I am asking that questions, from the angle of, what about the duty to explore alternative work arrangements such as other positions? Can they skip that part of accommodation and move to Disability?
I have been with a large company for over 10 years. 7 years in one job, 3 years on the newer job.
Asked manager for help switching to different position in my previous department or previous role. That is lower paying, but I am able. The new job I cannot do. We tried desk accommodations but ultimately failed, I cannot use my dominant arm/hand. I never got help transferring to a job I found, that I had done before, that was hiring all the time. I went on STD. I had a return to work, but hurt my shoulder more and stayed on STD, turned into LTD which is ending soon. Now, when that ends, they will place me on unpaid leave.
BUT I WANT TO WORK! I have wanted to work this whole time. I have found jobs, showed my manager, showed my disability case manager, and nothing. I have one month left of coverage before they put me on unpaid leave. Were they supposed to help me with alternative work this whole time, or just now that LTD is ending?
STD and LTD was fine, it’s just my employer, they seem to have forgotten that they actually employee me lol.
no union. company of 50-100k people.
I’ve been speaking with HR for almost 2 years about this getting bounced from person to person to agency. Really they helped me re-write my resume and cover letter, and wished me luck when I brought up the positions I found.
I am not sure what you have said to them so far, but if you have not already done so, I think you probably need to explicitly invoke their duty to accommodate in writing and put it on them to find you a suitable position. Maybe book a consultation with Resolute Legal to find out the best way to phrase it. A keep a copy of job postings that you think were suitable in case you need it later.
Employers can be resistant to accommodating employees. If you want to try and return to “other” jobs outside of your own occupation, you can check with your employer. You can get your doctor to set out the accommodations that you would need. Then you can ask your employer to accommodate you. It sounds like you have tried this process, but double down on it and get everything documented.
Make sure that it is clear you are capable of work before giving up on getting your LTD extended beyond the first two years. You can appeal an LTD denial and try a return to work, they are not mutually exclusive.
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.