I work at an assisted living facility and I am being forced to work a job I can’t.

35 Comments

1. AprilOctober 2,2023 at 2:21PM UTC

   Could you get a doctor's note that states you cannot complete certain tasks? If the contract is a written one then the company needs to honor it. Any verbal agreements could begin and end with the former boss but not something in writing.

2. AnonymousOctober 2,2023 at 3:19PM UTC

   I can get a doctors note. However, this happened last December so I do not know if they would still count as an injury. The contract I signed is a written contract which states I can not do the task I’ve been assigned.

3. AnonymousOctober 2,2023 at 2:40PM UTC

   Sue? First, do you have an accommodation that will protect you with certain physicals tasks, in that contract or is it vague? Who signed off on that? And do you have that signed agreement with decision leaders. You can take it to their immediate manager to address. Take these steps before jumping to sue, you need to understand the breadth of that agreement, even legally, etc. If that leader makes themselves unavailable then go to HR to discuss, not accuse, discuss. Often I see people jumping to threatening actions without really trying to partner with the right people first.

4. AnonymousOctober 2,2023 at 3:18PM UTC

   It is in the written contract stating “unable to do the task due to back injury”. I have spoken to hire management at the facility and they also say get a doctors note. I will try to communicate with the outside cooperate office and see how that goes.

5. AnonymousOctober 3,2023 at 1:54PM UTC

   Excellent! They should have an ADA coordinator who can instruct you on next steps.

6. AnonymousOctober 3,2023 at 2:32PM UTC

   Great comment - especially not jumping to sue off the bat, discuss not accuse.

7. AnonymousOctober 2,2023 at 4:24PM UTC

   Have you doctor give you a,note that says you cannot perform this task with further injury to your back. Then file that with HR or management and request accommodations. You will then be protected against retaliation by this boss since you have filed all your paperwork and put the company on Notice.

8. AnonymousOctober 2,2023 at 4:41PM UTC

   Doctor's notes are for little children.

   Without an ADA accommodation that your employer (not your supervisor) and doctor have agreed to, your back issue is not covered. Look into that ASAP! Start with your doctor, and find out who your ADA person is. Most care facilities are corporate nowadays, and the ADA person will be in H.R. That person will be required to come up with a set of job duties that is reasonable from both points of view.

   Another option is FMLA, either an extended time off (using sick leave, and then unpaid leave after sick leave runs out), or intermittent leave, when your back hurts.

   Since you have already attempted to resolve things with your supervisor, now is the time to go to her supervisor and if that person will not fix things, go to H.R.

   Nursing is notorious for bullying, so prepare for them to find legal ways to make your life miserable.

   Meanwhile, keep looking! Check places like temp agencies and craigslist, and be willing to do something different for awhile until something more suitable comes along. You'll be okay. You're a helper, and people need help!

9. AnonymousOctober 3,2023 at 1:22PM UTC

   Doctors notes are NOT "for little children." She has a contract and she has back pain. Stop putting all the onus on this poor, likely underpaid person. God forbid I end up in a facility like this when I am old. I don't want to live that long such that I relinquish all control to someone who sees me not as a person but a burden. Care for seniors is so expensive yet we pay people who provide this care terribly. Who gets that money? A good boss treats all staff fairly. And with respect.

10. AnonymousOctober 3,2023 at 1:53PM UTC

    I have had an ADA accommodation, and there is much more to it than a "doctor's note." Implying that a "doctor's note" will fix the situation in the same way it does when exempting a kid from gym class for a few days is belittling to the adult situation.

    Yes, a good boss treats people fairly, but the law doesn't force them to do it, and a doctor's note can be ignored by a boss. ADA is a very specific law with specific steps, and doesn't even apply in every situation.

11. asmith13October 3,2023 at 2:52PM UTC

    100% agree with you. If an employee brings me a doctor's note I can't do anything with it--I have to have them go through the interactive process with the third party provider we have for that purpose and THEN see if we can accommodate the restrictions.

12. AnonymousOctober 3,2023 at 1:57PM UTC

    Thank you. I will look into these options. I have applied to other facilities and I hope to get something soon.

13. AnonymousOctober 3,2023 at 1:57PM UTC

    Except for the doctors note and nursing bullying comments, I agree with this post.

