Letters, I get letters and phone calls and faxes and e-mail about the world of work:
Q. Since 1999, I’ve been suffering from carpal tunnel syndrome, which I got from working on a computer. My bosses denied me workers’ compensation and also recently fired me, leaving me with no income, no insurance–and no reference. Is that legal?
A. I’ve been getting an increasing amount of correspondence from distraught workers who have developed repetitive stress injuries on the job and then were fired because they could no longer perform their jobs. What are their rights?
“If you’re terminated for not being able to do your job, it’s not illegal–every law that pertains to employers requires employees to be able to do their job,” said Sheribel F. Rothenberg, a Chicago attorney specializing in workplace issues. “If you can’t perform, you’re out of there.”
However, you may be protected under the Americans With Disabilities Act. And you probably should be able to qualify for workers’ compensation. “If you can prove your injury developed on the job, you should be compensated,” said the attorney. “You need to file a claim for workers’ compensation with the proper state authority and retain a lawyer who specializes in workplace injuries.”
Q. Is there a list of companies that allow their employees flexible hours? I’d sure like to work for one.
A. There is no such list. You might want to do a keyword search on the Internet for articles about firms that do allow it. They’re still, unfortunately, in the minority. However, even if the company you work for has no formal policy concerning flexibility, you still can negotiate your own deal.
Q. I keep getting the runaround from a potential employer. They’ve offered me the job one day and the next day called back and said it wasn’t available. I’m frustrated by this and tempted to tell them to go jump in the lake, but there aren’t many job openings where I live. Should I continue to try to get a job with them?
A. Offering a job one day and retracting it the next is very odd. You might want to forget about this company, no matter how scarce jobs are, because obviously they are either unethical or don’t know what they’re doing. Also, an oral job offer is a contract and you could sue if you want to. But you might be wiser just to keep looking elsewhere.
Q. I’ve held several part-time jobs over the past five years for extra income. Is it OK to leave them off my application for a full-time job? They might be considered a negative because some of them involved moonlighting.
A. Don’t put them on your resume if they don’t pertain to the job you’re applying for. I, for one, would give you credit for being so hardworking, but some employers might consider moonlighting a negative. And if you do list some of them, just give the years you were employed, not the hours.
Q. It’s bad enough to be laid off, but my bosses refer to non-management people they’ve had to let go as “dip downs.” I don’t like to hear it. Is this common parlance in the workplace? It certainly doesn’t mesh with all the upbeat lingo about being fired that most managers use.
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A. I’ve never heard the phrase before–and I collect the many so-called gentle euphemisms for “downsizing.” This one is unkind, unlike the others that try mask the fact you’ve lost your job. You’re right to be offended by it.
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Carol Kleiman’s column also appears in Tuesday’s Business section. Watch her Career Coach segments Sunday and Tuesday mornings on CLTV. Send e-mail to [email protected].