MyMigraineConnection.com

See all our sites for your special health needs at www.HealthCentral.com

Migraine

Make a connection, ask a question, share a concern, give advice or just chat. Our message boards connect you with a community of people who understand where you’re coming from and what you’re going through.

    Migraine Community  Hop To Forum Categories  MyMigraineConnection  Hop To Forums  Advocacy Issues    FMLA Question - NJ
Page 1 2 

Read-Only Read-Only Topic
Go
New
Find
Notify
Tools
FMLA Question - NJ
 Login/Join 
Supreme Guru
Picture of Eileen Gray
posted
Ok guys I'm thinking of possibly having to file for the FMLA - due to the fact that I cannot work in my current conditions.

Nothing is being done about "perfume girl" and she is being spiteful and boss does not see it that way.

Question is:
My actual office is less then 50 people, but my doctor group owns another site, which would bring that to above 50 people including their employees and the doctors. Does that count?

Also - If one was to push a lawsuit - there I said it! On my employer for these conditions, since I have documentation of how often this girl has been spoken too, and my boss does not, would I even have a case? I have many people in my office on my side who said they would back me up if it comes to this. I've been at my job for almost 9 years. "Perfume girl" has been here for one.

This work enviroment is becoming harmful to my health and being told well "as long as you have your Frova" is not acceptable. I SHOULD NOT even have to be in pain, or even have to worry about the possibility of pain caused by another employee while at work.

Any thoughts? Suggestions?

Anything you can give me is much appreciated!! Big Grin


Eileen Gray



"The most authentic thing about us is our capacity to create, to over come, to endure, to transform, to love and to be greater then our suffering." - Ben Okri
Please donate!!! Click below to donate to the AHDA - THANK YOU!!!
http://www.networkforgood.org/....aspx?badgeId=102755
my blog: http://fireinmybrain.blogspot.com
 
Posts: 3155 | Location: Hopatcong, NJ | Registered: 09-08-2007Report This Post
Grand Wizard
Picture of nutmegan
posted Hide Post
Eileen honey -
I think you really had better talk to an attorney! Maybe Diana can help you at least get started with who to talk to? I will also ask around - I know a lot of attorneys in NJ and may be able to help you find someone. In terms of the technical requirements of the act, whether the group is big enough to qualify - you probably need an expert for that. In terms of a lawsuit - you're asking an evidence question. To my ears, the fact that you documented and they did not shouldn't effect it - you have evidence and they do not. It's ultimately a question of whether a judge or jury would accept that evidence - and you need an expert in these types of cases to answer that.

I see 2 things - 1 is that even applying for FMLA seems unfair, as you are being forced to do that by their failure to address the situation, and FMLA is unpaid leave, right? Maybe you can use FMLA as a bargaining chip with your employer. Also you can use a lawsuit as a bargaining chip. And uncomfortable as it may be, before doing any of this, you may need to confront your employer and say this is what you are pushing me to - you are supposed to accommodate me at work, not force me deeper into illness. Sometimes just a letter form a lawyer, without filing anything, can make an employer take things seriously! Anyway, I feel very strongly about this, but I don't want to pretend to give legal advice. Your employer is Wrong about this!

- Megs



Please visit my blog: Free my Brain from Migraine Pain

 
Posts: 2482 | Location: New Jersey, USA | Registered: 12-23-2007Report This Post
Wizard
Picture of Katinthecorner
posted Hide Post
Hi Eileen:

I vote with Megan. Talk to an attorney. My understanding is that migraine qualifies under the American's with Disabilities Act at least to the extent your employer is required to make reasonable accomidations for your health. Banning perfume/cologne in the workplace for everyone is reasonable. Many companies do this.

I think you should explore that option before taking an unpaid leave under FMLA.

Good luck with that and keep us posted.
 
Posts: 1920 | Location: Jersey City Nj | Registered: 01-15-2008Report This Post
Grand Wizard
Picture of Cindy
posted Hide Post
Eileen,
I have to agree, it's time to see an attorney and take your company policy manual with you along with your documentation.

Perfume Girl has always angered me, but hearing your employer suggest that as long as you have Frova it should not be a problem really hit a nerve with me. Employers suggesting to someone when to take a medication is just wrong. And to put an employee in a work environment that creates that situation is even worse.

