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 Author Thread: Question for anyone in HR
 medy8

Joined: 9/7/2008
Msg: 1
Question for anyone in HR
Posted: 10/2/2008 1:01:05 PM
Hey everyone,

Puzzling situation here, not sure what to do...

Been with current employer 2 1/2 years, Marketing Department...seen it pared down to 1/3 of what it used to be, all new management with new ideaology and attitude. Whats left of us, would not have been the first choice in hiring with these new passive, introverted managers. The old ones wanted balls and guts, and thats why we were hired.

So, 3 weeks ago, I was put on new antibiotics by the doctor for an infection. Almost immediately I developed moood swings, mainly depression. Already in a funk for getting dumped by a lady I knew for 8 months, I was a bit sad, but thought, man, I'm having crying fits, missing her so much! it got progressively woorse, to the point, I wanted to end it all because I was so upset all the time, mainly in the mornings and at night.
I went to the doctor and said, this is not normal, this is not like me at all, I'm actually feeling suicidal, over a break up, help me here, what should I do?
Doctor said nothing he could do, anti-depressants take 6 weeks to work, and if it happens again, to go to emergency.
Last thursday morning, it happened, like clock work, so I told the new VP I was going to emerg, hat I was distraught that it felt like my whole world had collapsed.

I went to emerg, was seen buy a bunch of people, and we determined that the depression/thoughts of suicide appeared right after I started the new antibiotic (vibramycin or Doxycycline by real name).
I quit taking it and that night, felt fine.
The twice daily episodes of depression coincided with having taken the pill twice a day, morning and night...
Been a week, i feel great, positive, energetic, still miss th eold girlfriend, but not like I wanna jump off the cliff for her

So, my employer, I told them what happened, told them I feel great, I'll be back at work monday ( (Sep 29)...they suspended me with pay, and want me to see a CAMH doctor Oct 9, and then will review my health, and either reintroduce me back into the workforce, or, offer me a package... WTF?????? I feel fine, it was a reaction to new meds...

So, to all the HR people....normal procedure here before firing someone???
 My I

Joined: 1/23/2007
Msg: 2
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Question for anyone in HR
Posted: 10/2/2008 1:37:15 PM
Well, I'm not an H.R. specialist but I do speak with a little experience regarding situations similar in nature. I was a union rep for a few years and represented some members with issue regarding their mental wellbeing.

The bottom line is that you are/were sufferring some sort of emotional distress and as a result you experienced some degree of depression and possibly other conditions affecting your mental health and your ability to perform your job. Your employee has that right to request an assessment/evaluation of your present state/condition. They also have that right to evaluate your ability to perform your job.

As long as you are deemed suitable to re-enter the workplace, there should be very little the employer can do to prevent you from re-entering and becoming an asset to the company. As long as you are able to perform your job without impacting others and as long as the companies business will not be affected by your condition, you should be able to return to work. There are laws preventing companies from discharging employees as a means to avoid the "nuisance" of an ailment. However, there are limitations as to an employer's responsibility to accomodate.

Search "Duty to accomodate" within the Ontario/Canada Human Rights legislation.

Each case is different. An employer can offer you a package but it doesn't mean you have to accept it. Assuming your assessment and evaluation is positive and it is deemed you can return to your job and they terminate you or refuse to re-employ you after rejecting their offer, you may want to seek legal advice.
 DJ_Lil_Jay

Joined: 9/11/2005
Msg: 3
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Question for anyone in HR
Posted: 10/2/2008 1:45:31 PM
Very good question and obviously your doc prescribed the wrong medication which resulted in these side effects. Did your doc prescribe the right medication after this?

How long were you off work for?

Perhaps they felt that your behavior while on the medication got in the way of being able to do your job.

Glad you feel fine now and I am sure you would be able to better function at work.

To me it sounds like your employer was doing the right thing as they felt your state of mind was a problem for you to do your job and possibly effect other employees.

Request to see the CAMH doctor sooner if possible and they can determine if your able to resume your job right away. You say your fine now so the doctor should agree!

Good luck!
 psssst

Joined: 6/4/2007
Msg: 4
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Question for anyone in HR
Posted: 10/2/2008 5:41:29 PM
I would very highly suggest that you get your doctor to fill out a medical form which will serve a dual purpose.

That, with your ROE will ensure you qualify for benefits through Employment Insurance (Service Canada - www.servicecanada.gc.ca) although you may have to go through a waiting period for benefits and it will ensure that you are covered under the Labour Law's sickness guidelines.

In order to terminate your employment, the employer must prove that you willfully disregarded company policy (doesn't seem like you did as all the factors were due to illness) or that you were a substandard employee prior to these events... although that will be very difficult for them to prove as this is only coming to light now. (Doctor's form will indicate the date of illness/absence)

I would also greatly suggest that you contact the Labour Board (Ministry of Labour - www.labour.gov.on.ca) and have a case file opened.

You should note that no employer can terminate your employment due to your contacting the Ministry of Labour with either complaints or inquiries.

