UPDATE: Suddenly not eligible for FMLA ??? - Terminated ten minutes after submitting Onco's return d
HI EVERYONE, I NEED PRAYERS AND WISDOM BEFORE TACKLING THIS BEAST OF A COMPANY I WORK FOR~
I WAS TERMINATED ON FRIDAY, JANUARY 16TH AFTER MY ONCO AND REHABILITATION DOCTORS GAVE THEIR RECOMMENDED RETURN "NO SOONER THAN" DATE TO MY EMPLOYER.
PRIOR TO THIS HAPPENING:
IN AUGUST I RECEIVED A PHONE CALL FROM HUMAN RESOURCES JUST BEFORE GOING ON LEAVE (DOUBLE MASTECTOMY SURGERY WAS AUGUST 5TH.) JEN INFORMED ME WHEN I ASKED HOW DOES DISABILITY WORK, THAT I WAS PROTECTED UNDER THE FMLA ACT AND MY JOB IS SECURE. I JUST NEED TO FOCUS ON GETTING BETTER. SHE IS THE DIRECTOR OF HUMAN RESOURCES FOR MY COMPANY AND HAS BEEN EMPLOYED THERE FOR OVER TEN YEARS.
MY COMPANY IS BASED IN ODENTON, MD. I WORK OUT OF THEIR SATELLITE OFFICE IN AUSTIN.
DECEMBER 5TH I RECEIVED A CALL FIRST FROM MY BOSS, (DIRECTOR OF MY DEPARTMENT) THAT I WAS GOING TO GET A CALL FROM JEN TELLING ME THAT IF I CAN'T RETURN TO WORK FULL TIME AT FULL CAPACITY BY JAN.7TH THEN I WAS GOING TO BE TERMINATED. I SAID HOW IS THAT POSSIBLE I AM PROTECTED UNDER THEN FMLA ACT AND JEN TOLD ME THAT, WHAT CHANGED??? SHE SAID I HAVE TO TALK TO JEN SHE DIDN'T KNOW. I ALSO REMINDED MY BOSS THAT I AM STILL UNDERGOING CHEMO - A/C/T - I'M A STAGE 3A INVASIVE - LYMPHEDEMA AND AUXILLARY CORDING - CHEMO DOESNT END UNTIL JAN. 19 AND I STILL HAVE 30 ROUNDS OF RADIATION LEFT THAT DOESN'T START UNTIL JAN.27TH. SHE THEN SAID I CAN GIVE YOU UNTIL JAN. 21ST. YOU CAN DO RADIATION IN THE MORNING AND THEN COME DIRECTLY TO WORK. YOU WILL HAVE TO STAY AFTER WORK TO "MAKE UP " YOUR TIME IT TOOK FOR RADIATION THAT MORNING. THOSE ARE WHAT I HAVE TO OFFER. YOU WILL FIRST HAVE TO DO YOUR 8 HOURS AND THEN YOUR MAKE UP TIME AFTER THAT. I SAID I WOULDN'T BE GETTING HOME UNTIL 9PM!
JEN CALLS ME SECONDS LATER AFTER GETTING OFF THE PHONE WITH MY BOSS. SHE INDEED TELLS ME THE SAME INFORMATION AND I SAID WHAT A MINUTE, YOU SAID I WAS PROTECTED UNDER THE FMLA ACT! SHE STATES UNDER HER BREATH IN A NERVOUS VERY FAST BLURT ( HER ACTUAL WORDS) " something about a less than 50 employees rule and your satellite office is at 40 I don't know, that's what i was told.) I SAID " JEN WE HAVE ALMOST 1000 EMPLOYEES! CORPORATE RUNS ALL OUR OFFICES. WE DON'T SELF RUN OUR SATELLITES. WE DON'T EVEN HAVE A HUMAN RESOURSES DEPARTMENT HERE OR ANY BOSS, EVERYTHING IS RAN BY LINKED CONFERENCE CALLS AND OUR CHECKS ARE ONLY CUT FROM OUR MAIN OFFICE IN MARYLAND. SHE SAID NOPE I'M BEING TOLD ITS BASED FROM THE SATELLITE LOCATION AS TO THE EMPLOYEE COUNT. THE CALL ENDS.
