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Met with a lawyer


-Cheryl-

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Hey guys,

Met with an attorney, who primarily deals with buisness law. According to the FMLA, you cannot retroactively count days off for FMLA. However, one case in 2002 proved prejudice, and was allowed to count back missed days.(Not quite sure what that means?) My employers sent me a letter telling me that I basically am being forced to take FMLA, beginning August the 23rd ( I took pretty much only one day per week for treatment, and three for a cold once.) Also, that this was the second notice of him telling me to take FMLA. The HR Director is covering his butt for never sending the first notice. I met with the MH Directors over my center and over all the agencies today. They started out very condescending and tried to set the pace of our conversation, as if they were empathetic to my disease. I will spare you the boring details, but lets just say I "put them on notice" They stand to violate not only the FMLA, but the ADA, and something called Erisa 510. All I want is to do is work as long as I can, I have to for economic reasons. I give my job 100%, and really care about my clients. I feel discriminated against, because of my cancer. I think they see me as a liability to them some how! I know God will provide for my husband and I, but I would be devastated to have to move and sell my horses. Worst yet, be denied treatmnet, due to lack of insurance. Praying for us all,

Cheryl

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Cheryl, I have been wondering how things were going with the job. Sounds like you are taking the right steps to make things happen for you. I just hope and pray that everything works out for you. Just take care of yourself and your precious horses (they are so beautiful). Try not to stress too much - that's not good either. My prayers are with you.

Love and hugs,

Nancy B

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Cheryl -- this sounds like a great start. I'm SO glad you faced them down. So often it's the other way around, and they will intimidate people. Guess they don't realize the tiger they get by the tail with a cancer patient, huh!

ERISA 510 is about retaliation, but only covers ERISA plans. (It's a really confusing :? federal law that regulates, among other things, self-insured benefit plans, and exempts them from most state laws governing insurance. If your employer's plan isn't a qualified plan under ERISA, then that reg won't apply to you under ERISA, but there may be a state law that is the same.) If it is an ERISA plan, then I'd put a bug in the ear of your attorney if s/he isn't familiar with ERISA to find or consult someone who is. All too many times, attorneys will waste your money and time for over a year, only to get into state court and have it through out because it's an ERISA claim and the state has no jurisdiction, or to file a claim in federal court and by the time it comes around, have it thrown out because it isn't an ERISA claim, and remanded to state court. Ugh! ERISA is a specialized field in law, and there aren't many attorneys in the country who know that much about it.

Whatever it turns out to be, here's hoping they stand up and pay attention, and then do the right thing.

Di

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Cheryl,

I ditto Di :) I also would recommend getting a consultation with an attorney who specializes in employment law and disability discrimination and who does work with FMLA, ERISA, etc, on a daily basis b/c he/she might know many other tricks to help you out faster. It is such a highly specialized field.

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Our lawyer handled the American Airlines Baggage Carriers strike a few years ago and specializes in the field. Though he is well versed in the laws, there is a lot of "grey areas" to contend with. Whether you have been gainfully employed or not, your benefits are legislated to end in about three months. The message... die of a sudden illness and you have beat them. Have a chronic illness and you are in trouble.

I contacted our US Senator, Kay Bailey Hutchison, and they showed a lot of interest, even setting us up with an Investigator from D.C. I know when they returned my phone calls, it showed up on the caller ID as US Government! Maybe it will shock the employer as much as it did me when they are contacted.

Our investments will carry us through from now on, horses, house and dogs included. We may end up not having 300 satellite channels, cell phones and all of the credit cards but we will survive. The health benefits issue, we weren't prepared for. It's a shame we have to fight lawyers, doctors, employers and Ins. companies while fighting this disease. We are definatley outnumbered. The system is broke.

Jack

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Sad, but true. None of us count on having to lose everything just to survive without health insurance, do we.

I'd still caution on the ERISA knowledge, because even the AA baggage carriers (as with union benefit plans) are covered by ERISA in a totally different way than are private employer ERISA plans.

It's relatively easy to find out if it's an ERISA plan or not -- just ask them for plan documents, and if they are a qualified plan under ERISA regs. At least 1 or 2 of them will probably fall back in their chair thinking you'd even know that! :P

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I find this so sad, as if we aren't dealing with enough. I vounteered to leave my job which I regret, now that I am through with treatment , but I was not forced out. I am so sorry for you , But if one can fight this beast cancer I know you will prevail againists, well, horses asses. shall we say, and you know that isn't the most attractive side, having horses of your own. Hang in there ........

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While I wouldn't wish lung cancer on my worst enemy, I hope these people receive a wake-up call of some kind soon. As prevalent as lung cancer is, it is likely that at some point they will have a family member or loved one dealing with this nightmare. Wonder how they'll feel then?