Good luck and take care,

Cindy
 
Posts: 2136 | Location: Fairfield, CA (San Francisco Bay Area) | Registered: 01-10-2008Report This Post
Supreme Guru
Picture of Eileen Gray
posted Hide Post
Yes, I believe as of right now FMLA is unpaid, till next year, I think the state changed it to 2/3 your income.

But - girlfriend has been contributing to AFLAC!!!! Yep, so I will still get paid, granted not as much as I make now, which is still nothing, but at least I know sitting in my home, I don't have to worry about a perfume triggering me.

I have very few triggers. This girls perfume is my worst. If I get a migraine from it, they usually last for days and almost put me into SM. The only other time I may possibly get this way is when it's menstrual.

I avoid all my other avoidable triggers, foods, drinks, etc. The fact that I cannot avoid this one and I am being forced to work with it, because she cannot follow rules - is disrespectful and spiteful. And it will end - if by lawyer or restraining order!!! What else am I supposed to do??!!! I HAVE to work, this IS my job - it was my job first - she has been spoken to about this at least 6 times - 6 TIMES!!! Mad what gives???


Eileen Gray



"The most authentic thing about us is our capacity to create, to over come, to endure, to transform, to love and to be greater then our suffering." - Ben Okri
Please donate!!! Click below to donate to the AHDA - THANK YOU!!!
http://www.networkforgood.org/....aspx?badgeId=102755
my blog: http://fireinmybrain.blogspot.com
 
Posts: 3155 | Location: Hopatcong, NJ | Registered: 09-08-2007Report This Post
Guru
Picture of MaxJerz
posted Hide Post
Eileen, in addition to talking to Diana Lee, try the attorney at this website: http://www.advocacyforpatients.org - she may be able to help you out as well.

I am so sorry you have to deal with this. You should not be forced to apply for unpaid leave because of someone else's idiocy. There, I said it, idiocy! Because how many times do you need to talk to someone about something like perfume? My PCP's office doesn't even allow patients to wear it for their appointments, so it is not an unreasonable accommodation to make in this day and age.

Just remember to keep documenting all of your conversations with everyone at work. Emails do count in the courtroom if it comes to that.

One last thing to add - in your shoes, I think I would write an official letter to your boss/his higher-ups letting him know the status of the PG situation. Let them know what the problem is, what action has been taken so far, what has not happened (she still stinks) and what your next steps will be. Be very clear and firm. This will only help your case.

Hang in there, honey. If I could take my frying pan over there, I would. Group Hug Heart Group Hug


-MJ

my blog: http://rhymeswithmigraine.blogspot.com

"What will you do, if it does not turn out how you expect?"
"I do not know. Nor shall I worry about it until it happens. I still have an action left to take; until I have exhausted it, I shall not despair." - Robin Hobb, Assassin's Quest
 
Posts: 2833 | Location: western WA | Registered: 06-01-2007Report This Post
Grand Wizard
Picture of nutmegan
posted Hide Post
Eileen it's great that you have AFLAC - but you should not have to deal with this! You should not lose a penny my friend!! Excuse me but it's like your boss is letting someone in the office smash your knee caps and then saying "Oh, well, don't make waves, you can use unpaid leave and at least you have medication for the pain..."

I know it is hard to be confrontative with people you work for. That's why getting back up from a lawyer right now might really help - you'd have a better picture of your rights, and more confidence in how to deal with it. Okay, call me a broken record, but I'm ready to drive up there with my frying pan right now. Unlike MJ, I am close enough by to actually do it!

Devil - megs



Please visit my blog: Free my Brain from Migraine Pain

 
Posts: 2482 | Location: New Jersey, USA | Registered: 12-23-2007Report This Post
Guru
Picture of MaxJerz
posted Hide Post
I've been trying to think of a good analogy here for this situation, and this is the best I can come up with. It would be like if your boss was forcing a diabetic to eat sugar every day and saying "oh, at least you have your insulin". NOT acceptable!! Devil


-MJ

my blog: http://rhymeswithmigraine.blogspot.com

"What will you do, if it does not turn out how you expect?"
"I do not know. Nor shall I worry about it until it happens. I still have an action left to take; until I have exhausted it, I shall not despair." - Robin Hobb, Assassin's Quest
 
Posts: 2833 | Location: western WA | Registered: 06-01-2007Report This Post
Wizard
Picture of Katinthecorner
posted Hide Post
quote:
Originally posted by nutmegan: Okay, call me a broken record, but I'm ready to drive up there with my frying pan right now. Unlike MJ, I am close enough by to actually do it!

