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  1. #1
    Unregistered Guest

    Unhappy P&S With Work Restrictions, And Unable to find Employment!!

    I've been P&S and have work restrictions. I've been searching for jobs!! But when a Recruitar or potential Employer calls me & questions my Work history gap. I tell them that I had a personal injury & i needed surgery. Today one of the recruitar's question me on my "Work Restrictions", i'm pretty sure I won't be hearing from them again. I have great work experience & i have a degree, but every time they find out about my injury, I don't hear from them again. Any advice how to get a JOB????? I recently submitted an Application with the Dept. of Rehabilitation, I hope they can get me a job that meets my disability accomdations. I just need a job!!! If i tell these Employers that they shouldn't be questioning my health until they are ready to offer me the job position, Then I know I won't hear from them???? THIS IS HELL, WhAt can a P&S IW do, my old employer doesn't want to take me back, so their's another lawsuit for that!!!

  2. #2
    Join Date
    Oct 2006

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    I understand your confusion. To begin, you do not have to tell recruiters that you took time off for an industrial injury. Taking time off to take care of a family emergency would be accurate and cannot come back on you. You might include that it was of a medical nature, but I believe it is best if you do not. If you are genuinely interested in landing a job there is some personal information you are not required and that is not in your best interest to disclose. You have to be creative, but truthful, in your responses.

    Regarding work restrictions, it will likely not come up if you do not tell them about the specifics to begin with. Your and your family's health information is strictly confidential and there are, in fact, laws to protect it. When interviewing it is entirely appropriate to tell the interviewer that information they ask about is confidential if, in fact, it is, and leave it at that. Look around and find out what you can about HIPPA. Don't step on your dick and tell them it is an illegal question. Simply sidestep it. If a question about "functional limitations" or "work restrictions" comes up it is best to turn it around and ask them what the "essential functions of the job" are. That is a legal definition that places an onus on the employer to be straightforward and truthful about the job they will expect you to perform. Employers are required to offer a written job description that spells them out, but not usually at the first interview. It is a legal document that prevents them from making things up as they go along and changing job duties without fair notice. When the recruiter or interviewer then tell you what those functions are, you can determine if you can perform the job within your restrictions. You make the decision. Not them. Either way, you do not have to and should not disclose your limitations. Ever played poker? If you cannot perform the job a thank you for their time while you are walking out the door is in order. If you can, you can tell them that you can perform the job and meet the demands of the job description. Why would you want to tell them more than that? Keep in mind that if the job description is later changed so that you cannot perform the new essential functions, that is legally a legitimate reason to leave and you can move on without being canned and having to try to explain that. That is all you are required to tell them, and you do not want to tell them any more if you are sincere about getting the job. In sum, don't tell them anything they don't need to know.

    Your former employer is not required to take you back unless you can perform the "essential functions" of the job "with or without reasonable accommodation." For clairification regarding that requirement you will need to read the definitions in Title I of the Americans With Disabilities Act. There are other issues there. For instance, do you meet the criteria to qualify as a "disabled individual" under the strict definition under that law. That is a whole other can of worms. You have a lot of homework to do.

    I have worked in management and am reasonably familiar with employment law. You should sit down with a cup of coffee and start to search for information about these and other employment law topics. Mabe try prairielaw for message boards that go into more depth about these type of issues. A college educated individual should be able to find their way around.
    Last edited by Greg; 02-02-2007 at 10:12 PM. Reason: iug

  3. #3
    Join Date
    Nov 2006

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    Whether you tell a potential employer about a work comp injury or not, if they do a background check on you, chances are it will show up anyway. Once you file a WC claim, you're're in the 'system from hell' and good luck ever finding a job again. My brother, who's in managment at a large company, put it to me bluntly...I've been out of work two years now and he told me that basically he would label me as 'unhire-able' at this point. When I asked him at what point does someone become 'unhire-able' in his opinion, he said, that it starts when they've been unemployed at six months...anything over that is just another nail in their coffin.

    I don't know what I'll do when my TTD runs out if what he's saying is true. I can't do my old job because I can't sit long enough to perform office duties and can't stand long enough to even flip burgers at McDonald's!

    It sucks.

  4. #4
    Unregistered Guest

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    Greg & Marvin thank you for the info.

    But the problem Greg is that I've been P&S to return back to work. My wc claim is still stuck in legitation. My employer doesn't want me back. But when a hiring employer verify's my employment, the employer where my injury took place has me as an active employee. So whatever story i come up with, the hiring employer know's that i'm hiding something or lieing!! This is HELL, there's no way around this. Whatever you want to disclose to a hiring employer it doesn't matter, because you need to be aware what's in your background check. And currently my old employer has me as an active employee, but back in 2004 I receivied a letter from my employer that I was terminated!! So when I was P&S to return back to work, my employeer discriminated me over the phone & harrased me that's why i have a FEHA attorney already. SO i guess my only hope to get employment is to use the STATE REHAB. Dept.