Maybe they'll have troubling sleeping when they finally realize how cold-hearted they have been . . .

Pam

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Amen, Pamela.

Here's what I wonder, and what can be so freekin' frustrating about this, IMO.

Here are people with lung cancer -- a pretty much automatic diagnosis that will get you SS disability. Those of us who can still work are doing that -- we are putting ourselves out there every day in the work force, contributing to the economy. Others are doing that, raising families, and trying to care for a striken family member with lung cancer. Others are doing what they can to support each other. We aren't slacking here.

We aren't sponging off the system, draining benefits where they aren't deserved.

And then employers treat people like this? Grrrrrrr ... :evil:

Di (crawling off soapbox; the sounds you hear are her creaky knees)

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Cheryl and Jack~

I don't get what your employer is doing or why. As an employer myself I can see they are setting up a paper trail and for whatever reason trying to lay the ground work to let you go. The risk of a lawsuit is great so it boggles my mind why they would risk it. Having been sued myself I can tell you the cost of a claim alone will drive costs up astronomically. You can't begin to imagine how much I pay for officers and liability insurance now for a case that was thrown out of court!

Somehow I get the inkling that this is leading back to your other post...I think someone is working against you behind the scenes. Either they want your job, or they will get some other benefit from your leaving. They must be leading the management to believe they have cause or they wouldn't risk messing with you (unless they are just stupid).

Also. I hope you replied in writing to the "2nd Notice" statement stating you never received a 1st notice.

I wish you the best in all this Cheryl.

Rochelle

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Hi Cheryl,

Having problems (to say the least) at work is the worse. I thank God every day that I had Short Term Disability(6months w/ 60% pay w/ full benefits). I will pray for you, hang in there. I hope those buttheads remember, what comes around, goes around.

Your horses are gorgeous. I miss riding. Rode alot as a girl.

Take care!

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Cheryl,

Have been thinking about you lately and wondering what was happening...thanks for the update. What a load of unwanted, unneeded and unnecessary stress for you!! I wish you well in your fight....you can do it!!

Yanno, when I think of street junkies being eligible for SSDI, and being given free health insurance, foodstamps, vouchers for housing and job training.....and compare that to someone who wants to continue to work and be productive throughout his/her illness but is being thrown obstacles every step of the way......something just isn't right!

Mary

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Cheryl,

You hit the nail on the head, the SYSTEM IS BROKEN!!!!! This may not relate to you, but just in general, I get sooooooo frustrated when people need lawyers for IMPORTANT matters like dealing with disability, health insurance, related employment issues, even fights with mortgage cmpanies, etc, and they cannot get a lawyer b/c it costs too much to pay for someone to help them and lawyers are greedy and dont want to take a case unless it means something to them. It is a vicious cycle!

I am so sorry that you have to deal with all of this, it truly is unfair. As for your superiors, I really hope that what goes around comesaround.

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Thanks folks for the encouragement. I do have short term disability, but it wouldn't be enough money to make ends meet. I actually enjoy work. Somehow it makes me feel vital as a human being. I still feel well enough to work. I have my bad days, but work helps me to forget about cancer for a while. I feel like I can still contribute. My employers see me as a costly liability. I am not sure, but perhaps it causes a rise in insurance rates. I quit wearing a mask, because I "make people think I am "contagious" and feel uncomfortable." I had one kid ask me if I was "a doctor"! Ha! Everyone wants to look like they are "doing their job." As the MH Director said "this is our company policy." The lawyer asked me "What is going on over there? I have gotten quite a few calls from employes who worked for these agencies?" So I can see that I am not the first employee to seek legal advice who works for my company.

Elaine, I never left work. That is the problem. They want me out on FMLA while undergoing treatment. I am afaid of possibly getting sicker one day and needing the 12 weeks. I personally don't think a day off per week qualifies as eligible for leave. FMLA is suppose to be designed for the employee, and not to use it against them. I am not opposed to taking the leave, but don't feel it fair to count retroactive days already missed into the 12 weeks when told by my boss to "take the time that you need", then tell me "you have to count that as FMLA" out of the blue by our HR Dept. Not to mention that this is the second notice of it, when never getting a first notice.

I will get off of my soap box too! Thanks for listening.

Cheryl

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Cheryl,

I just wasn't sure if you were still going into work or not.

I believe you have the right to work until YOU decide you want to take disability. However, have you ever thought of going out on your own? Perhaps you could work at home, taking clients? It's just a thought.

I wish you well in your battle. My husb and has not decided whether or not to get a lawyer even though it seems pretty obvious my DX was the precipitating factor in him getting let go.

He has 6 months to decide. I told him that if he didn't sue, I am going to the press. His company supposedly won some National Small Business Award--if nothing else I think some embarrassment is in order. Plus, maybe it will stop some other company from doing the same thing.

Wish you well.

elaine

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