Working With Seizure History

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Reaper

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Hello everyone im new to the forums and 26 years old. I have an unfortunate situation im going through with my current employer and me working. It started when I had my tonsils removed because they were enlarged. 2 weeks afterwards i was clear to return to work. My clearance papers noted that I had a history of seizures and immediately threw a red flag with my current employer. I didnt disclose to my employer that I had a history of seizures due to the fear of not getting the job. Well my first seizure was in 2005 and second was a year later, no seizures since. My employer now is worried about me potentially having a seizure at work. I work as an operator in a chemical plant so I do climb ladders, stairs, scaffolding, operate machinery and valves. I have been at this job for a year and a half now. I was cleared through a neurologist who listed no limitations. My employer wanted a second opinion so I went to an epileptologist who recommended a 24 hour EEG. I also did an EEG (Not 24 hours) back in 2014 and it showed normal. This 24 hour EEG also came back as normal. The epileptologist cleared me for work only stating that if I had to climb anything, that I use personal fall protection. With 2 return to work papers my employer still wont allow me to return to work, im really feeling down because of this. They told me that the situation had to be talked over with higher-ups but its still a chance that I wont be able to return to work. Im in an apprentice program for 4 years so I wont be able to move to another position until that is over. I was on paid leave and now my pay is cut in half but still on paid leave. Its been almost 5 weeks now. What can I do? I really feel like im being discriminated against because of a seizure diagnosis almost 11 years ago.

Edit: Also it was suspected that I had JME due to tremors before those seizures. I was supposed to be on medication but have been basically not taking it for the 11 years that ive been seizure free. A few weeks ago I agreed to start taking medication in order to return to work. I havent had any symptoms, tremors, shakes or anything since my last seizure over 11 years ago.
 
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Reaper said:
Hello everyone im new to the forums and 26 years old. I have an unfortunate situation im going through with my current employer and me working. It started when I had my tonsils removed because they were enlarged. 2 weeks afterwards i was clear to return to work. My clearance papers noted that I had a history of seizures and immediately threw a red flag with my current employer. I didnt disclose to my employer that I had a history of seizures due to the fear of not getting the job. Well my first seizure was in 2005 and second was a year later, no seizures since. My employer now is worried about me potentially having a seizure at work. I work as an operator in a chemical plant so I do climb ladders, stairs, scaffolding, operate machinery and valves. I have been at this job for a year and a half now. I was cleared through a neurologist who listed no limitations. My employer wanted a second opinion so I went to an epileptologist who recommended a 24 hour EEG. I also did an EEG (Not 24 hours) back in 2014 and it showed normal. This 24 hour EEG also came back as normal. The epileptologist cleared me for work only stating that if I had to climb anything, that I use personal fall protection. With 2 return to work papers my employer still wont allow me to return to work, im really feeling down because of this. They told me that the situation had to be talked over with higher-ups but its still a chance that I wont be able to return to work. Im in an apprentice program for 4 years so I wont be able to move to another position until that is over. I was on paid leave and now my pay is cut in half but still on paid leave. Its been almost 5 weeks now. What can I do? I really feel like im being discriminated against because of a seizure diagnosis almost 11 years ago.
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I realize I can't help you, but I have a history of seizures at work. I had my first grand mal at work about 8 years. I have no idea what happened, I was on register then I woke up in the hospital. I've had multiple since, but note that about 5 years ago I had another grand mal at work, late while doing dishes and they kept me. It happened multiple times that I talked to my manager about a much necessary raise and my head manager said I needed to learn pies (pizzas) to earn the raise but I continuously told them I couldn't do pies because I'm epileptic. If I had a seizure I could seriously burn myself.
So my take away, is that I think they're not legally able to NOT hire someone because they're epileptic UNLESS it may cause harm to the person. But idk how that relates to a promotion, raise, or re-hire. I assume that's equivalent, but idk about firing someone. I assume they couldn't legally fire me, but idk. Idk if it's a national law or state, idk. My uncertainty is partially why I need to look into the laws. Good luck!

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Hi Reaper,

Welcome to CWE! From what you have said your employer is discriminating you and that's against the law. I've been working at the same job for 32 yrs. in public school and I have seizures in front of students but when they tried to get rid of me I reported the staff to the Epilepsy Foundation in my area and a lawyer went after them and all of them were either fired or had to transfer to a different school to work. As long as you have papers from your Dr. that you are able to work this job your employer can not lay you off. My advice to you is to get a lawyer and go after the employer for discrimination. It's been 11 yrs. since you were diagnosed with seizures and your employer has no legal right to cut your pay or lay you off. You may want to call the Epilepsy Foundation of America at 1-800-332-1000 to get some legal advice. I wish you the best of luck and May God Bless You!

