Problem with work/job...put on probation and need advise
Comments
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Sorrymeena1 said:All I can say is THANK YOU
All I can say is THANK YOU all so much. All weekend, i have been blaming myself, not knowing what to do, and now you guys have given me so much info. This web site rocks...
I am very sorry . It look like the major points have been covered by other ladies. I also was laid off during radiation treatment. I could not prove that discrimination look place due the company workforce reduction event. However I hope your case is different and you need to protect yourself or fight (if you can) or at least get financial (Long term disability or severance) and medical benefits (COBRA).
Call and Talk to your oncologist and ask if they can help you. Probably a good attorney, who is specializing in discrimination issues could help. it is clear that you have been discriminated by your employer . You need to have documentation, copies your annual reviews showing that prior to your illness for 10 years you have been a very good employee. Breast cancer survivors are protected under Employees with Disabilities Act but proving discrimination and get protection is difficult. Do not blame yourself. You did nothing wrong.
You do not need stress in your life and I wish you positive resolution of your job situation.
Please update us on your situation.0 -
This is horrible that thiselm3544 said:I am so sorry to hear of
I am so sorry to hear of this. I don't think I can offer any help. I was fired from my job Dec. 4th because I had no more available time off to use.
I know most employers have steps they go through. Probation seems like an advanced step, like something was skipped? I hope you are able to work it out and so sorry for this situation. Wish you the best of luck.
This is horrible that this is happening to you. I can't offer much more than what the other bc survivors have written here to you. But, good luck and keep us informed as to what goes on. Sending you hugs!
Sue
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This does make me so mad.Jadie said:I just wanted to share my rage also
What goes around comes around. I would love to tell your superiors that. There I said it and I feel better. LOL Fight those basturds. Notice spelling, yes they are turds.
Hugs
Jadie<3
PS amen to what skeet said</p>
This does make me so mad. It just is not fair. I hope that everything works out for you Meena.
KYLEZ ♥0 -
Makes me mad too!Taina said:i'm sorry to hear that...
Hello...
i'm so sorry to hear about what you're going thru...
like you need more stress...
a big health insurance company..whao!!!
but when you deal with #'s, stats like that companies don't care...
i don't think there is anything you can do that you already done
except to talk to higher up management....
you can take leave bringing a note from your doctor on needing
time off due to medical reason and then look for another job but
if you go for interviews then they may call your supervisor for references...
i'm sure you're also thinking about your health insurance if you go to work
for another employeer.....if they fire you because of stats, not meeting your production/quality you may qualify for unemployment...how much more tx do you have???
is there any other position you can do in the company with no stats???
i work for the goverment and i'm review by quality/stats which i have to meet also..
so far ok but you never know...my supervisor and management have been great but i fear one day will happend like you...
i will be praying for you to make the right decision...
just remember your health and peace of mind are 1st....
do not quit your job or resign because that will affect your unemployment....
good luck...
if you have any other questions send me a message..
Meena, this is unbelievable. It angers me too. I hope that it all works out.
Praying for you!
Leeza0 -
Meena, this just sucks!! I
Meena, this just sucks!! I agree with Skeet, I think because of the cost of treating bc, they are looking for a way to terminate you. Then, no cost to them. Unless, of course you took out the cobra insurance which I know is very cost prohibitive. But, considering the cost of treating bc, it may be the only choice, if that's what it comes to. I'm so sorry that you have to worry about this along with everything else as you fight this beast. Keep us posted, we'll be with you every step of the way!!0 -
I pray that somehow thisxskeetshooter said:insurance
you would lose your insurance ,thru your work? that says it all. they dont want to pay
I pray that somehow this will all work out in your favor. This is horrible that they would do this to you. Please keep us updated!
Lex♥0 -
MeenaMyTurnNow said:Meena, this just sucks!! I
Meena, this just sucks!! I agree with Skeet, I think because of the cost of treating bc, they are looking for a way to terminate you. Then, no cost to them. Unless, of course you took out the cobra insurance which I know is very cost prohibitive. But, considering the cost of treating bc, it may be the only choice, if that's what it comes to. I'm so sorry that you have to worry about this along with everything else as you fight this beast. Keep us posted, we'll be with you every step of the way!!
How is going?0 -
I too fearNew Flower said:Meena
How is going?
Meena,
the wellness organization also offers free legal advice to cancer patients. They had a session
at the center near me, related to employment but due to surgery, I missed. But I too am afraid
that they may fire me. I do my best and work hard and get really mad when my appointments
require me to take time off, it is stressing me out.
