Career Tips

Disability Question


Hi Everyone,

Need some advice, but first some background - in the early Fall my company (which is only 5 yrs old, but is a subsidiary of a prominent insurance company) went through a down-size - about 80 people. Now I am out on disability and while I was out they went through another down-size - again about 80 people. I haven't been happy there for awhile and have recently started looking for another job at a different insurance company and in a different department claims instead of underwriting.

Do I have to disclose that I am currently on disability? I don't think so but want to make sure.

When they ask about my current job, do I mention that I am concerned that they wont be around or just play up that I want to transition to another department?

I also feel that I have gone as far as I can at my current job and they moved their claims operation too far from where I currently live.

Also, I had attendance issues at my current job but while out on disability I have had none of the problems that I had while still at work - which leads me to believe its the job that was effecting me negatively.

This may seem like a 'duh' question too, but a prospective employer doesnt contact your current employer, right?

Any advice you have is greatly appreciated.

Copy and paste this message to the Disabilities Board.  They are well equipped to answer your questions and provide feedback:

http://monster.prospero.com/n/pfx/forum.aspx?webtag=mstdisability

To the Community Manager:  Please copy and paste this message where it belongs.

 

 

Bunzo

 

I don't think my entire post belongs on the disabilities board - I would like to hear what people have to say to my other questions. Thank you.
You do not have to disclose that you are on disability.  They will not contact your present employer unless you tell them they can.  However, sounds like you have a few issues to work out and you need to get yourself back in shape before anyone is going to hire you.  I hope that doesn't sound mean, but you come across as negative and potential employers will see that. 

Unless you have already stated on your cover letter your resume that your are on temp disability, I do not believe that this can be asked nor do you have to offer the information. Technically, you are still an employee of the company you are taking disability from so the interviewer need not even know that you are not sitting at your desk at the present time.

When an interviewer asks why you want to change from underwriting to claims, you already said it. There is no room for you to grow and you would like to move to a more challenging position but stay within the insurance field.

Why can't you be laterally moved to the claims department of your current company? Again, you already answered that question. The claims department is in a location different from the underwriting division and is a distance from your home that is not a reasonable commute.

Your attendance issues may pose a problem because attendance is the employers assurance that the job will get done (to a certain extent). So you were ill, you obviously have a doctor to back that up. But, in order to find out about your attendance not being the greatest the interviewer would need to contact your current employer.

If you ask for your current employer not to be contacted, a flag may be raised and you may be asked for an explanation as to why. Of course, you can always just state to the interviewer that it is because they don't know you are looking for another position (Which I am presuming to be true), but some interviewers will write you off for that thinking you have something to hide. Offer them the phone numbers of other employers who you worked for that you do have a decent attendance record.

Something that has been stated here before (many times) is ask two or three good friends at your present company if they will act as references  for you. Ask if they could please not mention the disability thing or the attendance thing.

Kelly offered good advice but beware of a couple of things.

First, a company may make an offer contingent on speaking to your current employer. And while YOU don't have to reveal that you are on disability, that doesn't mean your employer won't. You at least need to be prepared to address the issue.

Second, yes you could have friends at work "cover" for you, however a good reference checker may ask questions that only a supervisor would know... questions whose answers would match yours. Also, once they finish with your friends, they may want to talk to HR and will ask who your supervisor is. If you said your friend Jane was your supervisor and HR says "Mr. Smith", it won't look real good.

Yeah, I should have added that I don't personally think it is a good idea to ask friend at your current place of employment for help like that. It is just something that has been mentioned here.

I don't take offense, but I'm definitely not a negative person and I happen to interview very well. The last time I had to interview, I was recruited and basically handed the job so I'm nervous about the interview process as it has definitely changed in 5 years. Also, this is a well established company and I have never interviewed with one before - formal interview process, drug test, etc. I do appreciate your response though smile

Thank you to everyone else for confirming what I thought to be true about the disability thing. I went through a 15 minute phone screen today and it went very well so hopefully I get a call next week for an in-person interview. Hope you all have a nice holiday weekend.

I don't see a reason to raise your disability unless it's something that will impact your ability to do the job.  According to the ADA (Americans with Disabilities Act), an employer must make a "reasonable" accommodation, but that accommodation has to come from the employee.  In other words, you need to tell them what they need to do to work around the disability.  And the definition of what's reasonable can be a gray area.  For instance, having to redesign the office layout isn't reasonable.  But installing an ergonomic keyboard is.

Now if you're taking medication that might show up on a drug test, then that's something you might want to mention if they ask you to do a drug test.  This way, they're prepared for a positive result in advance and have a legitimate reason for it.

But if your disability won't impact your ability to do the job, or you'll be off by the time you start, then there's no reason whatsoever to bring it up.  As it gets closer to your getting the job, then you might want to mention it.  As for your being concerned about your job being there, I can relate to that.  I went through this twice--once with the S&L crisis and again with the outsourcing of tech jobs. There's nothing wrong with mentioning that you're concerned about being downsized, especially since they've already done it twice.  And so you're looking for something more stable.  No guarantees, but looking to change fields or companies uneffected by this is understandable.

As for whether a prospective employer will contact your current one, there's no definite yes or no.  Some may, others might not.  And even when you tell them not to contact your current one because you don't want them to know you're looking, I've run into some companies where they've done it anyway.  Whether it was by accident or deliberate, I don't know, but it's happened.  However, I think most will honor your request and not do it until after you've started or are getting much closer to an offer.

Employers cannot ask questions related to your health at an interview(medical information is protected under the HIPPA privacy act).   Interview questions about disabilities are not legal, asthis info is protected by ADA (see below).  Personally,  Iwould not mention anyone's health or disabilities to a company callingfor a reference check since medical info is protected and privateinformation and would not want a law suit.  

Now if the disability impacts the candidates ability to do the job -like someone with a bad arm might not be able to do heavy lifting, thenI believe the employer can ask about this kind of thing - check withthe EEOC. 

You can check www.eeoc.org  or  findlaw.com  - or callthe EEOC directly - the number is on their web site.  

http://employment.findlaw.com/articles/2446.html   - below is part of the article from this web site

Although the federal Americans With Disabilities Act of 1990 has beenin existence for more than seven years, many employers are notknowledgeable about the law's sweeping effects in the area ofpre-employment inquiries. The ADA is designed to eliminatediscrimination against persons with disabilities in connection with awide range of activities. The employment provisions apply to employerswith 15 or more employees (state law often reduces that number). TheADA expressly forbids employers from conducting preemployment medicalexaminations or making preemployment inquiries about disabilities. TheEEOC enforces the ADA through investigators who are trained to uncoverwhether employers ask questions at the pre-offer stage that are likelyto elicit information about a disability. Such questions, whether askedin person or on an employment application, are illegal.

Here is another artical from findlaw about "interview questions" :
http://employment.findlaw.com/employment/employment-employee-hiring/employment-employee-hiring-interview-questions.html

good luck.
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