AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question QUESTION: Mr Chou,
I work as a maintenance mechanic in a union hospital and have been an employee for 28 years. This hospital is a private, non-profit corporation. I will try to give you a brief preview of my current work situation as well as my personal issue before asking my question.
Over the course of the past few years my job responsibilities have literally doubled, and as a result I have developed some health issues due to the increased stress levels. I have chronic severe migraine headaches, hypertension, chest pains, skin rashes, hair loss, dizziness, and a host of other symptoms. I have been to many doctors and it seems none of them can pin down an exact diagnosis as to what exactly is wrong with me. All they want to do is prescribe medications, and all of those drugs cause various side effects, which tend to make my symptoms worse. And all those drugs are for symptoms only, and do not address the cause. Incidently, I am fundamentally against taking drugs as I believe chemicals aren't natural and do harm to our body, although I did try to see if they would do any good. 90% of them didn't. Although since my blood pressure was dangerously high I did begin taking an antihypertensive on a regular basis. Today my blood pressure is near normal but that is the only thing that has improved. I have had blood tests, stress tests, EKG, CAT scans, and all of them were normal, so according to doctors there is nothing wrong with me. One doctor even suggested I was imagining my symptoms and asked if I had ever been to a psychiatrist!
After going through a series of different specialists, I decided to seek out an alternative medicine practitioner. After all, medical doctors couldn't tell me anything, and all they wanted to do was prescribe drugs for my symptoms. So what harm could a holistic or naturopathic doctor do me?
I found a holistic doctor in Kentucky who had a sophisticated diagnostic device called a "harmonic translator". This device reads brain waves through the tone of your voice (after speaking into a microphone), and then it tells you everything going on in the body from head to toe. The diagnosis for me ran the gamut; from depression, to magnesium deficiency (due to high stress),to toxemia, to pre-cancer cells. Stress causes the body to secrete a hormone called cortisol, and this hormone not only causes weight gain but also creates a lot of toxic buildup in the body. If it hadn't picked up on some old football injuries I would not have been so quick to believe in it's effectiveness. But it detected an old neck injury, a broken ankle, as well as ear infections, and other things I have had in my lifetime. So it seemed very accurate.
My problem as it relates to my job is that since he is not a medical doctor, and since I work in a medical hospital, they do not believe that anything is wrong with me. And they are especially reluctant to take the word of a holistic doctor, as they do not consider him to be a REAL doctor. I miss work regularly due to severe migraine headaches, as they make me dizzy and sensitive to light. It took a long time, but I finally found a medical doctor to sign me up for FMLA (Family Medical Leave Act) to protect me from reprisal from my bosses, as they were writing up reprimands left and right. By the way, other employees who miss work as often or more than me DO NOT get reprimanded. So in my mind I beleive they have a vendetta against me due to my chronic absences, as well as the fact that I am protected by law.
As recently as last Friday it was brought to my attention that our bosses are giving us 45 days to see a doctor of THEIR CHOICE to get diagnosed, and it applies to anyone who has any physical limitations or issues regarding health that may prevent us from performing our job. It is my understanding that since I am covered by FMLA I am protected, but I was told that I can be forced to see their doctors for a second opinion, and can be reprimanded or charged with insubordination if I do not comply.
So my question is this: Can they do this? And if I should be forced to work with a severe migraine, and as a result get injured because of the dizziness and lack of coordination it causes, would I have legal recourse? I was recently told that it is no longer an option to sue an employer.
Sorry this letter is so long, but I wanted you to get a good picture of what I am facing. What are your thoughts?
ANSWER: Thank you for your question!
In my answers I always note that mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.
The case you describe here is common unfortunately. Note that this dispute may have legal entanglements and you may wish to consult an attorney. I am not a lawyer and cannot speak to legal questions, but I can answer your question from my consulting experience.
Well I am sure that you can understand that organizations seek to try to come up with rules that they can apply universally in order to be fair and to be uniform in how they treat people. I am sure that you would agree that you couldn't get a medical evaluation from just anyone you wanted. So try and be understanding if the organization is choking on your atypical presentation.