I CALLED THE EEOC TO ENQUIRE. THEY SAID FIRST "WHERE ARE YOUR CHECKS CUT FROM?" I SAID MARYLAND. SHE ASKED HOW MANY EMPLOYEES ARE THERE? I SAID ROUGHLY OVER 500+. SHE SAID THEY HAVE VIOLATED YOUR RIGHTS AND HAVE CHOOSEN TO MAKE A LIFE CHANGING DECISION AGAINST YOU WITHOUT UNDERSTANDING THE LAW. THE DIRECTOR SHOULD HAVE LOOKED INTO THE NEWLY FOUND INFORMATION AND CALLED HER LEGAL DEPARTMENT BEFORE MAKING THIS CHANGE. SHE ALSO QUESTIONED THAT IF JEN, THE ONE WHO TERMINATED ME, HAS SHE UP UNTIL THAT POINT ALLOWED THE FMLA ACT TO APPLY TO THE OTHER EMPLOYEES? IF SO , THEN I AM BEING SINGLED OUT AND THAT'S DISCRIMINATION. EEOC SAYS MY COMPANY HAS INTERPRETED THE LAW INCORRECTLY. IT'S FIRST THE COMPANY EMPLOYEE POOL WHERE HUMAN RESOURCES LOCATION IS THAT DOES THE PAYROLL AND IF THAT'S NOT ENOUGH, WE THEN COUNT THE SATELLITE OFFICES TOWARDS THE EMPLOYEE TOTAL TO GET TO THE 50.
HERE ARE TWO SERIOUS PIECES OF INFORMATION TO BACK UP THE EEOC'S ALLOGATIONS:
FMLA ACT:
Employer requirements: your employer must have 50 or more employees on the payroll for 20 work weeks during the current or preceding calendar year. Employees who work for your employer within a 75-mile radius of your worksite count toward the 50-employee total.
MY COMPANIES' LINKEDIN WEBPAGE THAT STATES IN THE COMPANY EMPLOYEES SECTION: 500-1000
WRITTEN BY JEN - THE ONE WHO TEMINATED ME BASED ON THE 50 EMPLOYEE RULE.
IS THIS DISCRIMINATION?
PRAYERS TO ALL OF YOU ,
BONBON
Not everyone is protected by the FMLA. Both you and your employer must meet certain qualifications.
Employer requirements: your employer must have 50 or more employees on the payroll for 20 work weeks during the current or preceding calendar year. Employees who work for your employer within a 75-mile radius of your worksite count toward the 50-employee total.
Comments
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... horrible you are dealing with this on top ofbutton2 said:Don't let them get away with
Don't let them get away with it !!!!
health issues relating to your fight against breast cancer.
My suggestion: Start your documentation -
ex: on 8/2/14 - 8:30 a.m. telephone conversation with Jen XX relating to my disability leave ...
(anything in writting ?) keep copies ..
Telephone conversations -- Start recording -- make sure your party is aware that you are recording conversation
You have recently spoke with Jen -- call back with questions regarding your last call - record conversation this time - go over the last several phone calls -
Also, contact LABOR Board in your state, also in the State where Company is located - files taxes, etc ..
Hope some of this helps.
Vicki Sam
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BonBon...
Bon, I'm so very sorry that your employer felt it necessary to terminate your employment. I didn't have chemo, but I did have radiation and several reconstructive surgeries after my mastectomy. I worked while going thru radiation. It wasn't until the last few weeks that my skin started breaking down (getting severely sun burned) but I continued to work…I was off on short term disability/FMLA while recuperating from each of the surgeries.
My advice is to start with your local labor/employment agency – and, if need be, seek legal advice. Being without insurance and income is not an option when dealing with any illness…Good luck, and keep us posted…
Andi
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so sorry...is there a support
so sorry...is there a support group/ legal advice?
I'll check back to see if any upates..
HUGSSSSSSSSSSSSSSSSS
and pixie dust on your way
Denise
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so sorry to hear...
MY jobso sorry to hear...