I really hope will have a resolution in your favor, 10 YEARS, is a big chunk of your life, how
dare they!!!! : (
Hang in there
Ayse0 -
work/job
Meena the same happened to me. First I wrote down every incident that happened. Eventually, I resigned and applied for unemployment but wound up with disability instead, thanks to my docs. The problem is that they know it is illegal to fire you for your health issues so they are building a case of other stuff to get rid of you. I was able to have the labor board (it was free when I applied for unemployment) rule I was harassed into quitting and that they were trying to find reasons to force me to go (they couldn't find anything worth terminating me).
I forget what state you are in but is there any disability insurance available to you either through work or the state? Unfortunately they are very well schooled in these tactics. Do not sign anything they give you to sign as it shows acceptance of their point of view. Is it possible to confront someone there regarding the real feasibility of you staying? Cobra may be your only option for med ins if you leave unless you can find another job and I would start looking yesterday.
I realize this isn't good news but I found out this is a common thing with cancer patients.
See you in chat babe0 -
For lisamnovaktufi000 said:work/job
Meena the same happened to me. First I wrote down every incident that happened. Eventually, I resigned and applied for unemployment but wound up with disability instead, thanks to my docs. The problem is that they know it is illegal to fire you for your health issues so they are building a case of other stuff to get rid of you. I was able to have the labor board (it was free when I applied for unemployment) rule I was harassed into quitting and that they were trying to find reasons to force me to go (they couldn't find anything worth terminating me).
I forget what state you are in but is there any disability insurance available to you either through work or the state? Unfortunately they are very well schooled in these tactics. Do not sign anything they give you to sign as it shows acceptance of their point of view. Is it possible to confront someone there regarding the real feasibility of you staying? Cobra may be your only option for med ins if you leave unless you can find another job and I would start looking yesterday.
I realize this isn't good news but I found out this is a common thing with cancer patients.
See you in chat babe
Just bumping this up for lis0 -
That is Such BS
I am so mad about what is happening to you. Try the Patients Avocate Agency. I have also found some info I am posting for you to review. If I come up with anything else, I will send it to you.
For breast cancer:
The Women’s Health and Cancer Rights Act of 1998 (WHCRA)
Connecticut Breast Cancer Patient Protection Act (SB334)
Americans with Disabilities Act (ADA)
Family Medical Leave Act (FMLA)
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Health Insurance Portability and Accountability Act (HIPAA)
Medicare
Social Security Benefits
See more detail at http://breastcancer.uchc.edu/toc/financial/laws.html
General:
How does employment discrimination apply to cancer?
Employment discrimination occurs when an employer makes decisions about your employment based on certain characteristics (for example, race, age, sex, physical ability and religion), without looking at whether you can actually perform the job. For cancer survivors, employment discrimination could be focused on your medical condition. This discrimination can be based on myths, fears and stereotypes about what people with cancer can or cannot do at work. An employment decision should not be based on speculation or a guess about what a post-treatment or long-term cancer survivor can and cannot do in the workplace.
Employment discrimination also includes an employer’s failure to provide a “reasonable accommodation” to allow a qualified person with cancer to perform his or her job. An accommodation is a change your employer makes to help you do your job during or after your cancer treatment. Examples of accommodations include a change in the number of hours you work or changes to your job duties.
Experiencing employment discrimination after you have successfully completed treatment for cancer is very discouraging. With all of the health, emotional and financial challenges of treatment, experiencing employment discrimination can seem overwhelming and unfair. Because discrimination happens, survivors must learn about the laws and their rights.
Why would a cancer survivor be at risk for employment discrimination?
Cancer, cancer treatment or late effects of cancer may or may not affect your ability to do your job. If it does not affect your job performance, you are not required to tell your employer about your cancer.
Your cancer, cancer treatment or late effects of treatment may entitle you to protection under the Americans with Disabilities Act (ADA). If so, your employer cannot discriminate against you because you have cancer or late effects of cancer as long as you are qualified to do your job. In addition, if your cancer or late effects of cancer interfere with your job, your employer may need to provide reasonable accommodations to allow you to perform the essential functions of your job.
Some common reasons survivors experience employment discrimination include:
Employers sometimes have incorrect assumptions about what cancer survivors can or cannot do.
Survivors sometimes need to leave town for treatment.
Employers are often uncertain about the time requirements needed for cancer treatment or follow-up appointments.
Employers sometimes fear their insurance costs will go up.
Survivors may need to change how they perform their job.
Employers sometimes incorrectly view cancer as a death sentence and are worried that survivors may not be able to perform their job duties.
Sometimes post-treatment and long-term survivors have effects from their cancer treatment, such as fatigue, chronic pain or some type of cognitive problem. If a person is qualified to do his or her job, the employer will need to provide a reasonable accommodation.
Which federal laws protect cancer survivors?
