afraid of being fired

sweetblood22

Buckwirth said:

LTD
Do you have this in your benefits package? If so, you may want to run the clock out.

Sweetblood's super thread has ADA and FMLA links you may find useful, and Nana b on the CRC board works in HR, you may want to reach out to her for advice.

WHAT IF I CANNOT

WHAT IF I CANNOT WORK?:
-----------------------------------------


DISABILITY GUIDE


HNC COMPASSIONATE ALLOWANCE

DISABILITY AND WORKING GETTING PAID?

SOCIAL SECURITY DISABILITY


CANCER AND THE WORK PLACE:
-------------------------------------------------------


Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA)



Enforcement Guidance:
Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act



I would definitely check your benefits package to see if you have any disability insuarance. I thank God every day that I bought mine. I also applied for SSD. HNC depending on your diagnosis, can fall under the compassionate allowance and you could be approved right away. I was. I understand what you are going through. My boss was a grade A butt-hole. My job was very physical, and they would not make any exceptions for me at all. It was mandatory that I work 48 hours a week minimum, (more during holidays, with a mandatory 6th day) I had to close three nights a week, which meant working until 9:30pm, had to work at least two 12.5 hour days, then that doesn't even go into all the physical work that I couldn't do anymore. (unloading truck, cases of shoes with 12-24+ pairs per case, climbing ladders, then running all the shoes into the walls while trying to wait on customers and manage my employees...) Wasn't gonna happen.

I thought I would be back to work at most after 6 months. Just didn't work out that way. I used my FMLA unpaid leave, then I had to wait two or three months, I think before my work disability insuance kicked in. Then I was on that for several months and they kept pushing me to apply for SSD, so I did. So I had no income for 5-6. I had savings, thank God, that I burned through.

Honestly, with your three kids, I would apply for any help I could find.

denistd

sweetblood22 said:

WHAT IF I CANNOT

WHAT IF I CANNOT WORK?:
-----------------------------------------


DISABILITY GUIDE


HNC COMPASSIONATE ALLOWANCE

DISABILITY AND WORKING GETTING PAID?

SOCIAL SECURITY DISABILITY


CANCER AND THE WORK PLACE:
-------------------------------------------------------


Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA)



Enforcement Guidance:
Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act



I would definitely check your benefits package to see if you have any disability insuarance. I thank God every day that I bought mine. I also applied for SSD. HNC depending on your diagnosis, can fall under the compassionate allowance and you could be approved right away. I was. I understand what you are going through. My boss was a grade A butt-hole. My job was very physical, and they would not make any exceptions for me at all. It was mandatory that I work 48 hours a week minimum, (more during holidays, with a mandatory 6th day) I had to close three nights a week, which meant working until 9:30pm, had to work at least two 12.5 hour days, then that doesn't even go into all the physical work that I couldn't do anymore. (unloading truck, cases of shoes with 12-24+ pairs per case, climbing ladders, then running all the shoes into the walls while trying to wait on customers and manage my employees...) Wasn't gonna happen.

I thought I would be back to work at most after 6 months. Just didn't work out that way. I used my FMLA unpaid leave, then I had to wait two or three months, I think before my work disability insuance kicked in. Then I was on that for several months and they kept pushing me to apply for SSD, so I did. So I had no income for 5-6. I had savings, thank God, that I burned through.

Honestly, with your three kids, I would apply for any help I could find.

Getting fired
Hi lass

I was a HR Director for 15 years before retiring in 2005. Regulations changed a little for the FMLA and I think your out of luck with anything to do with that. 12 weeks are guaranteed and will return you to your old position or something like it at the same rate of pay and benefits. It does state that the company can grant 12 more weeks but there are no guarantees. Cancer is deemed a disability under the ADA, but it is to stop discrimination and states that the company must make reasonable accomodation for the employee to be able to perform the basic functions of the job, and is usully applied to hiring practices, reasonable accomodation means financially mostly, if the cost is prohibitive it may not apply, reasonable usually means less than a couple of thousand. I suggest you start looking at SSD, you have children and they have priorities in decisions. Alcoholics and drug addicts can qualify for SSD, get after them.

nwasen

Afraid of being fired
I feel so bad for you being in that awful spot. My boss where I work was going to fire me....long story too long for now. I got my immediate boss to go to bat for me and dodged that bullet. I used up all my time off. Some of my co workers offered to give me their sick time and the company would not allow it.
I was fortunate that I was able to go back to work when I had to. March was my hire date and I got 10 more sick days then. I have to use either those or a vacation day when I take off every 3 months for follow ups.
some people and companies have no heart and no compassion, no matter how good a worker you have been.
Chin up and I will be hoping for the best for you!
Peace
Nancy

Heavenleah

nwasen said:

Afraid of being fired
I feel so bad for you being in that awful spot. My boss where I work was going to fire me....long story too long for now. I got my immediate boss to go to bat for me and dodged that bullet. I used up all my time off. Some of my co workers offered to give me their sick time and the company would not allow it.
I was fortunate that I was able to go back to work when I had to. March was my hire date and I got 10 more sick days then. I have to use either those or a vacation day when I take off every 3 months for follow ups.
some people and companies have no heart and no compassion, no matter how good a worker you have been.
Chin up and I will be hoping for the best for you!
Peace
Nancy

Well bad news is I am indeed
Well bad news is I am indeed out of FMLA, used up from my other surgeries this year. (2011 is not proving to be my most favorite year). Good news is I do have short term disability and pay extra per month for long term disability (thinking im happy i opted for that one!) Little more bad news, you have to use a week of vacation time before STD kicks in. So thats not too bad. I looked up the SSD thing, and I dont really understand. It says you have to expect to be disabled for 12 months or more...am I really going to suffer through this mess for that long??? I thought rad was only like 9 weeks or something, but again, I dont have all the details on what treatments I will be getting yet either... Im kind of shocked that you got SSD if the we arent expected to be out 12 months, or are we? ugh so much info! now im more confused than ever!