MY job was not as bad as that..but i was told at the onset of my cance..do what you need to do...then the 3rd day into radiation on my lucnh hour (early) i was told you can no longer use your lunch hour at that time...
USE sick days daily..I told them i wouldn't have enough days..they didnt' care...I still hold a grudge though i must deal with these people 6 pluz years later..
best of luck...
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The FMLA leave entitles youdisneyfan2008 said:so sorry to hear...
MY jobso sorry to hear...
MY job was not as bad as that..but i was told at the onset of my cance..do what you need to do...then the 3rd day into radiation on my lucnh hour (early) i was told you can no longer use your lunch hour at that time...
USE sick days daily..I told them i wouldn't have enough days..they didnt' care...I still hold a grudge though i must deal with these people 6 pluz years later..
best of luck...
The FMLA leave entitles you to 12 weeks of unpaid leave in a 12 month period. The qualifying event being a serious health condition that makes the employee unable to perform the essential functions of his/her job Your health & medical benefits must be continued.
If you have questions, or you think that your rights under the FMLA may have been violated, you can contact the Wage and Hour Division (WHD) at 1-866-487-9243. You will be directed to the WHD office nearest you for assistance. There are over 200 WHD offices throughout the country staffed with trained professionals to help you. To find the one nearest you, go to http://www.dol.gov/whd/america2.htm.
Both Texas & Maryland are Employment at will States - which basically means they can terminate you for any reason or really no reason at all.
You are entitled to COBRA coverage for your medical benefits.
Perhaps you might want to contact your boss and ask if you can please work something out. Is it possible to work on Saturday to make up some of your time. I know it really stinks but it is the reality of the business world. I worked full time through my Chemo - had to take off 4 days; I was off 3 days when I was hospitalized due to Chemo complications. I had my Dbl Mastectomy on a Tuesday and was back working from home the following Monday. I did radiation before work. It's tough but you do what you have to.
Good luck and keep us posted
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button2 -button2 said:Don't let them get away with
Don't let them get away with it !!!!
I have already contacted a lawyer
It turns out my company never filed a FMLA leave for me AND I was paid from my fellow employees contributing there vacation time. So therefore I have never used my 12 week FMLA protection. I was told also by my human resources lady that I had TOTAL job security and it was open ended. This is how they are with employees. I should trust her right? She's the director!0 -
bonbondidit said:
button2 -
I have already contacted a lawyer
It turns out my company never filed a FMLA leave for me AND I was paid from my fellow employees contributing there vacation time. So therefore I have never used my 12 week FMLA protection. I was told also by my human resources lady that I had TOTAL job security and it was open ended. This is how they are with employees. I should trust her right? She's the director!
- oh the world we live in
- oh the world we live in ~0 -
Just so Unfair*Lilly9 said:The FMLA leave entitles you
The FMLA leave entitles you to 12 weeks of unpaid leave in a 12 month period. The qualifying event being a serious health condition that makes the employee unable to perform the essential functions of his/her job Your health & medical benefits must be continued.
If you have questions, or you think that your rights under the FMLA may have been violated, you can contact the Wage and Hour Division (WHD) at 1-866-487-9243. You will be directed to the WHD office nearest you for assistance. There are over 200 WHD offices throughout the country staffed with trained professionals to help you. To find the one nearest you, go to http://www.dol.gov/whd/america2.htm.
Both Texas & Maryland are Employment at will States - which basically means they can terminate you for any reason or really no reason at all.
You are entitled to COBRA coverage for your medical benefits.
Perhaps you might want to contact your boss and ask if you can please work something out. Is it possible to work on Saturday to make up some of your time. I know it really stinks but it is the reality of the business world. I worked full time through my Chemo - had to take off 4 days; I was off 3 days when I was hospitalized due to Chemo complications. I had my Dbl Mastectomy on a Tuesday and was back working from home the following Monday. I did radiation before work. It's tough but you do what you have to.
Good luck and keep us posted
So sorry this has happened to you...it is just so unfair. You have enough on your plate without all this.
