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TOPIC: Work Contract

Work Contract 6 years 1 month ago #5596

  • Katherine Diaz
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Good day Atty Libayan,

I would like to ask your good office about my work contract for a US employer. I am currently here in the Philippines, however I have a valid work contract in US.

I started working for my employer in US last December 2012, possessing a working visa, valid until June 2014. March 2013 when my work visa was withdrawn due to my severe anxiety diagnosed by a clinical psychologist, and recommended me to go back to Philippines to continue my treatment here. My employer allowed me, and they have to withdraw my work visa as I will be going back to Philippines, and said they will reapply it once I am certified by an MD "fit to work."

I had severe depression and anxiety which made me unproductive in work.
Recently, July 2013, I was diagnosed to have ADD/ADHD, but not they hyperactive type but the Inattentive type. The doctor said, that it was the ADD (Attention Deficit Disorder) might have caused the severe Anxiety. I work as a Physical Therapist and the US setting is so fast paced and very bombarding with stimuli, which made me so anxious and always out of focus. With my condition, I am hardly can do multitasking.

I was not diagnosed to have ADD when I was young, as the doctor said it is a condition that is hard to diagnose, and it can be discovered once in a workplace. I have also worked here in Philippines prior leaving to states and I must say I was here in a much controlled pace, as compared to US where a lot of things are different here in Philippines.

My concern attorney, can my US employer terminate me because I am not productive anymore due to my medical condition? As of now, they haven't terminated my contract and still waiting for my "fit to work." The doctor said, people with this condition are still able to work -well depending on the work environment.

Personally, I don't know if I can still handle the demanding work as Physical Therapist there in US. I cant find any work here now because I am still tied up with them.
The breach fee is $50,000. Atty, please advice me. To be honest, with my disorder, I honestly believe I may not meet the expectation of my US employer, and worse is I fear that I may put a patients into harm because of severe lack of focus (My inattention worsens as more stimuli bombards me like forgetting almost everything).

In their contract- they can terminate an employee due to failure to perform duties. in my case, having a medical condition, I dont know if they will terminate me and sue me for breach fees.

Please advice. Salamat mo.
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Work Contract 6 years 1 month ago #5636

  • Atty. Libayan
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I suggest you to be honest with them. Furnish them with all the findings you had with your disorder.

If they are humane, they will relieve you. In the first place, it is nobody's fault that you suffered from that disorder.
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Work Contract 6 years 1 month ago #5649

  • Katherine Diaz
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Thank you Atty for your reply.

I am planning to do what you have adviced me to. It is hopeful that they are humane and will relieve me, however this is an American agency who wants business. They have sponsored me for a work visa, plane ticket, review for the exam, and 3 wks training after passing the boards.. But the breach fee is $50k which is not tantamount to all these expenses, service amd support they have provided.

What can you advice me if they sue or fine me? I cannot pay as I dont have any resources, Im jobless now and the fee is very huge.

With my mental comdition, the doctor said I can still work depending on the work environment, and she can provide recommendation to my employer. Atty, Iv already experienced the nature of PT wok there and it is really too overwheliming for me, to the point that I can no longer thiink straight, focus and im having brain fog. I can still deliver my work yet it would require me ample time, which would affect my productivity. And worse, I have encountered some safety issues due to lack of focus/anxiety from not being able too observant or always in a hurry due to productivity requirement.

Above are the fear I have once i go back to US, despite of the recommendations or accomodations. First, I am not a direct hired, so i presume that a company will not hire an employee form a US Agency who will require such accomodations (as they pay the agency more than the usual rate). Second, I am not as productive nor efficint as what from expected and demanded. I maystill fail the productivity required as I work slower. When that happens, the agency can put "productivity issues" as grounds for not able to perform my duties. Lastly and the worst, is the patient safety im once im compelled with lots of thoughts running in mind when im anxious.

I heard that the agency had terminated an employee due to inability to meet his productivity.

To be honest atty, I did well in my exams and reportings, and the agency deemed me as one of their strong clinicians. i thought I can adapt to their work culture. However, it was so fast paced, multi tasking and time controlled. I can deliver my service however i would really need time to process things, and learn new things, which totally affects my productivity, Another is, I can only do one task at a time. When Im doing something, my surroundings seems to shut down (example, I cant attend to my environment when im focused typing or seeing a patient). .

Can my employer file me good cause for termination and pay them as Im unable to perform my duties?
I would want to think they are humane, although this may not be the case. What advice can you provide if ever they terminate me and file me breaching fees?

Thank You so much.
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Work Contract 6 years 1 month ago #5716

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Let your doctor furnish them the recommendation so they will be appraised of your situation. After knowledge of the condition you are in an still they hire you, then they are taking the risk with you- this is a better option for you I guess.

Because you signed the contract, you have to faithfully comply with it up to every legal extent. Like I said, just be honest. If they sue you and you have nothing to pay them after, they cannot do anything. Sabi nga nila, "di ka makakapiga ng dugo sa bato."
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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