Sue
 
Porkette said:
Hi Reaper,

Welcome to CWE! From what you have said your employer is discriminating you and that's against the law. I've been working at the same job for 32 yrs. in public school and I have seizures in front of students but when they tried to get rid of me I reported the staff to the Epilepsy Foundation in my area and a lawyer went after them and all of them were either fired or had to transfer to a different school to work. As long as you have papers from your Dr. that you are able to work this job your employer can not lay you off. My advice to you is to get a lawyer and go after the employer for discrimination. It's been 11 yrs. since you were diagnosed with seizures and your employer has no legal right to cut your pay or lay you off. You may want to call the Epilepsy Foundation of America at 1-800-332-1000 to get some legal advice. I wish you the best of luck and May God Bless You!

Sue
Click to expand...
I was wondering about a job's ability to discriminate when epilepsy is involved. This isn't potent, but how aware are you about going into a job interview and mentioning that I'm epileptic, avoid, is it even relevant?

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I was told that I never had to disclose any medical conditions, I dont know how true that is.
 
The reduction in pay is part of their paid sick time. We get 6 weeks of full pay and 4 weeks of half pay on medical leave.
 
How can they class you as being on 'medical leave' when you aren't actually sick? You have been passed as fit by medical practitioners so surely that eliminates you being laid off as sick by your employer. It sounds like you are being discriminated against and also having your pay unfairly cut in the process.
I'd definitely get legal advice and tell your employer that you intend to do so, along with advice on your pay being cut.
Don't let them get away with this, thy may even change their minds once they know you're taking it further because it sounds like they are just trying their luck here.
 
I dont know, this whole situation has been really stressful. I was cleared after 2 weeks from the tonsillectomy. Then cleared the 4th week by a neurologist, got a second opinion and was cleared by another neurologist with a normal 24 hour EEG. I was supposed to return to work 5 weeks ago. We have doctors at work and they are the ones that wont let me return back to work even after my personal neurologist and an epilepsy specialist cleared me. Im going up there tomorrow to find someone in HR and talk about this. One of the nurses even said they dont hire people with a history of seizures, which i felt was so wrong. I know the field of work is dangerous but I have been working in this field for over 7 years now right out of high school without ANY problems. I was even able to get a crane certification through NCCER 3 years ago and my last job I was operating 100 ton cranes
 
If you were cleared to work by your neurologist, then they definitely seem to be discriminating against you. You shoul contact an attorney &/or the Epilepsy Foundation.
 
Just finished talking with HR and that was pretty much a waste of time. They said they have no control over what the medical team decides in my case.
 
Texted the doctor asking for any updates and was told that they were working on it and working on removing restrictions from my case. I told them how I truly felt about the situation and that I felt this isn’t right. I said I feel like they didn’t want me to work there because of my disability and was unnecessarily making it hard for me to return. Doctor responded saying they understand my frustrations, but it’s a process to make sure I return back to work safely. Which is still crazy to me because I initially requested sick time because I was getting tonsils removed and that was over with a month ago and I was cleared.

Edit: They also told me I needed a fitness for duty exam before I could return. Could they legally request this if they learned from my disability from my tonsillectomy discharge paperwork? I was reading that it had to be first hand knowledge. I never mentioned anything about my disability prior to this. I still went ahead and did the fitness for duty exam last week and same thing, i was cleared to work and if i had to climb, i had to use a safety harness which is what we do anyways.
 
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After being out of work for 6 weeks reguarding the whole situation, they called saying I was able to return to work with no limitations.
 
Oh yippee I'm so glad you stood your ground and told them you felt they were purposely making it hard for you to return to work - because I think they definitely were. Not only have you helped yourself in doing this but you've helped others who may be discriminated against too. They know now that they can't get away with prejudice. Well done. :clap:
 
All I can say is fight for what you want and what you worked hard for. Hopefully I opened their eyes so they can see that just because someone has a disability, that doesn’t mean they cant perform the same job duty as their coworkers. I felt so bad and started getting depressed because I know how how I work and what I sacrificed going to school to be able to get this job.
 
My daughter 33 was diagnosed last May with E and is a medical secretary at the same hospital she is treated at - she still does her job well, despite the interference of her medication at times and won't let this condition change her any more than she can help. Difference is that over here employers are well aware they can't discriminate against workers for any reason and she is fully supported at work. And that's how it should be eh?
 
Reaper, I'm so glad your employers wised-up and you were able to go back to work!
 
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