-Cheryl- Posted November 7, 2004 Share Posted November 7, 2004 Hello All, I have enough to worry about having to fight this disease, that I don't need to fight my employer to keep my job. The HR Director calls me up out of the blue on Fri., and tells me I have to take FMLA and it will be back dated to Aug 23 rd. I only had 2 days in off in Aug., 4 in Sept., and 8 days in Oct.. Not too bad, since I have been on chemo for going on 4 months now. I had up to a month of paid leave in July when the pericardial window was put into the lining of my heart. I returned to work immediately after my surgery. Despite this, my program has produced the highest revenue, as have I personaly as a program leader. I called the MH Director who resides over all of the agencies after my conversation with the HR Director, he was non-compasionate and rude to say the least. He said, "Don't you have a memory problem due to the drugs you are taking?" I got so pissed off, I called my boss who admitted to meeting with him a couple of times to discuss me working while on chemo. Prejudice, uninformed bunch of cusses. I am not taking meds while working, and the chemo does not pass through the blood brain barrier. I am mentally sound as I have ever been, albeit tired of course. I need this job for the insurance and to pay my bills. What is wrong with them? They are forcing me to take FMLA. What if I get sicker and run out of time cause I am on FMLA. Then they can fire me. I know a lot of people who have missed more than 14 days over 4 months! It is like I am some kind of a libility to them and they want me out! I am sick with worry and hurt. I have held the same position for ten years and every year lost sick time from never taking it. I got a threatening letter from the HR Director today, spelling out how I have to take FMLA and my insurance must be paid by me weekly to continue it. I will contact a lawyer Mon. I will try not to take off, but have to for treatment atleast once a week. I am stage iv now, and feel like I am worthless, not viable any longer. I would like to live my live as I have always done....but sometimes this da** disease gets in the way. I am doing my best to take each day as it comes, but lately, my days are filled with nothing but challenges. I pray to God for redemption and salvation. God Bless you all and I pray too for your struggles, Cheryl Quote Link to comment Share on other sites More sharing options...
kimblanchard Posted November 7, 2004 Share Posted November 7, 2004 Hi, Cheryl, just wanted to say I am sorry you have to undergo all this additional and unnecessary stress. It does sound like they are setting you up. My husband was on medical leave for 4 months, then we got a letter in the mail that he was terminated with pretty much no notice. There was hurt and anger but in the end, we got Cobra and it wasn't too expensive - the no notice thing caused billing problems but it worked out. And he got Social Security Disability. So in the end, it wasn't so bad as it seemed. Due to termination without fault, we were able to turn over the life insurance, no questions asked. And due to the Social Security Disability ruling, they were required to give us Cobra for 29 months instead of the usual - whatever. PS If you go on medical leave, you can apply for Social Security Disability right away - sick or disability pay doesn't count as income. Just "unable to work". There is a waiting period so start that clock ticking until you are eligible for $$. The lawyer can tell you much more about the specifics in your case. But for us, just from free service advice, it seemed on a federal level they did have the right to terminate him but from a discrimination viewpoint - it was argue-able. The law that would apply in our case says they had to keep him on the rolls if it would be no "hardship" to the company, meaning financial or that the position he held was vital to be filled. In our case we might have won if we pursued it - as his position was not vital and the company had hundreds of employees and to pay our insurance would not have been a hardship ... We decided not to fight it. Things worked out. Well - the lawyer can tell you. Best of luck and I hope it comes out the best possible for you. Margaret Quote Link to comment Share on other sites More sharing options...
luvmydog2 Posted November 7, 2004 Share Posted November 7, 2004 I am sorry you must go through this. I see more and more of this type of activity. I don't know how legal it is. The same thing happened to me that happened to Maragets husband. I was told 3 days after my FMLA was out. I had no notice that this was going to happen. I was told I was eligable for rehire tho. I was approved on Friday for my SS. My boss had no idea I had applied. I went in on Monday to see if he wanted me to work about 3 days a week due to my threapy and all. He told me I would prob need a doctors FULL RELEASE. He knew I could not due to threapy. He had to make a decision and I told him I would help him. I handed him my keys and said ...I QUIT. You can make 820.00 a month and still be eligable for SS. This includes any short term disability etc. that you may get. Seek that lawyer first. Sounds like they are wanting to deplete your time off so as to fire you later for time missed. Good Luck. Quote Link to comment Share on other sites More sharing options...
Haylee_38 Posted November 7, 2004 Share Posted November 7, 2004 Cheryl, That really sucks that you have to go through all this. It really is not fair and I hope you get some good results after speaking with your attorney. My thoughts are with you and plz let us know what the lawyer says. Quote Link to comment Share on other sites More sharing options...
stand4hope Posted November 7, 2004 Share Posted November 7, 2004 Cheryl, I'm shocked when I hear things like this. I am so sorry you have to now fight with your employer. From your previous posts, however, I have a feeling that they might be sorry they took you on. Love, Peggy Quote Link to comment Share on other sites More sharing options...
Ry Posted November 7, 2004 Share Posted November 7, 2004 Cheryl, I am not understanding this back dating the fml? To take the leave requires a doctor slip so it is really puzzling me how they fathom to back date your leave??? Did you get this request in writing by the way? I wonder what would happen if your doctor stated he wouldn't approve it? I am glad you are seeing an attorney. Keep us posted. Quote Link to comment Share on other sites More sharing options...