14. Darlene MirtoOctober 3,2023 at 12:12PM UTC

    Is this based on an old workers comp injury? You can file a comp claim. But yes go to corporate if it’s in your contract.

15. AnonymousOctober 3,2023 at 1:54PM UTC

    Yes. It is a workers comp injury from another facility that I worked at.

16. Kimberly AnneOctober 3,2023 at 12:41PM UTC

    I would leave. I had a few bosses like this and no amount of money is worth the early grave.

17. AnonymousOctober 3,2023 at 1:14PM UTC

    There is a shortage of long term care workers. I would find another job.

18. Sarah ROctober 3,2023 at 1:55PM UTC

    Go apply elsewhere. I hire for caregivers and they can be hard to get. You can find a better job.

19. AnonymousOctober 3,2023 at 2:33PM UTC

    If you were granted an accommodation it stays in effect even if there is a management change. Since the accommodation is written into your contract, you can file an EEOC complaint, as it is against ADA mandates.

20. AnonymousOctober 3,2023 at 2:41PM UTC

    Do you have a weekly or biweekly 1:1? Those meetings should be documented, so a 1:1 is a great way to address this (if you have not already) in a non threatening approach. Request a meeting with HR as well, HR should have that 1:1 documentation as a reference. Remember HR is there to support you, and HR should pick up on the fact that your mgr needs couching / training. As many have commented, these positions in care settings are very hard to fill. I wish you the best, and appreciate what you are doing to care for others.

21. AnonymousOctober 3,2023 at 3:13PM UTC

    It sounds like you're facing a challenging situation. Here are a few tips I'd employ starting immediately:

    Document Everything: It's crucial to document all communications, including dates and content, concerning the job assignments that are in violation of your contract. This documentation can serve as evidence should you decide to take legal action or file a complaint

    Consult the Contract: Review the employment contract closely to understand the terms and whether the employer is indeed in breach. You might also want to consult a legal advisor for a better understanding of their options.

    Talk to HR: Before taking drastic steps like suing or filing an EEOC complaint, it might be wise to engage Human Resources in a dialogue. If there's a violation of contract or discrimination due to your back injury, HR should step in to rectify the situation.

    Leverage Employee Networks: If you have allies or mentors within the organization, it might be helpful to discuss the situation confidentially to get their advice or support.

    File an EEOC Complaint: If all else fails and it's clear that your rights are being violated, particularly if the back injury is considered a disability under the law, you could consider filing a complaint with the Equal Employment Opportunity Commission (EEOC).

    Look for Other Jobs: It sounds like you're already doing this, but I'd emphasize this as a longer-term solution. Sometimes, the best way to deal with a toxic work environment is to leave it if possible.

    It's important to note that while voicing concerns about a manager's performance is valid, doing so in a manner that simply "rails against the boss" may not be the most constructive approach. It may reflect poorly on you, and it might not get the results you're looking for. Instead, framing the concerns in terms of contract violations and potential legal issues will be more impactful.

22. AnonymousOctober 3,2023 at 11:07PM UTC

    Time to refresh your doctors note. Definitely be sure that you share that with her, her manager and also HR. Let them know that you need what is called an accommodation and that you can no longer do any lifting at all. If need be file a formal complaint with the EEOC if they try to retaliate against you.

23. KeishaOctober 4,2023 at 2:34AM UTC

    Yup, been there...give it a year , call corporate if there is one..best to you

24. AnonymousOctober 4,2023 at 4:04AM UTC

    I would report this to corporate. Also, not sure what the case is where you are but in my area most assisted living facilities are desperate for good staff members so hopefully you can find a new job soon.

25. Kimberly McKenzie-KlemmOctober 4,2023 at 12:38PM UTC

    Report the actions to corporate but be ready for things do not get better because of it. If there is personal animosity, reporting will increase it. I would hang in there until you find a new job, but you definitely need a new job.