  5. #5
    Unregistered Guest

    Thumbs up Re: P&S(With Work Restrictions) but Unable to find Employment!!

    IF You have a Pending WC case pending!!

    1.) And Your old employer won't rehire you, but still has u as an active employee.

    2.) Potential Employer's Question the Work History Gap in your Resume, which is 2 yrs.!!!

    3.) Potential Employer's have access to public records, background checks & can verify if anyone has every file a WC claim, salary & credit.

    My question as a P&S IW (with work restrictions) IS HOW TO GET BACK INTO THE WORK-FORCE??? I don't have any $$$ coming in, nor have I received anything for the WC system in terms of help or $$$. It seems whatever story I come-up with and tell a potential hiring employee, they can always verify if i've been lieing!!! This IS HELL...SHIIT.. I want to work, but of course a job that accomadates my disabilities. THIS WC STUFF IS CRZY!! WE NEED OR GOVT. to help US OUT HERE!!! NOT IN IRAQ!!! IW'S NEED SOME OF THAT BILLIONS OF $$$ SPEND IN IRAQ... to help us get back in the WORK FORCE!!! & FIX THE WC SYSTEM!!! FIX AMERICA... FIRST...Then help the helpless, IW'S ARE HELPLESS TOO!!!!

  6. #6
    Join Date
    Oct 2006

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    To begin with, most background checks are for criminal offenses only. They might turn up any civil judgements or liens you have against you that are on record with a court too. Damn few go into much else and usually that is credit. Screw the doomsayers. I was a manager in a large company too. "My brother in law's buddy whose wife's best friend knows a secretary at the unemployment office told me...( fill in the rest). " You are not unemployable. Employers are constantly looking out for good qualified people, and they can only legally hire you based on your qualifications. You did say you have qualifications, didn't you? If you insist on offering up information to employers that is beyond that and unnecessary to the hiring process and that work against you, people might start to think you are stupid. Please stop the whiny shit and, like I tell my kids and grandkids, get your head out here where the sun shines. Get a job search going. THAT is how you get back into the work force. When was the last time you contacted your government representatives to tell them what you think? Could be you want to whine and have people pat you on the head and tell you what a good boy you are and how you don't deserve it. Well this is it. I'm patting you on the head, you are a good boy, no one deserves it. Now run along.

    Could be you need professional help too. It appears you are pretty stressed about the whole thing.
    Last edited by Greg; 02-03-2007 at 09:22 AM. Reason: b

  7. #7
    Unregistered Guest

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    You might want to consider doing some VOLUNTEER work--find a Club or Organization that shares your common INTERESTS and HOBBIES, and start volunteering! You can PUT THAT ON YOUR RESUME! It will help "off-set" the employment gap, and goes a LONG WAY in showing that YOU ARE CAPABLE OF WORKING! And--you never know--you just might meet people who have leads on potential job opportunities that AREN'T in the classifieds...

    Also, try taking a class or two at your Community College--most Colleges have counsellors for their DISABLED STUDENTS, not only for financial assistance/tuition, etc., but contacts with employers who are looking for students to do "internships", etither for pay, or "work-experience" and class credits.

    If you DO go to a job interview, you can FOCUS on these CURRENT, POSITIVE achievements! MOST employers are usually very impressed withthis type of DETERIMINATION and INITIATIVE--qualities that employers find VERY DESIRABLE.

    These activites will also help you get "back into the swing" of a ROUTINE, and help you build CONFIDENCE and SELF-ESTEEM. And, it sure beats just sitting at home, day after day...

    However, you won't KNOW how POSITIVE these endeavors may end up being, UNLESS YOU TRY--and you just might have some FUN and meet new, interesting people while you are "rebuilding your Life".

  8. #8
    Unregistered Guest

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    Greg, IW's who have been P&S have no choice. That's all i'm saying, wheather you decide to give out so much info. or not!! They can still verify your story. When a hiring employer checks where you last worked the whole truth will come out. They will mention if you are still an active employee or not, the last pay check you recieved. So whatever you tell this new employeer, it will come back & bite u in the azz. It's a catch 22, there's no side story you can tell these employer's, maybe going back to school is a good idea. But how??? when you don't have any $$$$ coming in!! It's like your screwed either way... I guess the only hope is help from EDD or State Rehab. Dept. Alot of employer's give out their info. about their employee's using the third party service ( that's how i found out. This is currently happening to me, if i post my resume and tell employers that i'm currently working I get interviews. And I mention on my resume that I haven't worked over 2 yr's, i don't get any calls.

