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  #1  
Old 02-01-2011, 06:16 PM
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Unhappy I need some support


My job requires me to travel around the area that I work...None of it is within walking distance from my office so I have to be paired with a driver...I've never gotten my driver's license because of my seizures and I can't drive the vehicles without a driver's license

Many of my so-called coworkers and friends are tired of driving me around and think I use my epilepsy as an excuse to be lazy which is not further from the truth...My boss tells me that I need to get my license because no one wants to drive me anymore

I hate it when my seizures hold me back and so often have had the will to not let them but this has really discouraged me right now and I just want to give up

Last edited by Superman1988; 02-01-2011 at 06:19 PM.
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Old 02-01-2011, 06:28 PM
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Well you can tell your boss to look at the disability act in your area which states that if you cannot do the job (which in this case you cannot) they MUST accomadate you. That means MAKING someone drive you whether they like it or not. or paying for a taxi to take you places.

IF they dont do this. You can take them to court.
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Old 02-01-2011, 06:29 PM
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Superman,

Welcome to CWE!

Chin up. Your seizures are not holding you back. Your employer is holding you back. And you deserve to be treated fairly in the workplace.

There is a law called The Americans With Disabilities Act. It says that any employer with at least 15 employees must make reasonable accomodations for their disabled employees. The part that is a gray area is what is reasonable. The drivers saying they don't want to drive you is not grounds for it being an unreasonable request.

http://www.epilepsyfoundation.org/li...ommodation.cfm
http://www.ada.gov/
http://www.eeoc.gov/facts/epilepsy.html

Does your company have an HR department you can go to? If so, make a list of what accomodations you need to do your job, and ask for them. If they do not provide them you can appeal/complain to the EEOC (Equal Employment Opportunity Commission)
http://www.eeoc.gov/

The epilepsy society also has a legal referral service: http://epilepsyfoundation.org/epilep...galinfoctr.cfm

Will you let us know how things are going?
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Old 02-01-2011, 06:41 PM
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Thank you for all the links...I'm now feeling stronger than before knowing that in this instance the law is on my side
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Old 02-01-2011, 10:22 PM
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Um, yeah....not only is that discrimination its illegal!!! There are laws about people who have seizures driving. In my state you have to be seizure free for 6 months to drive.
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Old 02-02-2011, 09:13 PM
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I suppose it depends upon whether that transportation is directly related to your job function. If it is not related, then it's purely a voluntary effort by coworkers and/or friends.

I've been there, too. I've treated myself to fast food in a taxi just for the sake of getting away from my worksite. Sure it's expensive, but well worth being around a fresh environment and somebody who may be willing to hold a conversation.

Personally, I loaded my cell phone with all the decent taxi drivers' phone numbers and also keep all public transportation schedules on hand.

It's only illegal if it's transporatation required to perform your job function. It hurts. People should be nicer. I believe there is karma.
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Old 02-03-2011, 03:40 AM
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Remind your


boss of this.

If you were to have a seizure while driving a company car, the COMPANY would be held liable for what would happen as a result, if an accident happened because you had a seizure.

Then remind him of the ADA. The EEOC, (Equal Employment Opportunities Commision) is on your side for this. If they need a friendly reminder, you can always call them, or have a lawyer do so as well.

And talking to the local Epilepsy Foundation's legal department might help as well.
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Old 02-03-2011, 05:36 PM
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Now don't jump all over me for saying this folks..but IF your job description includes driving as part of your job and you cannot drive, they do not have to provide a driver for you. BUT yes, according to the ADA law, they need to offer you another position within the company.. BUT not exactly the SAME job IF driving is required.

I know, my job did require me to drive and could not..so legally YES they can terminate you from your driving required position, if you cannot do your prescribed job. However due to the ADA, they HAVE to offer you something IF its available.

No lawsuits, no other accomodations unless they are just nice about it. Does your job require car insurance provided by your company? But that would exclude you right there. Were you driving when you started this position?

I would inquire with HR who knows the laws and for further clarification, a disabiity Attorney for clarificaiton. I hope I am wrong.. but afraid not if your job requires you to drive. Ask what other jobs you could do while waiting for you to get insurance. My poor husband lost 5 jobs due to safety issues because of his seizures.

Good luck, Let us know what happens.

Jan
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Old 02-03-2011, 05:56 PM
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My job description doesn't include driving as part of the job but I have to get to the work area from my office...I am qualified to perform everything else but I CANNOT drive one of their vehicles without a license.

It isn't a requirement to have the job but if I have to I'll have teamsters drive me around and the company can pay them...It's in my union contract
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Old 02-03-2011, 06:25 PM
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OK..but now I am confused. You dont drive AROUND for your job right? But you are supposed to be driving a company vehicle to get to ONE place where you perform your duties? So..its just 1x there and back? What you punch IN in one place but then travel to another place?

How else could you get to the place required and why would you then need THEIR vehicle to get there?

Yes ASK the teamsters.. I hope and pray you can make this all work out.

Best to you~ Jan
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Old 02-03-2011, 06:37 PM
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Correct..I am supposed to be using a government rig to get to where I perform my actual job...The place that I perform my job is on average about 3-10 miles away from my office so it isn't realistic to walk...If I had my own car I would definately drive it to the jobsite but I don't even have a license
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Old 02-03-2011, 07:17 PM
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I had a job where I was required to drive around quite a bit during the day, to meetings and such. Even though I had a license and was allowed to drive at that point, HR would not allow me to drive my car, or their car, or even a rental car, on company time, knowing I've had seizures. If I had an accident under any of those circumstances then the company would be liable. They did give me time allowances to either hitch a ride with another employee, take official company transportation, or take public transit. If none of those were available, I could attend the meeting virtually (over the computer).
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