That said, your presentation and treatment regimen are legitimate and not some attempt to just screw the company. As you are presenting the company with a BUSINESS problem (namely, the cost of your employment versus the value you are providing the company) you must do two things.
First, you must make every effort to be sure and actively recognize the company's position and meet their expectations. Acknowledging the spot they are in would be good, and also acknowledging that you are trying to continue to do a good job. Make sure your behavior while on the job is spectacular and make sure people know you are trying to compensate for your absences, etc.
Second, you need publicity. Make sure your case is highly public. Dealing with the negative effects of a public firing is also a business problem and setting this bar high will have a deterrent effect. Use employee advocacy groups and anyone who will listen to your story.
Be sure that your publicity is not a weapon against the company (unless necessary) so that you don't inadvertently weaken your position and get into an adversarial position.
In the meantime, do all you can to demonstrate that the treatment you are on is working and that the company will benefit most be leaving you alone to hasten your healing.
I cannot say if there requirements are legal or not. You should have a Union rep who can consult with you about your contract and help you determine what is permissible. But generally, as long as EVERYONE of the same status is treated the same way, often requirements such as these are permitted. Your collective bargaining agreement will be more specific.
These are some ideas. Feel free to follow up with additional questions.
For your general information, the pros and cons of the types of dispute resolution methods follows.
GOOD LUCK!
Arbitration, Mediation, and Litigation
Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system
Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships
Negatives of Arbitration
It's a compromise, no 0 winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process
Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.
Benefits of Mediation:
Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions
Negatives of Mediation
may not reach a binding decision
possible unskilled mediator
Litigation: using the judicial system to resolve disputes
Benefits of litigation:
a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final
Negatives of Litigation:
waiting for court dates can do more harm
usually more expensive than mediation and arbitration
part of the public record
---------- FOLLOW-UP ----------
QUESTION: Mr Chou,
Thank you very much for getting back to me so quickly, and for your lengthy and detailed response. There are a couple of points I failed to include in my previous letter.
You mentioned creating an 'adversarial position', well I believe I have already crossed that line. About 6 or 7 months ago I was at the end of my rope, severely stressed because of an overwhelming workload, so I approached the assistant director of our dept. to ask for help. I took with me all the paper work and log books (records) that I keep regarding the job duties I perform as proof of what I do, and they were quite a handful. This is to prove how much I have accumulated over the years. Normally he is unaware of what the men's responsibilities are, but at that particular time he was the only person I could approach in the chain of command.
The asst. director's name is Jim, and he is a very arrogant, self-assured, and vindictive person. I know this because I have witnessed several occasions where he has retaliated against someone for doing or saying something he didn't like. With this in mind, my meeting with him was pretty much a waste of time. He basically told me, in so many words, that he has more responsibility than I do and he never gets sick, and never misses work. And at the end of the meetting he told me that he didn't want me to miss any more, and that I had better be there every day.
Well needless to say it didn't happen. A few days later I called in sick due to a severe migraine. It was almost immediately afterwards that my immediate supervisor called me into his office to give me a reprimand for missing work. This had never happened before so I knew the source of this was the asst. director. I had gone against him, so to him I broke the cardinal rule; he is always right and nobody dares question him or his authority. That is why I mentioned I believe he has a vendetta, or a score to settle.
Incidently, since that meeting I have been given more job responsibilities. Our hospital is growing, and in the past 6 years it has doubled in size, and so has the amount of work and upkeep. I am the type of person who is a perfectionist and do meticulous work. I didn't know this about myself until all this happened, but when I get too much work piled on me I get severely stresed out. I feel as if there is so much to do that I can't perform all the work to the extent of detail that is up to my personal standard. It is almost as if the burden of a heavy workload weighs me down until it sucks all the energy out of me. This is the closest analogy that I come up with to explain how I feel right now. I am always tired, and my health has suffered a great deal over the past couple of years. And don't get me wrong, I do understand the position of my employer. They need the work to be done, but being a non-profit hospital they probably waste more money in a year than it would take to hire 10 more employees. But instead they push everyone to the breaking point, and I am not the first casualty of their pressure. Just a couple of years ago a co-worker had a severe heart attack and almost died. One of our supervisors had refused him vacation time for more than 2 years, and he was constantly hounded. Knowing the effects of stress as I do I am sure this had something to do with his attack.