Elaine Posted November 7, 2004 Share Posted November 7, 2004 Cheryl First, I am so sorry to hear what has happened. I don't know if you have been able to read the boards, but a similar thing happened to my husband last week, just three weeks after he told his employer I had lc. It scares me to think that an organization such as yours-- that has as its mission to care for others-- would see fit to be so cruel. I wish I knew the law better. I recently posted a great article about cancer discrimination. When you talk to your attorney, ask him or her about what he thinks about going to the media with your story. Ry also asks a VERY good question--. My heart goes out to you. I know how hurt you must feel. love and fortitude elaine Quote Link to comment Share on other sites More sharing options...
teresag Posted November 7, 2004 Share Posted November 7, 2004 I don't know about the law either, Cheryl, but I do want to say I'm sorry you are going through all of this. Ignorance is so harmful. Quote Link to comment Share on other sites More sharing options...
-Cheryl- Posted November 7, 2004 Author Share Posted November 7, 2004 Yes, the request was in writing and the reason being for the days missed in Aug (2)..Sept (4) and Oct (....The 2 days in Aug is a joke, the 4 in Sept is probably close to the average, which leaves the 8 days in Oct. The only problem they have their is, her boss (the facility Director) told me on the phone and Cheryl in person to take what time we needed. I have contacted an Attorney and my State Representative... My best friend owns a radio station and anchors the news every morning. He would jump all over this. Add the fact that I have been known to write some brow raising "Letters to the Editor" and it is a given, this will be a public relations nightmare. The fact that this HR Manager called Cheryl 3 days before her lung surgery last year and was basically telling her that she only had a few number of FEML days left before she would be automatically terminated, has left a bad taste in my mouth that won't go away. Yes,it's gotten personal. I had a little Man to Man talk with her Director last night on the phone... He wasn't the cocky person I was told to expect... I guess he only talks that way to his female employees. I know this, he understands where I am coming from, you can BYAOT! Jack Quote Link to comment Share on other sites More sharing options...
cindi o'h Posted November 7, 2004 Share Posted November 7, 2004 Cheryl and Jack, Go Forth and Conquer!! Cindi o'h Quote Link to comment Share on other sites More sharing options...
Elaine Posted November 7, 2004 Share Posted November 7, 2004 Jack I caution you to speak with your attorney BEFORE you go to the media. Going to the media can sometimes mess up a potential lawsuit. Sometimes it can help, and IF there is no legal remedy, sometimes the only way to try a case is in the "court of public opinon." My best to Cheryl. elaine Quote Link to comment Share on other sites More sharing options...
gail Posted November 7, 2004 Share Posted November 7, 2004 GO GET EM!!! AND GET EM GOOD!!! BOTH BARRELS!!! gail Quote Link to comment Share on other sites More sharing options...
Fay A. Posted November 7, 2004 Share Posted November 7, 2004 I hope with all my heart that you will contact the attorney and then the press. And don't forget to go back through all of the postings you two made on this site over the past few years. Postings to on-line support groups has been successfully used as evidence in lawsuits. Quote Link to comment Share on other sites More sharing options...
SDianneB Posted November 7, 2004 Share Posted November 7, 2004 Cheryl, I'll loan you my 2 fists if you need 'em. Grrrrrrrrr. I'd suggest that you get a copy of their policies and procedures if you don't already have one. Then read them and find out how they are supposed to handle this, and if you are being treated according to their own policies/procedures. Make sure this includes time off with and without pay, and their FMLA policy. Also, ask who else has had FMLA forced on them without it being requested. If they won't tell you, that will be one thing a lawyer can go after, but you may know of someone, or co-workers may know. If there isn't anyone, that's another mark against them. You can get a copy of the FMLA on the internet, and read it too -- it's fairly straightforward as to what employers can/can't do. As others mentioned, document each and every thing -- who you talked to, when, where, what was said, get copies of all the documents, notes, etc. Keep it all -- and start a diary of everything from now on. If you don't have one already, get copies of the plan documents for all the benefits -- medical/dental/life or whatever they offer. Read and learn them backward and forward too! They will be important if you have to change to COBRA coverage. You can also consider unemployment benefits while waiting on SS disability if you go that route. I don't know what you do professionally, but maybe you could do some work from your home to make at least a little money. I can't say for sure, but it sounds like you are costing them too much in medical insurance and they are building a case to get rid of you. Putting you on FMLA isn't like being fired, but that will come. You may be able, depending on the law in your state, to have a good wrongful discharge claim at some point, if there isn't anything to hang them on with FMLA. What is going to be really important, and I think an attorney will tell you this too, is that since they chose this route, their feet should be held to the fire and they must do everything by the book -- everything. And that's not just the book of FMLA, but their own book too. If they are treating you any differently than another "similarly situated" employee, then you have them by the short hairs, so to speak. It isn't just about you, now, it's about others in the past and what they have done with them, and how they plan on handling such things in the future. Much luck to you. I have faith that, if nothing else, you can make them regret starting down this path. Di Quote Link to comment Share on other sites More sharing options...
Lisa O Posted November 7, 2004 Share Posted November 7, 2004 Please Please see an attorney before any further action is taken. This sounds really rotten. Good luck. Lisa Quote Link to comment Share on other sites More sharing options...
Andrea Posted November 7, 2004 Share Posted November 7, 2004 Cheryl and Jack, Good look with the attorney!!! I hope everything works out. You both only deserve the bbest. Quote Link to comment Share on other sites More sharing options...
TAnn Posted November 8, 2004 Share Posted November 8, 2004 Cheryl, I am so sorry that you are having to deal with this. My thought are this: It's November, does your health insurance renew in January? My bet is that the rates are going up, and you are high risk. Sounds like they are definately planning something. (Like trying to keep their health insurance rates down!) I agree with everyone else. Get a lawyer to let you know your rights. Also, does your employer offer short or long term disability? Mine did and it helped tremendously, also the long term disability helped me get Social Security Disability, they have a company that does nothing but that. Please let us know what happens. TAnn Quote Link to comment Share on other sites More sharing options...
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