Hi All,
No matter how many books I read or how
many therapists I speak to, I can not get
a clear cut answer on whether legally and
mentally it is best to disclose your
condition to your employer. We do have
legal rights and I know all about
"reasonable accomodations" LTD, state
rights, and discrimination. Still, no
clear cut answer on whether or not
disclosing this condition (knowing the
stigma there is) works to our benifit or
not. There is only 1 person (my direct
boss) that I would ever feel confident in
telling. In some ways I feel like its
unfair to NOT let him know because there
are work-triggers that if avoided (say
large presentations or huge corporate
gatherings, holidays etc.) that would help
for him to understand my situation
better, and keep me on a more stable
track. No one likes to feel like a liar,
or just making excuses for things due to
an illness.
Any advice, or stories that anyone can
share on the topic I welcome please..
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bakin_april
Experienced User , Rather EHEALTHy
Joined: 28 Jan 2008 Posts: 210 Location: state of confusion, usa
Posted: 02-15-08 17:20pm
If you're asking for special accomodations
and the employer has more than 15
employees you're covered under the ADA and
the employer has to make reasonable
accomodations once you disclose your
condition.
When I was employed I made it a practice
not to disclose my diagnosis because
people are judgemental. Once I took a
short term leave and had to disclose the
BP. The employer never took me seriously
after I returned to work.
Early in my career a supervisor told me to
never tell the reason behind wanting time
off (this wasn't related to BP). It's not
the employer's business and if they think
it's for a frivolous reason they may not
give it to you.
The FMLA offers protection, too.
Unfortunately, I've forgotten the
details.
Are the presentations and events you
referred to mandatory?
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antigone
Moderator
Joined: 27 Jan 2008 Posts: 918 Location: IL
Thanks: 45
Thanked:16
Posted: 02-16-08 00:09am
If there are things that are work related
that are anxiety producing I would chalk
it up to that. I do not think it is
mandatory to reveal bpd.
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CarolDiane
Moderator
Joined: 23 Sep 2007 Posts: 2393 Location: ,
Thanks: 111
Thanked:156
Posted: 02-16-08 05:48am
Under the "HIPPA" law, you do NOT have to
disclose any of your health report. It is
legally none of thier business. There is
no way an imployer can have access to your
medical records unless you have signed a
realese of information paper. That is the
law.
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bakin_april
Experienced User , Rather EHEALTHy
Joined: 28 Jan 2008 Posts: 210 Location: state of confusion, usa
Posted: 02-16-08 10:02am
To receive accomodations necessary to
perform your job under ADA you must
disclose so there's a known basis for the
adjustments. Disclosure without a job
related reason is not in one's best
interest and not required. Once
disclosure of a disability is made the
employee-employer relationship will change
regardless of the reason for telling the
employer.
The ADA and EEOC websites have lots of
good information for employees.
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Go2extremes
New User, Becoming EHEALTHy
Joined: 04 Feb 2008 Posts: 43
Job related reasons Posted: 02-16-08 10:37am
Yes, after I had been put in several
situations that lead to crashes. Such as
corporate functions (holiday parties) or
having to entertain clients (which in
essence means get them drunk and do shots)
Or be expected to fly out to meetings in
the early AM or do red eye flights... I
realized that my BP was getting worse. It
was killing my mind and body. I rarely
drink, only on occasion with close family
or my partner. I do not go to large
formal gatherings, weddings etc. even
outside of work... I am in a high level
position in my company. DO i service the
needs of the job? Absolutely. I don't
need to be doing shots, going to a holiday
party or flying out at off times to Cali
to get the job done. Thats really the main
problem. I of work a lot after these
occurrences, as they can lead to serious
depression and crashes. Thats the main
issue with the job. Oh and yes it is a
large company 150 employees +
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bakin_april
Experienced User , Rather EHEALTHy
Joined: 28 Jan 2008 Posts: 210 Location: state of confusion, usa
Posted: 02-16-08 16:18pm
You might consider getting help with this
one. A professional would help with
anti-anxiety meds, if needed, and
developing coping strategies. Can you
fly out the afternoon before you're
needed? If jet lag is really bad you may
need to try a sleeping pill. Tell your
employer you're under a doctor's care (but
not why) and must eliminate alcohol and/or
(whatever else). Are you able to make an
appearance then leave after a couple of
hours at an event? Has your employer
mentioned that you tend to miss work after
one of these events/trips? Just curious.
