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About Kyla Kelim
Expertise
All social security/disability cases

Experience
I have practiced law in Alabama and Florida for fifteen years. Our firm serves primarily the elderly and disabled, and we have more than 60 years of collective experience with handling social security disability cases.

Organizations

Organizations
Alabama State Bar Florida State Bar

Education/Credentials

Experience in the area
I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in disability and elder law issues including hearing and appeals for social security/disability cases


Education/Credentials
Cumberland School of Law, Samford University, J.D. 1993 University of New Orleans, B.S. Business Administration 1990


 
   

You are here:  Experts > News/Issues > Human Rights > Disability Law > job security

Topic: Disability Law



Expert: Kyla Kelim
Date: 5/5/2008
Subject: job security

Question
Hi.  I've been at the same company for 32 years.  Six years ago i was diagnosed with MS.  I work in production and the job i had was becoming physically more difficult so i bid on a different job within the plant that was not as physically demanding.  two years into this job and i've started having cognitive issues.  i have made a number of errors in the last two years but with a little bit of creativity i've found ways to hopefully not repeat these mistakes.  The last mistake i'd made (prior to this past week) was a few months ago and i was given a one day suspension.  I was able to find a way to NOT repeat this error... but this week i was again written up not once but twice.  Once for a GMP violation:  i cut my finger, requested bandages and med. gloves from my supervisor.  he said he was too busy.  i went to medical on my lunch break and the nurse gave me bandages and finger cots.  one of the finger cots fell out of my pocket and ended up in the product.  The second write up was because i'd called the control room and requested they send me two bins of flour through the system.  They only sent me one... i failed to look at the computer screen before trying to pull the second bin and instead of flour i pulled the next product batch into the flour bin.  The control room employee denies that i asked for two bins.. and it becomes a she said/he said situation.. but ultimately it falls back to me because i should have checked the computer screen and not relied on his doing his job properly.  I'm now recieving a one week job suspension, a suggestion, and a warning.  The suggestion was that i should probably try bidding on a different job that i'd be better able to handle(although they've automated so much over the past few years that job postings are far and few between)... and i was warned that if i make another mistake.. it could be a month, a year, two years, whenver... from now... i will be taken off my job and placed where ever they deem fit to put me.. any job, any shift or i could possibly be terminated. I don't know what to do. I feel like i have this huge black cloud hoovering above me. Any sugggestions would be appreciated.

Answer
Barb, with an at will employment situation, you can be fired for any reason or no reason but they cannot fire you due to a disability unless they cannot make a reasonable accommodation.  I would contact a local expert in disability law and fashion appropriate reasonable accommodations rather than just waiting for something to happen.  It will be difficult after the fact to save your job; but the fact that you have so much time on the job and rarely make errors may work in your favor if a lawyer gets involved.  

I hope this helps.  I apologize for the delay in responding however we have had a family emergency.

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