-2005, 11:32 PM	#4 (permalink)
scottw Registered User Join Date: Nov 2003 Location: Crestview, Florida Posts: 797	Or, talk to A.D.A can help you to fix it, or talk to VR and find out what went wrong that you can't hear. ADA, or VR can help you. It your choice.

01-11-2005, 12:50 AM	#5 (permalink)
Nesmuth Banned Join Date: Jun 2004 Location: The Southland of California Posts: 3,199	A lawyer can fix that plm. Richard

01-11-2005, 04:12 PM	#11 (permalink)
ravensteve1961 Banned Join Date: Oct 2004 Location: Here Posts: 3,940	Well my theater has terminated me and they said when i get my hearing back they will rehire me.

01-11-2005, 09:37 PM	#14 (permalink)
ravensteve1961 Banned Join Date: Oct 2004 Location: Here Posts: 3,940	They didnt fire me. My mother explain to my boss what happend. He couldnt belive it. Its company policy if you have a medical problem they have to terminate you until you get your medical problem stragten out.

01-12-2005, 04:02 PM	#19 (permalink)
ravensteve1961 Banned Join Date: Oct 2004 Location: Here Posts: 3,940	Thats what they told me. When i get the implant and i can hear again then they will rehire me. I have several witnesses to back this up. If they back out their word and wont rehire me theres gonna be hell in court.

01-12-2005, 10:28 PM	#23 (permalink)
scottw Registered User Join Date: Nov 2003 Location: Crestview, Florida Posts: 797	I been thinking about all the job. I hope they are company, and manager will understand the ADA Law. I hope they would be in a good job.

01-14-2005, 07:58 PM	#27 (permalink)
ravensteve1961 Banned Join Date: Oct 2004 Location: Here Posts: 3,940	I cant do my job while im deaf. That job requires you have a walkie talkie. And ansering customers questions. Plus you must hear if the movie is loud or soft. You must report sound or picture problems to the projectionist. Reba used to work in the movie theater ask her how importaint it is to work in the theater. Like i said i have witnesses who said they have me hired back when my medical condition improves i also have backing reports from doctors how i went deaf that i can prove to the court. Plus i have backing from ADA on this one.