sweetblood22

Heavenleah said:

Well bad news is I am indeed
Well bad news is I am indeed out of FMLA, used up from my other surgeries this year. (2011 is not proving to be my most favorite year). Good news is I do have short term disability and pay extra per month for long term disability (thinking im happy i opted for that one!) Little more bad news, you have to use a week of vacation time before STD kicks in. So thats not too bad. I looked up the SSD thing, and I dont really understand. It says you have to expect to be disabled for 12 months or more...am I really going to suffer through this mess for that long??? I thought rad was only like 9 weeks or something, but again, I dont have all the details on what treatments I will be getting yet either... Im kind of shocked that you got SSD if the we arent expected to be out 12 months, or are we? ugh so much info! now im more confused than ever!

Good news. Excellent news, actually.
Well, at least you have disability through work, that's excellent. I forget if that's half pay, or two thirds of your salary. I am not sure how long it was when I got SSD. I'm so tired right now I can't remember. For some reason I am thinking other people have gotten SSD and it wasn't after 12 months. I'll sleep on this. But great news on the STD and LTD.

YoungMummy

sweetblood22 said:

Good news. Excellent news, actually.
Well, at least you have disability through work, that's excellent. I forget if that's half pay, or two thirds of your salary. I am not sure how long it was when I got SSD. I'm so tired right now I can't remember. For some reason I am thinking other people have gotten SSD and it wasn't after 12 months. I'll sleep on this. But great news on the STD and LTD.

LOL @ Adventurebob
I have to say Adventurebob did make me literally laugh out loud..........couldn't agree more!!!

So sorry you are having to deal with all this stress on top of everything else Although sounds like you may have worked something out over the past few days which is great.

I am useless to you as living in the UK our system is completely different. Just wanted you to know I have you in my thoughts and prayers......keep smiling x

Buckwirth

Heavenleah said:

Well bad news is I am indeed
Well bad news is I am indeed out of FMLA, used up from my other surgeries this year. (2011 is not proving to be my most favorite year). Good news is I do have short term disability and pay extra per month for long term disability (thinking im happy i opted for that one!) Little more bad news, you have to use a week of vacation time before STD kicks in. So thats not too bad. I looked up the SSD thing, and I dont really understand. It says you have to expect to be disabled for 12 months or more...am I really going to suffer through this mess for that long??? I thought rad was only like 9 weeks or something, but again, I dont have all the details on what treatments I will be getting yet either... Im kind of shocked that you got SSD if the we arent expected to be out 12 months, or are we? ugh so much info! now im more confused than ever!

You have LTD
so you have options.

First, LTD's have lower qualifying standards than SSDI. Second, since you paid with after tax dollars, all income from this is TAX FREE!

SSDI becomes a kind of secondary concern. If you do qualify, your LTD amounts will be discounted by the amount SSDI pays out, and the SSDI amount will be taxable.

If you do qualify for SSDI, the LTD company will pay, and there will be no questions. If not, the insurance company may push for secondary doctor information etc. to prove you are still disabled.

SSDI is semi-automatic for most cancers with metastasis. You have not indicated the extent of your cancer, so I have no opinion on whether or not you qualify.

You should look into the LTD while you are still employed.

Good luck,

Blake

sweetblood22

Buckwirth said:

You have LTD
so you have options.

First, LTD's have lower qualifying standards than SSDI. Second, since you paid with after tax dollars, all income from this is TAX FREE!

SSDI becomes a kind of secondary concern. If you do qualify, your LTD amounts will be discounted by the amount SSDI pays out, and the SSDI amount will be taxable.

If you do qualify for SSDI, the LTD company will pay, and there will be no questions. If not, the insurance company may push for secondary doctor information etc. to prove you are still disabled.

SSDI is semi-automatic for most cancers with metastasis. You have not indicated the extent of your cancer, so I have no opinion on whether or not you qualify.

You should look into the LTD while you are still employed.

Good luck,

Blake

Blake is correct.
I was so out of it last night, that i do not even remember writing my post. I was so tired from not sleeping the night before.

My LTD insurance company wanted me to apply to SSD because then I would have to give them any back pay that SSD would send me, and then they would reduce the amount of disabilty that they send me, by the amount that I receive from SSD.

So, let's just say I was receiving $190.00 a month from a LTD insurance company. (just picking numbers for illustration) Once my SSD kicks in, I would receive about $120 in SSD and $70. from the LTD. So, you would receieve the same amount monthly, just split between the two.

Hondo

adventurebob said:

That guy's an ****
I'm sorry you have to deal with that kind of human while going through all this. I'm not really sure what the legality is but a letter from your doc would officially qualify you as a disabled person with a whole new load of rights that would definitely keep that jerk from firing you or at the very least give you a solid legal leg to stand on if he does. I'm curious what state you're in. In California we get 12 months of state disability. I used all 12 months of mine as I was going through and recovering from treatment. There are a few other states with such a thing in place. I think what I'd recommend is calling up his mother and letting her know how her son treats another lady with cancer. She can probably straighten him out. There's probably a state disability organization that would have good solid answers for you.

AB

Hi Bob
I totally agree with that statement, sound like someone needs to give him a good kick right there to get him straight.

Hondo

Hondo

Hi Heavenleah

Sorry to hear you are having so many problems with your Boss, I would ask him for him Mother Phone number so you can call and take to her. Sometime these type of people for get that just because we have cancer that we are still human

Take care
Hondo