Hope it all works out for you...
 Wilmo

Joined: 4/28/2008
Msg: 5
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Question for anyone in HR
Posted: 10/4/2008 5:16:05 PM
"Antidepressants & Suicide, FDA Warns
The FDA has warned that children and adults taking antidepressants can become suicidal in the first weeks of therapy and that physicians should watch patients closely when first giving the drugs or changing dosages. The FDA is asking drug manufacturers to place explicit warnings about the drugs' side effects, including the risk of suicide, on their labels.
http://www.medicinenet.com/script/main/art.asp?articlekey=31649

Edit: sorry , i misread that, you were on an antibiotic, not anti depressant. Still, side effects from these medications are usually swept under the carpet for a long time.

Oregano oil is a natural antibiotic if you still need that.
Question for anyone in HR
Posted: 10/6/2008 12:25:34 PM
WOW, what an experience.

Not in HR.

Hope things go well for you. Keep us informed.

Lucy
 Roscoe33

Joined: 11/5/2007
Msg: 7
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Question for anyone in HR
Posted: 10/7/2008 11:13:16 AM
I hope everything has worked out for the best, first did your boss do the right thing ?
If you follow this thru from his perspective, an employee comes in and says he is depressed and needs to go seek help ( hospital visit) what hppens if you say no" get back to work" and the employee kills himself ??
Management 101; cover your ass !!!!
you told your boss about a private medical condition he did't need the details of
( he 's not a Dr. )
The lesson I see hear is be careful who you open up to, make sure it's somebody who can do something ie; your prescribing Dr.
 sexyfunguy

Joined: 4/9/2005
Msg: 8
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Question for anyone in HR
Posted: 10/8/2008 10:02:01 PM
Opening up to your boss was a mistake. You work in a province that has a surplus of talented labour, and you go up to him and basically say to him that your ability to do the job is compromised.

Looking at it from his perspective, he can decide to do two things:

1) Tolerate it and suffer diminished work efficiency for an unspecified period of time
2) Fire and quickly replace you with somebody who is probably cheaper and would be able to get up to speed in a relatively short period of time

What would you do? More than likely he would fire you, and move on. Some would say that you could sue them, but this isn't a credible threat. The court system is bogged down as it is, and resolution of your case would be lengthy and expensive. In the meantime, what would you do for food and to pay all of those lawyer bills.

Even worse is the fact that he doesn't need a reason to let you go - ROEs are notoriously vague - but if he wanted to - he could just say that your work performance is not what it used to be. Now, you don't even have a reference to fall back upon because you burned your bridges trying to sue him.

Rule of thumb: NEVER ADMIT A PROBLEM TO YOUR BOSS - IT JUST GETS THEM WORRIED AND MAKES YOU LOOK WEAK
 EyesWideOpen29

Joined: 8/19/2008
Msg: 9
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Question for anyone in HR
Posted: 10/11/2008 10:14:47 PM
My advice..talk to an employment lawyer...most will see you for the first hour free of charge and advise you as to your rights!
 My I

Joined: 1/23/2007
Msg: 10
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Question for anyone in HR
Posted: 10/12/2008 12:14:02 AM

My advice..talk to an employment lawyer...most will see you for the first hour free of charge and advise you as to your rights!


^^^^ I agree. I mentioned seeing a Lawyer in my previous post because I see too many holes in your story - for the benefit of management.

I'm not a mangement figure but I could argue your claim rather easily. My main points of argument would be:

- you're a 2 1/2 year employee who is disgruntled.
- You have a low opinion of the management team.
- You don't approve of the company changes.
- Your private life is interfering with your ability to perform secular responsibilities.
- You made a self assessment that you're suffering from depression.
- Your Doctor said there is nothing he can do for you.
- You went to the Emergency room Doctor for other professional help rather than a clinic/facility that specialises in these type conditions.
- When in the Emergency Room you claim that "We" determined it was depression.
- Given the fact your family doctor has a history with you and could not help you, I, as a (hypothetical) manager would question the diagnosis/prognosis of E.R. doctor(s) who, for all intents and purposes, are total strangers to you and your situation. Hence, the concern when you claim: We determined
- I would question the purpose of you seeing a "Bunch of Doctors". It kind of suggests you were exploiting our health care system until you found a doctor who told you what you wanted to hear...... you've now tarnished your Family Doctor's reputation with your employer. **not wise**
- antibiotics don't disappear from your system that quickly. I'd question your contention claiming you felt fine "That night".


My conclusion (if I were a manager):

You were depressed over the break up with your girlfriend and you sought time off work to deal with your depression. I also conclude you are masking your depression and placing culpability on an anti-biotic. You have seen many doctors for a diagnosis yet you have not seen a professional who specialises in mental health issues.
As an employer, I would demand a proper assessment in order to ascertain the capacity of your mental health and your ability to deal with mood swings, depression, etc.


My advice as a POF member:

- Don't ever put information like this on the internet.
- Stop waisting tax payers money.
- See a Lawyer.
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