I should also mention that in our dept. the number one priority of management is to make themselves look good in the eyes of administration. They care about nothing else. I know that from a management standpoint this is probably common, but when it comes down to destroying an employee's self-esteem, health, and life, it becomes an issue of morality to put your own personal gain ahead of someone's life, at least in my opinion.
I mentioned before that others have called in sick as much or more than me, and they are left alone. I feel this is an obvious case of discrimination, and something I can use in my favor if the need arises. I will take your advice and tell my story to others, as my supervisors seem to be scared to death that others will know exactly what goes on in our dept. The unethical manner in which they do things also creates stress, at least for me, as I am a fair minded and very ethical person who knows right from wrong and treats others with respect, or how I would want to be treated. So it seems that management in our dept. only care about themselves, and if somebody is sick or misses work it exhibits "weakness". They don't seem to understand that humans have a breaking point, no matter how tough they or anyone else think they should be.
I do thank you for taking the time to help with my problem.
Regards,
Gary in WV
Answer As I have pointed out to others, it may be useful for you to consider that right and wrong are not always the most useful places to begin in dealing with these sorts of problems. For most large organizations there is only expedient and inexpedient. Also, there is a cost to exacting justice and the costs can be quite high. Remember that your person-hood and your work are not even remotely related and that the most successful people at work are often the least successful with others since they have often become successful on the bodies of those they have slain.
You have rightly observed that you are dealing with authority figures who are only interested in the path of least resistance in terms of how they manage departmental conflict. In a way, this idiot "Jim" has set a hook and dragged you around with it. This is a common feature of generally honest and straight-forward people: they are set off by dishonesty, abuse and unprofessionalism and can be manipulated by people since their reactions can be predicted. Crooks and abusers will frequently take advantage of this. Don't beat yourself up, and don't let your emotional reactions be the tool used against you.
So, at this point, you can raise the level of this matter or do your best to work with it. In either case, you should document a very careful chronology of events as they have occurred. Names, dates and locations. Be sure to keep track of your excellent work as well.
If you want to raise the level of this matter, you could file a formal complaint with the company and the Union, noting all your concerns along with your detailed chronology highlighting the discriminatory behavior. Copy your superiors, union bosses, state and federal labor departments and any industry or employee advocacy groups. The position you are taking is that you are doing the best to work on your health matters WITHIN the rules and the law and you should not have to put up with a pattern of abusive, harassing and highly troubling behavior not keeping with standards of professionalism and ethics espoused by the company and you have a duty to not be complicit in concealing behavior that is troubling (and perhaps dangerous, not to mention tortuous) to the company. You must take the position that this is not about YOU but about your duty. If there are previous instances of the company accommodating long-term chronic health issues similar to yours, please cite them and note that you are aware of the company's HISTORY of accommodating these health issues and note where you have continued to perform your role.
You wish to demand an immediate meeting to resolve the matter and to formally find out what problems the company has and how to resolve them in order to make clear your status and standing.
Note that your previous "conversations" with your immediate supervisors resulted in threats and intimidations that are outside the law and discriminatory, and you wish for these unqualified threats to cease at once, and you demand an immediate written understanding concerning expectations about your job and standing.
Beyond this you would file a complaint with the state and US Dept of Labor.
Of course you are tipping over the apple cart here so be prepared for war. You should continue doing your job and interfacing with others in a casual, non-threatening way. Don't get rattled by this, since you don't want to be positioned too much as a rabble-rouser. But you can good-naturedly say that you have your ethical lines in the sand to observe and that you merely want to be treated within the law and fairly.
The message is of course that you intend to document and publicize every scintilla of their behavior so they should consider the cost of screwing with you. Be prepared to go the distance. People must be convinced you are serious as a heart attack about this and prepared to go all the way to the DOL with a complaint unless this is taken care of. If your approach is sane, rational and good-natured, you have a fair chance of being taken seriously. Be prepared to go on the Oprah show if necessary to publicize the mattter.
These are some ideas. Feel free to follow up with additional questions.