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Go2extremes
New User, Becoming EHEALTHy
Joined: 04 Feb 2008 Posts: 43
Work and Expectations Posted: 02-16-08 18:07pm
Yes,I am in the process of seeing a new Dr
this week, as well as getting in contact
with lawyers that specialize in this. I
have an auto immune disease as well, which
my employer is aware of and is
understanding about. I have flex
schedule due to that, and theyare aware I
see Drs for that condition. I have been
asked about flying and getting sick- being
out afterwards, and this year I was asked
to go to the holiday party, as I do not
attend,because they wanted to do drinks
with me. For a month I dreaded having to
go to the party. I went for the cocktail
hour, and regreted afterwards. I was just
told this week that I may need to fly out
to Cali for a corporate meeting... I do my
best when I am in the office in my
familiar surroundings and being the
in-house director they need. I am already
on Klonipin for anti-anxiety however it
doesn't do anything for me for panic
attacks or depression. I have high-level
job, which means it pays very well... I
can not afford a demotion or to lose my
job completely. I just need help
medically and the best legal protection I
can get...thats all I can think of? And a
true answer to the question to disclose or
not to disclose....
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bakin_april
Experienced User , Rather EHEALTHy
Joined: 28 Jan 2008 Posts: 210 Location: state of confusion, usa
Posted: 02-16-08 18:19pm
I'm glad you're contacting employment
attorneys. They'll be able to give you
the help you need, especially on
disclosure.
I wanted to help, sorry I couldn't. I'll
be thinking of you this week as you see
your new doc. PM, if you want. I hope
you get relief soon.
Good Luck
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puzzld
Supporter
Joined: 19 Nov 2007 Posts: 220 Location: gulf coast =), USA
i just went through this Posted: 02-22-08 13:21pm
look for my post "decided to disclose
illness to employer" or close to that.
also, read my other post "lost my job and
not sure anymore"
my dr. said it's a crap shoot whether or
not to tell. in my case i'm still trying
to figure out if i did the right thing. i
felt i had to bc i didn't want them to
assume that i don't care or whatever they
might come up with left to their own
devices. i was "let go" jan 22nd. i
disclosed... not sure when but look at
date of my post re: this.
hope my story helps in some way. keep us
posted and feel free to PM me anytime.
xoxo
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puzzld
Supporter
Joined: 19 Nov 2007 Posts: 220 Location: gulf coast =), USA
Posted: 02-22-08 13:32pm
i just bumped my post about disclosing to
employer... both posts on pg 1 for you
now. xoxo
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Go2extremes
New User, Becoming EHEALTHy
Joined: 04 Feb 2008 Posts: 43
Law info Posted: 02-22-08 14:20pm
well after doing a lot of calling with the
top lawyers, here is the low down.
If you chose to disclose, you should have
a Drs note in hand as you disclose. Be
sure that the note that the Dr writes is
word- for -word in accordance to what the
lawyer recommends it to be written. The
basics of the letter is that you are
capable of working, they may want to
include reasonable accomadations to the
letter, though do not quote me on that.
As you disclose you hand the letter to
your employer and you have the right to
not answer or disclose anymore than you
feel comfortable with. After that if you
are fired from the co. you are protected
by law..that you did disclose and were
fired afterwards. They will probably be
the stupidest co. in the world to let you
go due to being BP, that would more than
likely NOT be the case. However, for
whatever reasoning that the company (if
they have issues with you being BP) you
can take legal action, and still have
rights. If the entire building burns down
and everyone loses their jobs, then maybe
a lawsuit wouldnt be in the
cards...otherwise you have a pretty strong
case. Get that note- and speak to a
lawyer. Good luck.
