Employment troubles - What are our rights?

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JaneVan
JaneVan Member Posts: 2
in Breast Cancer #1
My work has been very supportive until recently. I came back from having mastectomy with a Tram (along with blood clot) in January. I've had 12 treatment of taxol and now am on herception until February 2012, zolodax shots evry three months until overies removed. I'm a executive assistant and have been able to put in 40 hour weeks, but struggle with chemo brain and working at my normal full capacity.

They are now re-evaluting my job and have told me that they will be making some changes including me leaving my job. I know there is the FLMA leave which protects me for three months. I'm not sure what I should do, as that I can't be sure I'll could be back to "normal" in three months. Anyone have any troubles like this? Anyone have any thoughts on how or where I should turn for help? If not, please pray the decision makers are guided with a thoughtfull process and that I accept their decision.


Thank you.

Comments

  • grams2jc
    grams2jc Member Posts: 756
    #2
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    So they will have you leave permanently?
    Are they looking for a different spot for you or terminating you? Do you even know yet?

    What a bunch of hoopla as we say at work. I know that I am 2 1/2 months post my last Taxol but did not have herceptin. I feel that I have much better brain function, not perfect but no more completely blank spots. I also feel like I am better able to function more like I did before the dx.

    Good luck,

    Jennifer
  • disneyfan2008
    disneyfan2008 Member Posts: 6,583 Member
    #3
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    I thought my job was great
    I thought my job was great until 3rd day ...into-radiation-I was told I could not longer leave...now i was out for 6 wks (had more then enough sick time)while they did away with my job and transfered to different location/ same job. PRIOR TO going back I did contact legal help through cancer society to see what my rights were/are.LOOK INTO you local cancer support and they may help you with legal suggestion and under a grant free or on sliding scale..so far I have not needed it..but I DID feel better this time knowing my rights and what they could or could NOT DO..

    *I had complete hysterectomy due to side effects of tamoxifen after 2 1/2 yrs

    Denise
  • Mitzi333
    Mitzi333 Member Posts: 511 Member
    #4
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    disneyfan2008 said:

    I thought my job was great
    I thought my job was great until 3rd day ...into-radiation-I was told I could not longer leave...now i was out for 6 wks (had more then enough sick time)while they did away with my job and transfered to different location/ same job. PRIOR TO going back I did contact legal help through cancer society to see what my rights were/are.LOOK INTO you local cancer support and they may help you with legal suggestion and under a grant free or on sliding scale..so far I have not needed it..but I DID feel better this time knowing my rights and what they could or could NOT DO..

    *I had complete hysterectomy due to side effects of tamoxifen after 2 1/2 yrs

    Denise

    With FMLA there is job protection
    Check with your HR benefits department... Family Medical Leave Act (FMLA) is a 12-week leave of absence in a 12 month period. You do not have to take the time off in consecutive days, it can also be intermittment day use for up to 12 weeks. FMLA carries job protection. However, if your job is eliminated you are gauranteed a job of like responsibilies and pay within a commutable distance. Your HR benefits department should be able to assist with all of the specifics of FMLA. Has your employer told you, your job is beling eliminated? Is the entire department being eliminated? Are their severance options available? Are you a Union employee? There are many quetions that need to be addressed, especially dealing with your existing serious medical condition. I recommend you get a clear understanding of next steps from your supervisor and discuss further with HR. Legal counsel may also become involved. However, you need all of the facts prior to proceeding with legal actions.

    Wishing you all the Best!
    Mitzi ;0)
  • mamolady
    mamolady Member Posts: 796 Member
    #5
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    Look into the sliding scale
    Look into the sliding scale or free legal advise. The American Cancer Society main number may have contact in your area. Each state is different. If you have a union at work, they may be able to help.
    You need to file the FMLA paper work and it can be a little overwhelming. Your doctor needs to fill out part of it I think. Your HR department may or may not be of any help. Mine was frustrating. Each time I spoke to someone different I got a different answer.
    There are some protections but companies are finding ways to go around them especially in this economy.
    Cindy
  • disneyfan2008
    disneyfan2008 Member Posts: 6,583 Member
    #6
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    mamolady said:

    Look into the sliding scale
    Look into the sliding scale or free legal advise. The American Cancer Society main number may have contact in your area. Each state is different. If you have a union at work, they may be able to help.
    You need to file the FMLA paper work and it can be a little overwhelming. Your doctor needs to fill out part of it I think. Your HR department may or may not be of any help. Mine was frustrating. Each time I spoke to someone different I got a different answer.
    There are some protections but companies are finding ways to go around them especially in this economy.
    Cindy

    when I contacted cancer society
    They gave me info for local legal help...so far I just asked questions-I have not needed them for any reason.

    While out on medical I think they (NYS anyhow) must give a job..does not have to be Y OUR JOB...but with my job just last week...they did away with the position..so I THINK THEY COULD have fired me...but since out on medical I THINK THEY moved people around.

    I am civil service and union president contacted me so musst all be on the up and up..

    BUT if not on medical..I am wondering if I would have just been let go..

    good luck...i hope you get the answers needed here..
  • disneyfan2008
    disneyfan2008 Member Posts: 6,583 Member
    #7
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    mamolady said:

    Look into the sliding scale
    Look into the sliding scale or free legal advise. The American Cancer Society main number may have contact in your area. Each state is different. If you have a union at work, they may be able to help.
    You need to file the FMLA paper work and it can be a little overwhelming. Your doctor needs to fill out part of it I think. Your HR department may or may not be of any help. Mine was frustrating. Each time I spoke to someone different I got a different answer.
    There are some protections but companies are finding ways to go around them especially in this economy.
    Cindy

    when I contacted cancer society
    They gave me info for local legal help...so far I just asked questions-I have not needed them for any reason.

    While out on medical I think they (NYS anyhow) must give a job..does not have to be Y OUR JOB...but with my job just last week...they did away with the position..so I THINK THEY COULD have fired me...but since out on medical I THINK THEY moved people around.

    I am civil service and union president contacted me so musst all be on the up and up..

    BUT if not on medical..I am wondering if I would have just been let go..

    good luck...i hope you get the answers needed here..
  • disneyfan2008
    disneyfan2008 Member Posts: 6,583 Member
    #8
    Options
    mamolady said:

    Look into the sliding scale
    Look into the sliding scale or free legal advise. The American Cancer Society main number may have contact in your area. Each state is different. If you have a union at work, they may be able to help.
    You need to file the FMLA paper work and it can be a little overwhelming. Your doctor needs to fill out part of it I think. Your HR department may or may not be of any help. Mine was frustrating. Each time I spoke to someone different I got a different answer.
    There are some protections but companies are finding ways to go around them especially in this economy.
    Cindy

    when I contacted cancer society
    They gave me info for local legal help...so far I just asked questions-I have not needed them for any reason.

    While out on medical I think they (NYS anyhow) must give a job..does not have to be Y OUR JOB...but with my job just last week...they did away with the position..so I THINK THEY COULD have fired me...but since out on medical I THINK THEY moved people around.

    I am civil service and union president contacted me so musst all be on the up and up..

    BUT if not on medical..I am wondering if I would have just been let go..

    good luck...i hope you get the answers needed here..

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