Praying for you to be able to work this out somehow....Lots of good advice above given by gals who know more about it than I do. I worked during my chemo/radiation but they let me off when I had to be off....however my job then was Part Time and when I didn't work I didn't get paid...and I was already on Medicare so my case was totally different. Prayers for strength and courage. Glo
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I too am in a right to work state.
When I first went thru chemo, I was off for about 5 Weeks with the lumpectomy/ biopsy, whi h ended up in amastectomy one week later. then waz told to keep my job, I would need to return by the following Monday as they were doing the last training for my job which was converting to a New position with a buyout. Went back on Monday to start training and was told, they de ided not to do the training and to keep my job, I would have to move to another state, 40 of us moved, I had my first chemo 2 weeks b4 The big move, and lost all my hair the first day. that first day of the New location and New position (an upgrade), I was called out of training and told "no special consideration would be made for my condition. If I missed one day during training due to my condition I would be terminated. I looked at my New director and said, wrong! I have FMLA and will be off every Friday as I have appointments and treatment back where I came from. My ins was only good in that state and therefore, under FMLA, I am covered. Try Me and my attorney will be on you personall for discrimination! I then asked her if she was done. SIf looks would have killed, I would not be here today. I missed every Friday for the 18 weeks I was in Idaho. At that time she offered me a transfer ba k due to hardship. I was union and the Union pres in Idaho was working with her. On a Thursday eve (I had vac day for Fri that week), I had not heard from either of them so I called the Union pres, he called back and rea hed my vm. Then 15 mi b4 I was off, she (the director called my vm, left a message that all was a go! So I picked up the truck and a group from work came and helped mpack me up with my son. Monday I reportedd to work ba k in Salt Lake, there was no position. I lost it. Then I had the Salt Lake director listen to the vm that they each sent, both denied it was from them! Really. So they said hang tight for the week. My cell bill came, I was with the phone co. and it showed the numbers were inc. calls. The sl diector called each of the numhers, one was union pres cell, the 2nd one was the directors private company line, each call was over 5 minutes. Which was when the vm calls were. Caught the lies outright. I kept my job, but worked a lesser position ffor 11 monthswhen they opened up a training for the position I had in Idaho, I was able to keep my job, medicaletc. It was a fight even thou we all knew they were lying. My SL Union VP at the time is now the director and is highly regarded. She went to bat for me that time. When I was dx w/mets 8 years later, she fought for me again with the company when they were trying to deny my long term benefits. Dont give up, as hard and stressfull as it may be or become, it is worth the fight. One ethical person in a company makes all the difference. When I went back to work, I was so sick from the hemo tht I had my trash can next to me and would mute a customer while I was getting ill. That director was so bad that even the managers under her would tell me how wrong she was, but not say anything to defend my position when she was around. Thankfully, I am still receiving long term benefits until my 66th bday. I am no longer employed but when I was bx IV, The higher up said I waz a liability, and if I came back, I would no longer be an effective asset to the company, that one ethical employee who helped me after the Idaho mess, made sure that I was treated correctly and all benifits were handled correctly. Dont give in!
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checking back in to see how
checking back in to see how things are going
Denise
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FMLA never was implementedcamul said:I too am in a right to work state.
