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I'm asking advice regarding my part time job to make a few extra buck while
getting SSDI payments. The job responsibilities have gotten out of hand, and
I am thinking on taking legal action against my employer, a local branch of
big national"contract" pharmacy that delivers meds and other supplies to
nursing homes, assisted living centers, jails, etc. in my local area. I work
for one of the "big 5" in this field. I may get fired soon, or just end up
quitting due to all the BS. I also posted this on alt.disability.issues.
When the job started, late 1998, it was a "needle in a haystack" type of
deal regarding me and my disabilities. I have had a long history of trying
jobs, any job, and I would either get let go, or quit due to embarrassing
circumstances as I was "too slow", or otherwise not able to do the work. I
just got fired from a newspaper store collection job at the time. I was
ready to quit the newspaper job anyway as I couldn't keep up, stress and
fatigue.
I was hired at the pharmacy, with the management well knowing I was on
disability, and the hours were generally 4 to 6 hours a shift, averaging 3
days a week. I started at $7 an hour. The management seemed to respect that
I was getting disability benefits, and that I was only allowed to make so
much a month (under SGA), and knew that I can only handle so many hours
without getting fatigued, and they worked with me on that. My job was to use
on of the company's minivans to deliver meds to local nursing homes, along
prescribed routes and to prescribed homes. There were five routes, and
several drivers, and our routes would rotate.
However, it seemed like the guys spent a few extra nights working with me to
learn the routes. Most guys learned the route in 2 nights, I often took 4 or
5 nights. Afterwards, I'd get lost often, backtrack, have to call in for
directions, etc.
Things went pretty good until I got in a very bad accident in May 2000, not
work related. Both legs broken. Broken thumb. Titanium rod is now in right
femur. This, as well as a unrepaired torn meniscus in my right knee limits
the amount of stress and stamina for me. At that time, I was helping a bit
with what is called "staging", getting meds ready to deliver by putting them
in the proper nursing home's bag or tote to be delivered. This involved all
walking, standing, and reaching. They let me slide on not having to do that,
but did increase some responsibilities and hours as time went on, but I'd
get time off if needed and too fatigued. I'm also getting older, I'm now in
my early 50's.
Starting in April 2004, I asked for slightly reduced hours as my knee was
starting to bother me more, and that was granted along with a two week
unpaid vacation. As soon as I came back to work, a management "coup" has
taken place, new pressure from the top, etc., and now along with a bunch of
new and growing job responsibilities. Starting after labor day, a mandatory
8.5 hour shift, which I informed my new supervisor I cannot do. Not only 8.5
hours, but now there are "stats" waiting to be delivered when you get back
from your route, they have your name on which ones you deliver, and you are
mandated to take them, which can add up to another 5 hours on your shift.
This is way above my tolerance level. This job has turned into the other
jobs I had earlier in which I can't do. I hear this is becoming the norm for
corporations. I started taking longer rest periods/breaks now, including
coming home when I can for an hour or so, which I think they're catching on
to. We now have to work 7pm till 3:30 am, then the stats. I used to get
home around midnight or one. Stats used to be contracted out to couriers. I
don't mind evening driving, but I don't like driving at 3 or 4 am fatigued!
I have told the pharmacy that if I get audited by Social Security, they may
not look kindly on me working those long shifts, even if it is only 2 days a
week. In fast SS sent me a questionnaire about my work activity a couple
months ago, I told them the truth, and that things are declining at the
pharmacy. I haven't heard anything back yet.
With yearly reviews and raises under the old management, I was up to almost
$9 an hour. I average (or am *trying* to average about 14 hours a week. It
finally dawned on the management, that I have been averaging under 16 hours
a week, and they actual cut me by seventy cents an hour, stating that I'm
not considered part time, but casual, and casual's don't get what's called
the "mod comp" pay bonus that part times get. Yet now they are trying to
force me to work 16 hours plus a week now, which I don't want to do, but
without the part time job, I can't pay my housing and other bills.
Drivers do get a half hour lunch. Since we're on the road and can't punch
out. it's "conveniently" docked for us. Also, get this. They are hiring new
drivers at $9 an hour and up, while us drivers who been there are only in
the $8 but under $9 range, and we have to train the new drivers! Very
insulting!
I know that there is a slim chance I will find another job that I can do and
they will keep me similar to how the pharmacy started out, I've tried
several jobs, the ones that fit my abilities are rare.
With the old management, we used to get a monthly schedule stating when our
shifts were. The new management only has a sheet stapled to the wall in the
warehouse, where you can add your name for an open shift, and the new
drivers' supervisor also assigns shifts that you don't know that you been
assigned to if you're a casual employee like me and only at work twice or
even once a week.
On 7/26/04, after I and another person complained anonymously to agencies
including the Wage and Hour Division, all employees received a letter from
the Operations Manager that states:
"Recently we have had several instances where (Pharmacy) personnel have
interacted with representatives from State or Federal agencies without
notifying their SVP or Corporate Compliance Department. This is a violation
of company policy 1.1 Coordination/Contact with Regulatory and Enforcement
Agencies. This policy was developed to provide consistent response from
(Pharmacy) to various agencies, while at the same time ensuring that we do
not create problems for the organization by providing inaccurate or
incomplete information. It is imperative that this policy be followed with
no exceptions."
Also our new rules and regs state that "A note from a doctor explaining an
employee's absence due to illness or accident does not excuse an unscheduled
absence", and unscheduled absences are subject to disciplinary action. Well
excuse me (Pharmacy), many illnesses and all accidents are unscheduled, and
by their very nature may not be able to be reported until an appropriate
time when the employee is out of danger,
Is there any protection from any of this, especially the forced long shifts,
in the ADA? As far as I know, if they hire a disabled person, they have to
accommodate them.
Anywhere to get legal advice? Will it be worth it? Thanks.
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