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Old 05-31-2019, 07:18 PM
 
43 posts, read 8,458 times
Reputation: 27

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OK, here's my story to my knowledge I am not being investigated for anything and from my research usually p.a.l. is when you have done some sort of misconduct. I got a promotion to a new department which turned out not to be as good as I anticipated. Prior to that I worked at my company in multiple departments with good evaluations and such. In the "promoted" position I did not get written up or put on a pip, but I did ask to transfer early on because I saw the writing on the wall. In turn my boss basically extended my probation by a few months which prohibits me from transferring and means I can be terminated a lot easier if I don't "pass" probation.

Prior to the job I had health issues and my "new role" made those issues worse so I requested some job accommodations under the ADA. My employer responded by declining them and saying the only accommodation that could be made was a reassignment to a new dept. So about 30 minutes before the end of the day HR called me down and gave me a nice little letter that basically said that I am being put on paid admin leave to allow me time to find a position within in the company. They said that if I don't find a position within a certain time frame I'd be terminated due to non disciplinarian reasons.

So my question remains, has anyone ever made it back from paid administrative leave? Of course I have been dusting off my resume and looking at other companies, but prior to this new transfer my record is as clean as a whistle. The new job had a lot of issues and I was still new. Rumors are floating around at work that I just up and quit which is not valid although some of my bosses did try to torment towards the end so I would.

Thoughts?
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Old 05-31-2019, 07:25 PM
 
1,898 posts, read 2,949,542 times
Reputation: 1623
Not terribly familiar how it works in the private sector. Typically in the public sector is leans towards not returning. Depends on how "in house" the issue is.
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Old 05-31-2019, 07:53 PM
 
9,255 posts, read 11,813,438 times
Reputation: 14514
Have you been attempting to find another position in the company that won't interfere with your health issues?
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Old 05-31-2019, 07:56 PM
 
43 posts, read 8,458 times
Reputation: 27
Quote:
Originally Posted by Rabrrita View Post
Have you been attempting to find another position in the company that won't interfere with your health issues?
I have. I had an interview very recently, but yes I have been applying for multiple positions within my company. My HR Manager has been recommended me to the departments I have applied to.
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Old 06-01-2019, 08:55 AM
 
Location: Full time in the RV
2,867 posts, read 6,404,335 times
Reputation: 2420
Without getting too personal give us an idea of the accommodations you are requesting.

My first thought after reading your posts is you are being managed out. You are labeled a problem employee and this is their way of getting you gone. The clock is ticking.

Don't believe anything HR has told you. You have been blackballed. They even told you when your last day will be. HR is hoping you quit then they won't have to fire you. Either way their problem-you-is gone.

To answer your question where I worked paid leave was used in two circumstances:
-Failed drug test until the retest or prescription verification was completed.
-Any circumstance when they did not want the employee at work until they figured out how to get rid of them.

You are in the second example.
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Old 06-01-2019, 09:51 AM
 
1,825 posts, read 2,479,002 times
Reputation: 4143
Quote:
Originally Posted by HolyGuacomole View Post
OK, here's my story to my knowledge I am not being investigated for anything and from my research usually p.a.l. is when you have done some sort of misconduct. I got a promotion to a new department which turned out not to be as good as I anticipated. Prior to that I worked at my company in multiple departments with good evaluations and such. In the "promoted" position I did not get written up or put on a pip, but I did ask to transfer early on because I saw the writing on the wall. In turn my boss basically extended my probation by a few months which prohibits me from transferring and means I can be terminated a lot easier if I don't "pass" probation.

Prior to the job I had health issues and my "new role" made those issues worse so I requested some job accommodations under the ADA. My employer responded by declining them and saying the only accommodation that could be made was a reassignment to a new dept. So about 30 minutes before the end of the day HR called me down and gave me a nice little letter that basically said that I am being put on paid admin leave to allow me time to find a position within in the company. They said that if I don't find a position within a certain time frame I'd be terminated due to non disciplinarian reasons.

So my question remains, has anyone ever made it back from paid administrative leave? Of course I have been dusting off my resume and looking at other companies, but prior to this new transfer my record is as clean as a whistle. The new job had a lot of issues and I was still new. Rumors are floating around at work that I just up and quit which is not valid although some of my bosses did try to torment towards the end so I would.

Thoughts?
It looks to me like they are following the ADA. You weren’t doing well in your “promoted job,” to the point thatcher extended your probation. There is no need to put you on a PIP. The purpose of probation is to determine whether you are a good fit for the position. You can be terminated for any reason (or no reason), except discrimination.

The timing of your request for an accommodation is “interesting,” to say the least. To be honest, it appears as though it was preemptive, because it tied the employer’s hand from letting you go. I am willing to bet that that is how they are viewing it. Nevertheless, you have certain rights under the law. If they cannot accommodate you in your existing position, the accommodation of last resort is reassignment.

You didn’t mention that they attempted to accommodate you in your new job - or that you had even requested that. Their job is now to search to see if there is any other VACANT position in the. Company for which you ARE QUALIFIED, and can perform with or without an accommodation. it doesn’t HAVE to be at the same pay. If they have one, they must offer it to you as an accommodation. If they can’t find one, then they can terminate you for medical inability to perform.

