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 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
