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This is sort of long, I'll try to keep it short. On August 8 our dept. had a meeting with our new boss who was replacing the former "witch." I'll try and keep name calling to a minimum, but boy, it's hard. After the meeting ending around 4:15 I started coughing severly, much blood. The wicked boss was standing there chatting with her little clique, leaned past the cubicle and asked "are you alright?" to which I shook my head. I was frantically trying to call my dr.'s cell phone, get my bag and run over to the hospital which is about a 5 city block run. They saw all this going on and not one of them offered to help me. I ran out of the building and thankfully a cab came right away. I was admitted latter that night. My husband heard from the wicked witch (whose last day would be that next week) and told him she would send out the STD papers. I received them and sent them back on 8/30/06. No further word from anyone at work. No phone calls, no cards, nothing. I receive a letter dated 8/5/06 stating that I have been removed from my post in Human Resources effective 8/5/06. This is because their policy is they hold your position one week for every year you've been there (in my case, 12 years). They started counting this 12 week period from my first absence back in January - returned in April - out again August 3 (they have the wrong date, it should be August 8th. They have put me on a one year leave of absence and according to them I can contact them when my dr. says I can work. That is a joke, as there are no suitable jobs. I may as well just start looking for a job outside when I can and not waste my time with them. I certainly can't work with these people.

When I talked the other day to the new boss I explained the dates on the letter were wrong and asked that she check up with the disability people and let me know exactly when I can expect my wonderful $170 check! She actually started off the conversation with me by saying, "oh you would have heard from us but Jackie (witch) thought it would be too upsetting." I could'nt think of a weaker excuse if I tried. And this woman is running HR?

Does anyone have any advice as to what I should be doing. I'm waiting till mid week to hear about the STD. I believe I should be entitiled to 24 weeks (I'm assuming they will deduct the few checks I received in the winter), but I should be due quite a few checks?

Also what about SSD. I know that's a big issue. Should I be applying now. How do I know 6 months from now that I'll be unable to work. I hoping to go back to a working life in a few months.

I know this is really long, but any insight would be greatly appreciated.

Brian and I were going to go out to dinner last night with friends, but at the last minute I was really sick to my stomach. We made the right choice staying home. It's true, I gotta stop pushing myself.

Love ya all,

Joanie ((()))

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Joanie- We've been here before with this wonderful employer of yours. I hope you have documented every thing--every phone conversation, dates etc. and have saved "the letter". I am not sure where you should start-- on your own or with an attorney. I guess since you've already informed them their information is incorrect, I'd ask for clarification in writing as to where you stand. You can ask an attorney but seems to me this one year leave is a ploy to get around a wrongful discharge claim. In either case, get what you can for benefits and get out of that place. I would apply for the SSD so you know where you stand there too.

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Hi Joanie,

I unfortunatley, am not familiar with policy stuff.

But I do know that you have been going through this bullsh*t with them for much too long.

I just want you to know it is time for you to act. You seem to be getting some advice here. I hope something breaks soon as you have had it and you don't need this added pressure. I can't believe how people could be so heartless. I could see one but what a horrible group of employees.

Keeping you strong in my prayers.


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I am not sure how it would work, or even if it would at all, however you might try calling the Labor Board and consulting with them.

And I agree with Ry, document it ALL, no matter how inconsequential it may seem, when it is all put togethter it may be precisely what you need.

My best to you and I hope you continue to heal and feel better and better


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First of all I would apply for State Disability. I collected on that for a year. Talk to your doctor, they will help with filling out your paperwork. As far as SSD, file for it and see if they approve you... I know if stage IV you autmatically receive it. Like Ry said document everything EVERYTHING. On State Disability, there is a wek's waiting period (at least in CA) Look it up on the Internet for your state. In fact I will look and see what I can find for you, I love to research. I worked in an office setting, Controller for a construction company...

If they put you on leave dates MUST be correct. Was it FMLA (family medical leave of absense)leave? That is a federal leave that you would be entitled.

Please let me know if I can help with anything...

God Bless and prayers,


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Yes, I have applied for NYS Short term disability. I collected some of that (about 3 weeks or so) back in March. I believe the balance should still come to me, which is one of the questions they need to answer for me. Back in April I had looked into applying for Social Security Disability. At that time I was under the impression that the doctor had to agree that you're sick. We'll I'm almost 4 1/2 years out and so I thought they wouldn't agree to put thru the paperwork based on the cancer diagnosis. Maybe I'm wrong there? And yes, I'm on FMLA leave. I'm entitled to 12 weeks leave of absence with a guarantee of returning to my same job. After the 12 weeks is up, they don't have to give you your same job back; which is what they're doing to me. As Ry said, I think it's a great way of them avoiding wrongful dismissal suits.

I don't ever think of going back there, and I won't no matter what. I just want to see to it that I get what I'm entitled to. Will look at all the paperwork for SSD tomorrow.

Thanks for all your help, everyone.


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You have gotton some good advice here. I would like to add that with the 170.00 per week you are looking at on short term disability, that should have no effect on you signing up for SSDI. If my memory serves me correct, I was told they could process my claim while drawing STD. They treat it as income and there is a limit on the amount you can make (or draw) per month and still qualify for SSDI. There is 6 month wait period for SSDI so if you can get the 170.00 then at least you won't be totaly broke for the 6 months.

My advice is sign up. Get the paperwork started. At least you will have the ball in motion. Good Luck.

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The SSD people have their own underwriters and do not rely on your doctor's opinion as privately funded insurance companies may.

Try so hard not to wrestle with the outcome or second-guess yourself. It is very self-defeating. Do the steps and go through the motions without worrying about the results. They will be what they will be. I am positive that you will be more than eligible.

Sweetness to you, and long live bulgogi and white russians!

Cindi o'h

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Joannie not sure if my experience's from my Wife will help but in both my Wife and now her sister who is suffering from breast cancer reocurrance there Doctor's got the SSI going for them and in both cases it only took 6 month's to get it started which from what i've learned from other's who were forced to go that route that 6 month's was really quick like half the normal time.

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