Devil - megs


ROTFL! Pick me up on the way! Let's take firehose to perfume girl while we're at it!
 
Posts: 1920 | Location: Jersey City Nj | Registered: 01-15-2008Report This Post
Grand Wizard
Picture of Cindy
posted Hide Post
I wanna come too!!! You guys can't have all the fun with PG. Eileen can't do to her what we can. How about a doll we poke pins into???

None of this is professional, but I am tired of this woman and how this company is treating you Eileen. It is ridiculous. From what you originally wrote it sounds like a significant number of your migraines would be eliminated if this woman would just not wear perfume. It so angers me.

Cindy
 
Posts: 2136 | Location: Fairfield, CA (San Francisco Bay Area) | Registered: 01-10-2008Report This Post
Supreme Guru
Picture of Eileen Gray
posted Hide Post
Oh yeah Cindy, I'd have about half as many as I do now.

I've had my migraine frequency cut in half with the preventive treatment I'm on now (Topamax and Amitriptyline), along with magnesium, melatonin and such. So if "stinky" as my coworkers are calling her now, would give up the 'ode de smell - I'd have a heck of a lot less.

I'd probably be down to Teri numbers!!! Head Banging


Eileen Gray



"The most authentic thing about us is our capacity to create, to over come, to endure, to transform, to love and to be greater then our suffering." - Ben Okri
Please donate!!! Click below to donate to the AHDA - THANK YOU!!!
http://www.networkforgood.org/....aspx?badgeId=102755
my blog: http://fireinmybrain.blogspot.com
 
Posts: 3155 | Location: Hopatcong, NJ | Registered: 09-08-2007Report This Post
Forum Moderator
Supreme Guru
Picture of LauraP
posted Hide Post
Eileen,

I can't believe the nerve of Perfume Girl! She should be sent home every time she wears that stinky stuff! You're 100% right, you shouldn't have to put up with this nonsense.

Please keep us posted on how everything is going, k?

Group Hug Heart Group Hug


Laura



 
Posts: 3853 | Location: Virginia | Registered: 05-17-2007Report This Post
Grand Wizard
Picture of Cindy
posted Hide Post
Eileen,
How is work going this week?

Cindy
 
Posts: 2136 | Location: Fairfield, CA (San Francisco Bay Area) | Registered: 01-10-2008Report This Post
Supreme Guru
Picture of Eileen Gray
posted Hide Post
So here is the latest:

The girl and I had a long talk today. She felt I was ganging up on her, because you know how offices are, once someone gets wind of a problem, "problem makers" in the office like to blow things up and make them bigger then they really are.

She felt picked on, I felt disrespected, like she was wearing the perfume out of spite. She is taking a heavy course load and her schedule ahd just changed, ironically the same week my boss was on vacation. So I thought she was being spiteful, when, in fact, it was just her schedule was off and she was adjusting and forgot about the perfume.

It really just must be this girl and her body chemistry and this perfume, because she said the perfume is Calvin Klein Euphoria, which ironically DH wears the male version and I've smelled the female version and it smells NOTHING like what it smells like on her.

So she gave the perfume to her sister and she said she won't wear it anymore. She even asked me if the one she was wearing today was o.k.

So I think the whole deal is resolved. I hope so a least.


Eileen Gray



"The most authentic thing about us is our capacity to create, to over come, to endure, to transform, to love and to be greater then our suffering." - Ben Okri
Please donate!!! Click below to donate to the AHDA - THANK YOU!!!
http://www.networkforgood.org/....aspx?badgeId=102755
my blog: http://fireinmybrain.blogspot.com
 
Posts: 3155 | Location: Hopatcong, NJ | Registered: 09-08-2007Report This Post
Maven
Picture of Heather
posted Hide Post
Eileen,

I was just catching up on this. Sounds like you've got it resolved. I'm hoping so for your sake. I'm sorry it's taking this long. I still think that your boss should have been more supportive.

Also, PG should have been more receptive to the problem sooner.

Group Hug


Heather
Living one day at a time; Enjoying one moment at a time; Accepting hardship as the pathway to Peace.
 
Posts: 631 | Location: Grand Prairie (Dallas), TX | Registered: 03-27-2008Report This Post
  Powered by Social Strata Page 1 2  

Read-Only Read-Only Topic

    Migraine Community  Hop To Forum Categories  MyMigraineConnection  Hop To Forums  Advocacy Issues    FMLA Question - NJ

We're New and Improved! LEARN MORE
Get our Free Newsletter