When I first went thru chemo, I was off for about 5 Weeks with the lumpectomy/ biopsy, whi h ended up in amastectomy one week later. then waz told to keep my job, I would need to return by the following Monday as they were doing the last training for my job which was converting to a New position with a buyout. Went back on Monday to start training and was told, they de ided not to do the training and to keep my job, I would have to move to another state, 40 of us moved, I had my first chemo 2 weeks b4 The big move, and lost all my hair the first day. that first day of the New location and New position (an upgrade), I was called out of training and told "no special consideration would be made for my condition. If I missed one day during training due to my condition I would be terminated. I looked at my New director and said, wrong! I have FMLA and will be off every Friday as I have appointments and treatment back where I came from. My ins was only good in that state and therefore, under FMLA, I am covered. Try Me and my attorney will be on you personall for discrimination! I then asked her if she was done. SIf looks would have killed, I would not be here today. I missed every Friday for the 18 weeks I was in Idaho. At that time she offered me a transfer ba k due to hardship. I was union and the Union pres in Idaho was working with her. On a Thursday eve (I had vac day for Fri that week), I had not heard from either of them so I called the Union pres, he called back and rea hed my vm. Then 15 mi b4 I was off, she (the director called my vm, left a message that all was a go! So I picked up the truck and a group from work came and helped mpack me up with my son. Monday I reportedd to work ba k in Salt Lake, there was no position. I lost it. Then I had the Salt Lake director listen to the vm that they each sent, both denied it was from them! Really. So they said hang tight for the week. My cell bill came, I was with the phone co. and it showed the numbers were inc. calls. The sl diector called each of the numhers, one was union pres cell, the 2nd one was the directors private company line, each call was over 5 minutes. Which was when the vm calls were. Caught the lies outright. I kept my job, but worked a lesser position ffor 11 monthswhen they opened up a training for the position I had in Idaho, I was able to keep my job, medicaletc. It was a fight even thou we all knew they were lying. My SL Union VP at the time is now the director and is highly regarded. She went to bat for me that time. When I was dx w/mets 8 years later, she fought for me again with the company when they were trying to deny my long term benefits. Dont give up, as hard and stressfull as it may be or become, it is worth the fight. One ethical person in a company makes all the difference. When I went back to work, I was so sick from the hemo tht I had my trash can next to me and would mute a customer while I was getting ill. That director was so bad that even the managers under her would tell me how wrong she was, but not say anything to defend my position when she was around. Thankfully, I am still receiving long term benefits until my 66th bday. I am no longer employed but when I was bx IV, The higher up said I waz a liability, and if I came back, I would no longer be an effective asset to the company, that one ethical employee who helped me after the Idaho mess, made sure that I was treated correctly and all benifits were handled correctly. Dont give in!
Wow - you sure did get the attitude you didn't deserve. I find some people just have zero empathy but more importanly they don't understand the law or feel they are above it when there is a high status ora around some people. I was told I had the federal protection FMLA ACT to protect me when I asked about my position. This person literallly told me it was illegal for them to deny me. Then in December, 4 months later, I received this random call stating I am inelgible for FMLA after all by the same person! I remembered asking " so I've never been on it from the get go? " She said no. I said well this all doesn't make any sense and I feel like someone thinks I'm stupid. In regards to the at will state; I k now that Texas is an at will state but no state can deny you your FMLA ACT protection since it's a Federal Law. The question here and around my senario is "does my company qualify as an FMLA Act company. Is there 50+ employees on their payroll or not? The answer is that they have over 500 in the corporate offices and an additional 300+ in their satellite offices around the country. The fact that I was denied this is against the law. I'm still waiting on the lawyer to reach me, I may be moving to another lawyer
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Definition of FMLA "covered employer"bonbondidit said:FMLA never was implemented
Wow - you sure did get the attitude you didn't deserve. I find some people just have zero empathy but more importanly they don't understand the law or feel they are above it when there is a high status ora around some people. I was told I had the federal protection FMLA ACT to protect me when I asked about my position. This person literallly told me it was illegal for them to deny me. Then in December, 4 months later, I received this random call stating I am inelgible for FMLA after all by the same person! I remembered asking " so I've never been on it from the get go? " She said no. I said well this all doesn't make any sense and I feel like someone thinks I'm stupid. In regards to the at will state; I k now that Texas is an at will state but no state can deny you your FMLA ACT protection since it's a Federal Law. The question here and around my senario is "does my company qualify as an FMLA Act company. Is there 50+ employees on their payroll or not? The answer is that they have over 500 in the corporate offices and an additional 300+ in their satellite offices around the country. The fact that I was denied this is against the law. I'm still waiting on the lawyer to reach me, I may be moving to another lawyer
Hopefully you will find the following information from the Employer's Guide to the FMLA of use in your situation:
"Lastly, you must work at a location where the employer has at least
50 employees within 75 miles of your worksite. So even if your
employer has more than 50 employees, if they are spread out and
there are not 50 employees within 75 miles of where you work, you
will not be eligible to take FMLA leave."