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bakin_april
Experienced User , Rather EHEALTHy
Joined: 28 Jan 2008 Posts: 210 Location: state of confusion, usa
Posted: 02-22-08 15:07pm
Wow! Thanks for doing the footwork.
Sounds like you got a lot of good info.
Hope it takes some of the stress off you.
Good luck to you!
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justme1207
New User, Becoming EHEALTHy
Joined: 15 Dec 2007 Posts: 19 Location: oshkosh, wi usa
Posted: 02-26-08 23:46pm
I guess the real question here is if you
got fired or let go or whatever because
you were bp or if it was because for
whatever reason you were not doing your
job. It is a big responsibility that I
handle in my job and if for some reason I
can not do my job then others in my
company hurt and my job is in jeopardy.
For example if my bp causes me to fall
asleep on the job or make mistakes that
cause data loss then I would probably lose
my job because of the sleeping or
mistakes. I could also fall asleep and
make mistakes because I spent all night
partying or had a drinking problem or was
just lazy. In the end, it would be my
performance that was the problem and issue
instead of the cause that led to the lack
of performance. What we have to do is go
above and beyond to still do the job we
were hired for. I know that sounds easy,
but that is life. If the company is a
large company with many open positions,
then I think the company would offer to
move me to a position of lesser
responsibility (and more than likely
lesser pay) until I could get my
performance back up. What was the reason
you were let go? Did they blame it on the
bp or on the performance or on something
else?
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justme1207
New User, Becoming EHEALTHy
Joined: 15 Dec 2007 Posts: 19 Location: oshkosh, wi usa
Posted: 02-26-08 23:47pm
I see there are other topics about this
issue. It makes me want to keep my
personal information to myself and work
and pray that I can keep up my
performance. I think I will post my
previous reply on the other topics as
well.
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puzzld
Supporter
Joined: 19 Nov 2007 Posts: 220 Location: gulf coast =), USA
re: go2extremes Law Info Posted: 02-27-08 23:25pm
wow! that's great info, wish i had the
mindset then, before i disclosed, to know
what i didn't know... ya know?
justme1207, you have a great attitude just
as i did while i fought tooth-and-nail to
keep my dream job. keep it up and i hope
you continue to perform and succeed! and,
if the bottom does fall out, i'd have to
know your situation to advise.
PM me anytime
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catlady971
New User, Becoming EHEALTHy
Joined: 16 Apr 2008 Posts: 4 Location: ,
Bipolar and Working Posted: 04-16-08 15:10pm
I was dignosed with Bipolar in 1998--its
not a fun disease to deal with.
If anyone says it doesn't exist they are
just plain nuts! I was put under a new
supervisor in Oct 07--well,,,he decided
that he was going to burn me because I had
a excessive amount of LWOP on my record
for the year 2007. I tried to explain to
him about my health concerns but he said
he really didn't care and his brother had
bipolar, was on medications so I should be
just fine. Well,,it has lead to and EEO
complaint, ULP complaint and three
grievances. I am a Union Steward! The
only thing I can tell you is to keep
complete records of how you feel
everyday--what happens at work to make a
panic/anxiety attack happen--I have notes
for two years back. Days I worked, how I
felt that day getting up, what was done or
said at work that affected me. I work for
the Federal Gov't sector but don't let
that fool anyone--we are discriminated
more against than the average bear so to
speak. EEO does accept the disease and
its baggage that goes along with it but it
has to be medically annotated! My new
boss had put me on AWOL since December
everytime I am off--no regard to what he
was doing to me emotionally or mentally.
Physically I have been getting worse too.
WELL,,,my grievances were heard today and
he can no longer put me on AWOL! I have
to do the FMLA leave package and submit a
formal letter from my Psychiatrist--which
will be not a problem at all!!
Keep the fire to their backs and don't you
dare give up!!!
