The ADA has five major life functions. If your disability severely restricts one of those five major life functions then you will be eligible for an accommodation under the ADA. The company has had a policy in the past of a 100% medical release before returning to work and has been informed that that policy is in violation of the ADA. The EEOC is charged with insuring that employers comply with the ADA. If you feel your company is not following the guidelines of the ADA then you should file charges with them within the proper time restrictions. Check out the EEOC website to insure you meet those time restrictions.
return as a driver with an ADA rating?
- Thread starter turdbrown
- Start date
10 point
Well-Known Member
And find an unbiased attorney.
I didn't advise seeking an attorney because the EEOC has the option of filing a law suit against the company without the employee having to hire a lawyer. Once their investigation is completed they will issue a decision/finding. They will decide at that time if they will file a suit on behalf of the employee or if the employee will need to hire a lawyer to file it.
10 point
Well-Known Member
The EEOC route takes a lot of patience. A lot more patience than many people have. One of our fellow workers split his tibia plateau and the EEOC route was frustrating. He got a workers comp Atty, got a decent settlement and walked away.
The first Atty he used did very little to help him but he found a decent one after the other avenues seemed to take too much time to waste with him having a young family to support.
barnyard
KTM rider
When I was on comp and my state advocate believed that I was not returning to work, she did not think that going the ADA route would have done me any good. As a union shop, UPS can argue that creating a job that is perceived as easier, will not stay with the person with the disability. They will lose it in the bidding process.
If that makes sense.
If you are assigned a disability rating, UPS will make you a settlement/retraining offer. If you want to stay with UPS and are qualified, try petting in a letter of intent for either sales or management.
If that makes sense.
If you are assigned a disability rating, UPS will make you a settlement/retraining offer. If you want to stay with UPS and are qualified, try petting in a letter of intent for either sales or management.
The company has created many jobs for disabled employees and given them lifetime rights to the job, i.e. not allowing the job to be bid on. The company has also acknowledged, by way of the bid process, that not all of it's union jobs require being able to lift 70lbs, and that some of their jobs can have reasonable accommodations made to them, as required by the ADA.
Overpaid Union Thug
Well-Known Member
This is the only way I'd ever consider the move to sales or management.
barnyard
KTM rider
I submitted a letter for sales. Tested, interviewed and all that. Need to redo 1 part and I think about that frequently. I would like to get to 15 years FT, so that I am fully vested with the union before I make the change. A couple more years.....
UpstateNYUPSer(Ret)
Well-Known Member
15 years to be fully vested?
Resident know-it-all.
Resident know-it-all.
Overpaid Union Thug
Well-Known Member
Well, our sales team around here is a joke. I refuse to submit a lead for that reason. We get a new one every other year and some of the drivers that still attempt leads laugh at how the entries the reps enter into the system change as they do. They all say basically the same thing but in each new rep's own words. Such as "Called customer. Left message" or "Called customer and customer states that UPS is already their sole shipper." But in reality should say "I put as little effort into this sales lead as possible." Maybe you can land a position in my area and clean up the mess.
Once again, the resident know-it-all has told us he knows the rules in every local across the company.
Maybe, barnyard's local requires 15 years.
UpstateNYUPSer(Ret)
Well-Known Member
Once again, the resident know-it-all has told us he knows the rules in every local across the company.
Never said that.
Maybe, barnyard's local requires 15 years.
Hence the question mark.
Never said that.
Maybe, barnyard's local requires 15 years.
Hence the question mark.
barnyard
KTM rider
That is my concern. In my area, we have had huge turnover in the sales dept. Not just promotions, people being hired, going through the training and quitting a month or 2 later.