Here is my thought: you are asking the wrong question. The question isn’t whether people come back from PAL. It is whether companies reassign employees as a reasonable accommodation. The answer is, “it depends.” One significant factor (in my experience) is how much they value the employee. If you are a good worker, they will generally bend over backwards to try to either accommodate you in place, or find a suitable alternative. However, if you’re a marginal employee, or perceived as gamey, that search will be cursory at best.
They are not required to CREATE a position for you, and the determination of whether there is another suitable position is usually pretty subjective.

Only you know where you really stand with the company. If you’re in that latter group, i’d Be looking for new opportunities, because your days on the gravy train are probably short lived.

ETA: I just reread your post and see that you requested accommodations and they denied them and started the job search. I’d say your prospects are not good.

If you want advice on whether they are on solid ground, you’ll have to post more information about the job and the accommodation you requested. They have to have a reason for denying it. They can just arbitrarily deny it, or deny it as
Ammeans of addressing unrelated concerns (I.e. performance)
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Old 06-01-2019, 10:49 AM
 
43 posts, read 8,458 times
Reputation: 27
Quote:
Originally Posted by dmills View Post
It looks to me like they are following the ADA. You weren’t doing well in your “promoted job,” to the point thatcher extended your probation. There is no need to put you on a PIP. The purpose of probation is to determine whether you are a good fit for the position. You can be terminated for any reason (or no reason), except discrimination.

The timing of your request for an accommodation is “interesting,” to say the least. To be honest, it appears as though it was preemptive, because it tied the employer’s hand from letting you go. I am willing to bet that that is how they are viewing it. Nevertheless, you have certain rights under the law. If they cannot accommodate you in your existing position, the accommodation of last resort is reassignment.

You didn’t mention that they attempted to accommodate you in your new job - or that you had even requested that. Their job is now to search to see if there is any other VACANT position in the. Company for which you ARE QUALIFIED, and can perform with or without an accommodation. it doesn’t HAVE to be at the same pay. If they have one, they must offer it to you as an accommodation. If they can’t find one, then they can terminate you for medical inability to perform.

Here is my thought: you are asking the wrong question. The question isn’t whether people come back from PAL. It is whether companies reassign employees as a reasonable accommodation. The answer is, “it depends.” One significant factor (in my experience) is how much they value the employee. If you are a good worker, they will generally bend over backwards to try to either accommodate you in place, or find a suitable alternative. However, if you’re a marginal employee, or perceived as gamey, that search will be cursory at best.
They are not required to CREATE a position for you, and the determination of whether there is another suitable position is usually pretty subjective.

Only you know where you really stand with the company. If you’re in that latter group, i’d Be looking for new opportunities, because your days on the gravy train are probably short lived.

ETA: I just reread your post and see that you requested accommodations and they denied them and started the job search. I’d say your prospects are not good.

If you want advice on whether they are on solid ground, you’ll have to post more information about the job and the accommodation you requested. They have to have a reason for denying it. They can just arbitrarily deny it, or deny it as
Ammeans of addressing unrelated concerns (I.e. performance)
DMILLS very good advice. I have been told that I am very valuable and each position I applied for the Director has been communicating with the hiring manager about me being a high performer with good performance reviews. They have also said they do not like letting people go. As far as the timing of my accommodation, I know it looks really bad but before formally submitted my accommodations, I was telling my boss of my difficulties of my job and I was ashamed to divulge my condition. I also have a history of being treated by my physician for many years. The current role unfortunately turned out not to be a good fit and was making my condition a lot worse. I was also told that because I have been with the current company have institutional knowledge that they prefer to maintain current employees which is why they have been "talking me up" so to speak. As I mentioned before, I do not have a history of being a bad employee at all and have commendations from outsiders in my personnel file. I just thought the implications of PAL was bad. I also don't like the rumors floating around that I just up and quit.
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Old 06-01-2019, 10:50 AM
 
43 posts, read 8,458 times
Reputation: 27
Quote:
Originally Posted by RMD3819 View Post
Without getting too personal give us an idea of the accommodations you are requesting.

My first thought after reading your posts is you are being managed out. You are labeled a problem employee and this is their way of getting you gone. The clock is ticking.

Don't believe anything HR has told you. You have been blackballed. They even told you when your last day will be. HR is hoping you quit then they won't have to fire you. Either way their problem-you-is gone.

To answer your question where I worked paid leave was used in two circumstances:
-Failed drug test until the retest or prescription verification was completed.
-Any circumstance when they did not want the employee at work until they figured out how to get rid of them.

You are in the second example.
Good point as well. I guess if that is the case then I will at least allow them to terminate so that I can at least have the possibility of unemployment coming in.
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Old 06-04-2019, 01:29 PM
 
Location: East of Seattle since 1992, originally from SF Bay Area
29,768 posts, read 54,408,375 times
Reputation: 31058
I am only aware of two cases at places where I worked, both much more clear. The first was many years ago with a claim of sexual discrimination in hiring, and since the interview was recorded the paid administrative lasted only a week while HR and legal looked into it before he was fired.



More recently the same happened at a different employer, this time sexual harassment, and the investigation lasted about 3 weeks before he was fired.



Your situation is interesting because you have two things playing against each other, probation and ADA. With HR now involved I'm sure they have verified their actions with legal, so it doesn't seem like you have much of a chance. If you could afford it, this might be a good time to hire your own lawyer specializing in employment law on behalf of workers.
Maybe your city has a "legal aid" or Worker's Rights Clinic/helpline? Good luck.
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Old 06-04-2019, 07:18 PM
 
2,410 posts, read 687,207 times
Reputation: 3394
Sounds like you better do a stealth job search and find a job outside of that company. They're not on your side.
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