  9. #9
    Join Date
    Oct 2006

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    They can't verify everything. There are limits. I don't see anything threatening on that website. Employers do not give much information to people asking except to give dates of employment. There are legalities involved that they want to steer clear from, and making any subjective statements or illegally dispensing information can cost them loads. Medical information, again and for instance, is legally confidential and not allowed to be given. And so what that they list you as a current employee. It would not be the first time someone has looked for another job while working for someone else. If you are still in their employ, there is really no gap in employment.

    If you continue to insist that there is a two year gap in employment, get some help writing a resume that minimizes the effect. There are online resources, companies that offer help for hire, and your state employment agency offers it free. And, again, you can tell them that YOU HAD TO TAKE OF A FAMILY EMERGENCY. I will suggest that you be smart about it. You can do that, can,t you?

    That's all I have to say because you repeatedly ask the same questions and do not answer mine. You clearly don't want to listen, keep repeating things that border on the psychotic (, and you do not want to do the work necessary to become informed, like finding out about grants and loans for continuing education,

    Get some professional help. You truly need it. Hook up with MRS within the next few days. They can refer you somewhere.

  10. #10
    Unregistered Guest

    Default Re: P&S(With Work Restrictions) but Unable to find Employment!!

    With all due respect, unregistered, until Bush shows up on our doorstep, because he has persuaded Congress to divert funds from the Iraqui war, and plop it into OUR laps as "hazard pay", WE CAN'T CONTROL the "injustice" of the situation AT THIS TIME...

    Take control of WHAT YOU CAN in YOUR LIFE--that is the very best that ANYONE OF US can do who are BOGGED DOWN in this whole return to work mess.

    Unregistered, are you AFRAID that if you ACTUALLY found a job, WITHIN YOUR RESTRICTIONS, that it would somehow "hurt" or DIMINISH the VALUE of your WC case and settlement?? If that is where you are coming from, then you are MISTAKEN. All you can do, if you find a new job, is the BEST YOU CAN DO, and if it starts aggravating your condition, TELL YOUR TREATING DOCTOR and YOUR ATTORNEY. It actually might HELP YOUR CASE if you TRULY cannot perform work functions WIHIN YOUR MEDICAL CONDITIONS AND YOU GET WORSE.

    Now, if this is NOT your concern, then DO WHAT YOU CAN DO to take the "brunt" off the two year gap in your employment history, by finding some VOLUNTEER WORK, and/OR ATTENDING CLASSES, so that you have CURRENT ENDEAVORS to LIST on any potential job applications!

    You state you guess you will "just have to rely on EDD and State Rehab"--
    WHAT in the world is WRONG WITH THAT? That is EXACTLY what they are SUPPOSED TO DO---help IWs like YOU, ME and EVERYONE ELSE with a Disability and a long gap in their employment FIND A JOB that you can REALISTICALLY PREFORM.

    Granted, the majority of us have ben BURNED by our employer, but not ALL employers have this type of attitude towards disabled individuals. The State Voc Rehab counselors HAVE CONNECTIONS with exactly these type of employers who UNDERSTAND and WON'T "PENALIZE" you for it!

    It IS NOT PLEASANT to be "pounding the pavements" after two-plus years of not being able to work, and YES it is VERY INTIMIDATING for ALL OF US! And certainly, being turned down by potential employers certainly does NOT instill "CONFIDENCE", and further erodes our self-confidence.

    WORK on YOUR self-confidence and self-esteem, Unregistered, by finding Volunteer Work that YOU REALLY LIKE TO DO AND ARE ABLE TO DO! ANYTHING--what do YOU enjoy doing? Fishing, camping, the outdoors? Find a fishing club, join a club that focuses on out-door activities--VOLUNTEER to research out new and exciting places to "explore" for an up-coming outing on behalf of the group. Volunteer at a Hospital, the local library, museum, a boy's club, a computer-geek club, at the local Humane Society, if you like animals. DO SOMETHING YOU CAN PUT ON YOUR RESUME.

    Google and find your local CHAMBER OF COMMERCE--they all have a list of the various clubs in the community, including the Rotary Club (BUSINESS PEOPLE), Elk's Club, etc. VOLUNTEER at the CHAMBER OF COMMERCE, and attend the various BUSINESS FUNCTIONS in areas that INTEREST YOU.

    Unregistered, the bottom-line is: IT IS UP TO YOU. However, if Bush should come knocking at you door, please provide him the link to this Forum--I am sure that we ALL would appreciate a "surprise visit" and a chunk of change to live on, so that we don't have to go through the process of FINDING A JOB.

    I am sorry that you, and everyone else has been subjected to the Work Comp War. I wish you, and everyone else, the very best.

    Take CLASSES at your local Community College

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