Two main federal laws protect cancer survivors from employment discrimination: the Americans with Disabilities Act and the Family and Medical Leave Act. Both are described below.
Americans with Disabilities Act
The ADA’s goal is to “level the playing field” for people with disabilities so that they have equal opportunity for employment. The ADA applies to all phases of the employment process, including hiring, benefits, promotions, layoffs and raises.
Who is covered under the ADA?
The ADA applies to employers with 15 or more employees and to employees of state and local governments. State employees cannot sue for monetary damages against their state employer, but can still sue their state to get their job back. State employees may also have additional protection under their own state laws.
How do you get protection under the ADA?
The ADA applies to a person who is a “qualified individual with a disability.”
A person can show they are disabled by the following:
Having a physical or mental impairment that substantially limits a major life function, such as concentrating, sleeping, eating, walking, talking, breathing, caring for oneself; or
Having a history of an impairment; or
Being regarded as having an impairment
Post-treatment and long-term survivors may fall into the category of “having a history of an impairment.”
The disability must be looked at in its corrected condition. For example, you have to look at how a person is doing at the time s/he thinks the discrimination occurred and what the effects of the cancer treatment were at that time. If medications were effectively limiting the symptoms, then the person may not be protected. This means that if your cancer treatment symptoms or your post-treatment symptoms are under control by medications, you MAY NOT be protected. This is decided on a case by case basis.
A person must also be a “qualified individual.” This legal term means the person can perform the essential functions of the job with or without reasonable accommodation. The employer must provide reasonable accommodation to a qualified individual so long as it does not create an undue hardship to the employer.
Some examples of reasonable accommodations are:
Reassignment to a vacant position
Light duty
Flexible hours
Possibly a period of leave time
Generally, employees must ask the employer for a reasonable accommodation. A company’s human resource department often supervises the accommodations. All requests for accommodation are confidential.
Do I have to tell my employer I have cancer if I don’t need a reasonable accommodation?
This is a personal choice each person must make. You are not required to tell your employer you have or had cancer. Not every employee wants to tell his or her employer. Some employees are concerned that if they tell their employer they have or had cancer, they will be treated differently and will be discriminated against. Some survivors choose not to disclose their medical condition if they do not need the employer to make any reasonable accommodations. However, if you think you are being discriminated against because you have or had cancer, you are not entitled to protection under these laws if your employer does not know about your medical condition.
Family and Medical Leave Act
The other federal law that helps cancer survivors and their caregivers is the Family and Medical Leave Act. Under the FMLA, a person can take up to 12 weeks of unpaid medical leave in a year to care for a seriously ill spouse, parent or child or for an employee’s serious medical condition. The FMLA applies to employers with 50 or more employees within a 75-mile radius. A person must have worked at the company for at least one year and have worked a minimum of 1,250 hours in that year to take leave under the FMLA.
The leave is unpaid. However, the employee’s job is protected. This means that the employee can return to the same or an equivalent position. The employee’s benefits also stay in place. If the employer is paying for someone’s health insurance, the employer will continue to pay while a person is on FMLA leave time.
The leave time can be taken all at once or as a person needs to take time off. Also, cancer patients may be able to take time off for 12 weeks under the FMLA and then possibly take an extended medical leave as a reasonable accommodation under the ADA.
Do state laws protect cancer survivors’ employment rights?
The state where you live may have similar or more protective laws that protect people with cancer. These laws may apply to employers with fewer employees than under the ADA. Find out the specific FMLA law for the state in which you reside. This law may be different in each state.
Can an employer fire someone who has cancer?
Employers do not have to hold someone’s job indefinitely. How long an employer must hold someone’s job generally depends on whether the time off creates an undue hardship for the employer. The employer may also have a medical leave policy that limits the amount of time someone can take off.
Employers can fire people for many reasons. For example, a company can “downsize” and many employees may lose their jobs. Or, an employee can be fired for not doing a good job. However, an employer cannot fire people with disabilities just because they have disabilities.
What can a survivor do to prevent employment discrimination?
Do not lie on a job or insurance application. You don’t want to lose your job or your health insurance because you did not tell the truth.
You do not have to volunteer that you have or had cancer unless it directly affects your ability to perform the job.
Be confident in your abilities and apply for jobs that match your abilities.
Educate yourself about your legal rights as a cancer survivor.
Prepare your resume so that it focuses on your skills and work experience and not periods of unemployment.
