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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39178
Experience:  Retired (mostly)
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As of December 9th 2015, I have been with my employer years.

Customer Question

As of December 9th 2015, I have been with my employer for two years. Around the middle of 2015, they replaced one of the Human Resources employees. Not lot long after that there was a position open for a Material Handler(Forklift Operator). I applied for the position and was interviewed along with several other people. My hands shake constantly. I have asked doctors, through out my life, if there was something that could be done about it. They've all said "no". So, I'm stuck looking like a meth head and have actually been accused by a few people, outside of my place of employment. I brought that up first because, when I was sitting in the room where I was told that I had to take a drug test, the paperwork given to me was first marked for a level four drug test. But, that had been scribbled out by someone in Human Resources and remarked for a level ten drug test. At the time, I didn't think much of it. I didn't even know there were different levels to a drug screen and I've never failed a drug test in my life. Well, when the results of the drug test were returned to my employer, I was called to the office by this new human resources lady and the production manager. I was told that I failed the drug test. It showed that I used barbiturates. I had heard of those but, didn't have a clue what they were. I thought there was some mistake. I thought I was being set up as a meth head. I was fired or maybe, I should say, sent home. Since I had protested the results they had to let me take it again. Everything turned out okay as for everything that went down. I was forced to tell the HR woman what drugs I was taking and why. I have epilepsy. So, therefor I take Dilantin. I did not tell the temporary service that I worked for before being hired with my employer. Ever since the first time I was walked out of an interview many years ago, I don't tell employers about my condition. This is just one problem I've had with these people. When I was hired, I was given a Machine Operator position. That particular machine is one of the most, if not, the most complicated machines in the building. I had ran that machine for a little over a year when the production manager came to me and told me that I would be on a molding machine. There isn't any physical operation to running a molding machine. The only thing that is done buy the operator is to visually check the parts and if need be, clean said parts. Any idiot can do it. About three or four month to the end of 2015, I was moved to a position that no one was doing until they replaced the Plant Manager with this new person(Plant Manager). I'm back in Their "FIPG" department, which is where the first machine I speak of is. There actually two machines in "FIPG" and I can operate both. But, my job now, is to make sure the now, operators, have their parts, pull all of the carts full of parts all the way to the other side of the building.(I thought this is why they have Material Handlers). I have to go between two machines that are spaced about 50' apart for eight to twelve hours a day. My complaint is: there are people going out their doors almost on a daily bases. Instead of giving me a better position, they keep pushing me farther and farther down their ladder with absolutely no reason or even an excuse why. Almost at the end of my 12 hour shift today, today being 1/13/2016, the operator one of the "FIPG" machines, told me that the Production Manager said(to the operator) "All you have to do is stand here and put parts on the machine. All of the strenuous activities is for me to do. That is his(meaning me) job. If he needs carts, call me." When I was the operator of this machine, their material handlers brought the parts to me. That machine was operated by three different people, one at a time, on three different shifts and production was made almost daily. They slowed the machine down and put me to do the strenuous things in order to make up for the slow production in which they caused. What can be done about this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.


It certainly appears that you are being subjected to transparent disability discrimination.

You can, and should, complain to the Equal Employment Opportunity Commission (EEOC).

Or, you can hire a private employment rights attorney to contact your employer and demand that you receive fair treatment immediately, or the attorney will sue in federal court to enforce your rights. Your facts are of the sort that would likely cause a lawyer to take your case on contingency (you only pay the lawyer if you win).

I get a lot of questions like this every week. Very few have facts as good as yours.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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