26. Tonia D. WoolfolkOctober 4,2023 at 12:45PM UTC

    I am responding as a state government employee that has 15 years of experience in licensing and regulations. The facility that employs you is required to be licensed and regulated by the proper state boards. They are required to meet certain standards or they are subject to negative action by the regulatory board or multiple regulatory board. In Virginia the agency that I refer people to that are having employment issues such as yours (specifically being asked to perform duties that you shouldn't because of your back injury that is documented in your contact) to the Department of Labor and Industry. I don't know the name of the equivalent agency in your state but the name should be similar to what we have in Virginia. Contact them and let them know what you reported here. They will send someone to the facility to investigate. If they determine that your complaint is "founded" the facility will have to comply and it will be out of your manager's control. We hear these types of things all the time. When reported, they are taken very seriously. You also need to contact OSHA (Occupational Safety & Health) in your state and file a Notice of Alleged Safety or Health Hazard form. You may be able to do that online. Please protect yourself. My mother was a nurse and hurt her back lifting and moving patients all the time. It's an occupational hazard that is preventable... especially since you already have it documented.

27. Amy McWilliamsOctober 4,2023 at 1:02PM UTC

    I would get a doctor's note and then make sure she and HR have a copy of your restrictions. If they continue to make you go against your drs note, refuse, report to coorporate.

28. Kamaria AbdullahOctober 4,2023 at 1:15PM UTC

    Report to corporate ASAP!!

29. G C HesseOctober 4,2023 at 1:27PM UTC

    Go out on medical leave....they can't do anything for at least 30 days.

30. AnonymousOctober 4,2023 at 1:57PM UTC

    You shoud have an omsbudman in your facility. Speak to them about this which seems like a violtion of your contract.

31. Scharmel MitchellOctober 4,2023 at 2:32PM UTC

    I'm very sorry you are going thru this horrible situation. I can understand your pain and frustration. First, you need to make sure the communication with your old manager was documented. This could be an email whereby the old manager responded by stating your are excluded from performing duties that negatively impact your physical health. Or, a notation was placed in your employee file which mentions the same thing. Second, you need to know your rights, the Labor Rights, of the state you live and work in because in this country they vary from state to state. Then there are Federal Labor Laws. Since you wrote "your contract" this tells me you are not a permanent employee of the facility, OR, the facility hired you as a contract employee. Which means you do not have the same rights as a permanent employee. Meaning you cant just go out on medical leave. Unless in your contract you were given the same medical benefits as a permanent employee. This is why you need to know what are your rights, from a labor standpoint as well as medical. Third, you need to contact the agency in your state the handles Workers Compensation. Find out what aid this agency can provide since the "emotional stress" from the hostile working environment your new manager has created. Also, the additional damage to your back injury from these job duties/tasks. Fourth, make sure when you see any of your doctors to convey how the hostile working environment along with the additional strain on your back injury has and is affecting you. Make sure you tell them to put this in your medical records. Fifth, keep documenting everything: date, time , and who said and did what to you. So that even if the facility and your doctor(s) do not have records -- you have logged a history of everything that has contributed to the decline in your health (physical and mental). Then you find a qualified lawyer to discuss possible lawsuit

32. Sarah MuddOctober 4,2023 at 2:49PM UTC

    I think it would be wise to reach ou to an ombudsman or HR. You may have grounds for accommodations for a disability.

33. AnonymousOctober 4,2023 at 2:53PM UTC

    I recommend getting a Dr note that specifies that you are unable to perform the physical duties that have been asked of you. If the Dr note says that you are unable to perform those duties, you may be able to get a medical accommodation approved. Also, does your job description state that you are required to complete "other duties as assigned"? If so, those physical duties could fall under that category. Make sure you are documenting everything.

34. AnonymousOctober 7,2023 at 12:47PM UTC

    I have never seen a job description that does not say “ other duties as assigned.” What you need is a reasonable accommodation. It is a law for them to provide it to you if it is not a hardship to the company you work for. You must go to the doctor and have the appropriate paperwork completed and send it to HR.

35. AnonymousOctober 4,2023 at 2:57PM UTC

    Recommend following the advice of those stating to report to proper authorities like Dept of Labor/OSHA; however, I would say to not treat it emotionally at work. State to your superiors that they are in violation of your contract and if it is not corrected immediately/same day, then you will be taking further action as recommended by others. The he said/she said/drama/opinions really undermines the fact that you are being imposed upon. If you already have severe backpain from the contract violation try workers comp also. I hope it works out for you asap.