You may have to explain periods of unemployment. Focus on your current health, and, if possible, explain why you are now in good health and expect to remain in good health.0 -
I dont know if I will have my job or not
IM kinda going through the same thing, I was dx in June with bc, the fast moving, very aggressive type. Pet scan showed a hot spot on right overy, had that removed, port placed and than started chemo which was gonna be the next 5 months. Then there was the big decision after the lumpectomy, remove both breasts as recommended by the genetic dr. or go with the radiation dr. who says its not nessasary. It was time for a second opinion, off to WVU for my "tie-braker". Great news he say no more surgery right now, that I have been through enough right now and if 3 years down the road if im still worried aabout it then to consider the bi-lateral mastectomy??? So anyway ive been at my job 14 years and after I was off 12 weeks they replaced me, and told me when I was ready to come back they would see what was available for me. I already know they will make me part-time which means I will not have insurance, we all know we have to keep any insurance we have now because who will cover us now??? I guess I will finish radiation and see what happens.0 -
Wow, that is a lot of info,missymccrobie said:I dont know if I will have my job or not
IM kinda going through the same thing, I was dx in June with bc, the fast moving, very aggressive type. Pet scan showed a hot spot on right overy, had that removed, port placed and than started chemo which was gonna be the next 5 months. Then there was the big decision after the lumpectomy, remove both breasts as recommended by the genetic dr. or go with the radiation dr. who says its not nessasary. It was time for a second opinion, off to WVU for my "tie-braker". Great news he say no more surgery right now, that I have been through enough right now and if 3 years down the road if im still worried aabout it then to consider the bi-lateral mastectomy??? So anyway ive been at my job 14 years and after I was off 12 weeks they replaced me, and told me when I was ready to come back they would see what was available for me. I already know they will make me part-time which means I will not have insurance, we all know we have to keep any insurance we have now because who will cover us now??? I guess I will finish radiation and see what happens.
Wow, that is a lot of info, thank you so much. There seems to be a few of us in the same position as me! That is so crummy. I know that someone else started a post like this. sigh. I wish there was something that can be done to protect us.0 -
missymccrobie welcomemissymccrobie said:I dont know if I will have my job or not
IM kinda going through the same thing, I was dx in June with bc, the fast moving, very aggressive type. Pet scan showed a hot spot on right overy, had that removed, port placed and than started chemo which was gonna be the next 5 months. Then there was the big decision after the lumpectomy, remove both breasts as recommended by the genetic dr. or go with the radiation dr. who says its not nessasary. It was time for a second opinion, off to WVU for my "tie-braker". Great news he say no more surgery right now, that I have been through enough right now and if 3 years down the road if im still worried aabout it then to consider the bi-lateral mastectomy??? So anyway ive been at my job 14 years and after I was off 12 weeks they replaced me, and told me when I was ready to come back they would see what was available for me. I already know they will make me part-time which means I will not have insurance, we all know we have to keep any insurance we have now because who will cover us now??? I guess I will finish radiation and see what happens.
sorry for you situation. I can relate to it because in fact I was laid off as a part of downsizing from well-known employer. By law they cannot replace you or put you on a part-time job. However, they can try to find violation or performance problems.If you feel or suspect that something is going on try to document everything. Obtain your HR work file, copy of performance reviews.You need to collect documents showing that you have been a good employee for 14 years. It is difficult fight and you need to focus on your treatment and well-being. Ask clinical social worker(usually connected with oncologist, radiologist, or your hospital) for help and support. It could be very useful.
Good luck with your treatment. Keep us posted.
Hugs,
New Flower0 -
I was just firedmeena1 said:Wow, that is a lot of info,
Wow, that is a lot of info, thank you so much. There seems to be a few of us in the same position as me! That is so crummy. I know that someone else started a post like this. sigh. I wish there was something that can be done to protect us.
Meena, I am so sorry! I was just fired from my job of 10 yrs for the same thing you got put on probation for! I had complications from my surgery and had to use my FMLA on that, and took unpaid time off for chemo. My husband was laid off 2 yrs ago, and I was the only one bring in any money. So, we lost our income and our insurance with two kids! I have applied for unemployement, food stamps, & Medicad. My sister is going to help pay for Cobra, just for me. I am looking for an attorney. You need to make sure you document EVERYTHING!!!! Do not keep anything at work. Make sure you have witnesess for any conversation you have with your boss. What state do you live in? Good luck! Hugs!0 -
bumping this upNew Flower said:missymccrobie welcome
sorry for you situation. I can relate to it because in fact I was laid off as a part of downsizing from well-known employer. By law they cannot replace you or put you on a part-time job. However, they can try to find violation or performance problems.If you feel or suspect that something is going on try to document everything. Obtain your HR work file, copy of performance reviews.You need to collect documents showing that you have been a good employee for 14 years. It is difficult fight and you need to focus on your treatment and well-being. Ask clinical social worker(usually connected with oncologist, radiologist, or your hospital) for help and support. It could be very useful.
Good luck with your treatment. Keep us posted.
Hugs,
New Flower
for Laurael0
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