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Definitionjessiesmom1 said:Definition of FMLA "covered employer"
Hopefully you will find the following information from the Employer's Guide to the FMLA of use in your situation:
"Lastly, you must work at a location where the employer has at least
50 employees within 75 miles of your worksite. So even if your
employer has more than 50 employees, if they are spread out and
there are not 50 employees within 75 miles of where you work, you
will not be eligible to take FMLA leave."
Yes, I have seen that version as well jessiemom and then about 5 more versions of that sentence. This was the original version I read as well. I contacted the EEOC and they stated that I have to go by the location that the checks are cut in first. I told them there are so many different interpretations of this that I don't know which one to go with. I thought I wasn't eligable but they said no, you have to go by where the checks are cut.
This is why I am seeking a lawyer.0 -
Thinking about you -- and hopingdisneyfan2008 said:checking back in to see how
checking back in to see how things are going
Denise
things are working out in ... for your benefit.
Gentle hugs,
Vicki Sam
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It's just not right under any circumstancesVickiSam said:Thinking about you -- and hoping
things are working out in ... for your benefit.
Gentle hugs,
Vicki Sam
Your story makes me crazy! I hate this! I'm not able to interpret FMLA and am happy you're seeking legal advice. But the bottom line is - this is just not right. I understand a business' need to run their business, and I understand that an employee's personal health circumstances are not an employer's responsibility. Yeh, I get it. But it still just feels wrong. My heart goes out to you and I hope you can find resolution.
Sending hugs and prayers,
Suzanne
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UPDATE -SHORT TERM UP-BUY FOR 2015 CANCELLED
I found out over the past week that my HR person had taken it upon herself to cancel a short-term buy up policy I had signed up for without my consent, knowledge and signature.
I was dxd July 3 2014. I went on leave from work Aug. 3 2014. Double mastectomy Aug. 5 2014. In October I received an email from my boss that I had to call enrollment and re apply or deny insurance . Since I don't go through my company for insurance ( I have the same through husbands company) I just neded to call and deny the insurance.
The enrollment department knew I was battling breast cancer and informed me that they offer a buy- up policy for short term. For $7 /mo I can buy up a higher percentage of income that will be paid out to me for the next 2015 year incase I went back on short term for reconstruction. It would take short-term 64% to a higher 80 or 90% pay. She explained it to me and I thought it was great and signed up. Again this is for the next year, 2015. I was thoroughly explained the policy.
Recently (January 2015) I called to ask more about this policy and they informed me (insurance company) that my policy was cancelled in November of 2014. WHAAAAAAAAAAT??? I didn't do it, so who did??
They said well you HAD to have been asked and notified. I said no I wasn't! So I dig into my emails and search high and low for anothing from my work.
I found an email that was forwarded to me by a co -worker on November 10.
It says , this came in for you. From MY inbox at work where I haven't sat at in months while on leave!
Here is the email that was forwarded :
From: xxx
Sent: Monday, November 10, 2014 8:39 AM
Cc: xxx
Subject: short term disability buy-upGood morning,
I am going through and reviewing all the information from open enrollment. I see that you elected short-term disability buy up. Based on your annual salary, there isn’t a need for you to purchase this additional insurance. The base plan that the company provides to you at no cost is sufficient based on your annual salary. Anyone making $40,000 or under would receive no additional benefit from this plan. Therefore, I am going to cancel this coverage for you. Please let me know if you have any questions. "
Ok, I'm flat out outraged:
1. How will she know how much I will be making in 2015 when she cancelled it in 2014? (I make just under the $40k she stated I needed to make to "benefit" from the policy.)
2. I verified with the insurance company that there isn't a salary requirement.
3. She emailed my work email address my person information and reference to what I make where they have another person sitting at my desk using MY EMAIL account! Aren't I protected by HIPA?
4. I have been on disability since Aug. 3rd. WHY would I be sitting at a desk that they had a temp sitting at (that SHE hired) for the past 3 months? By doing this I had no chance of responding to her because I was home and going through hard core chemo. How would I have EVER known she cancelled my policy on my behalf?
5. The HR person CC'd herself. She would have had two copies of her email to be an elert that she sent to the wrong email address. Her sent box version and her cc'd version that went to her inbox.
6. Nothing in the mail to me, zero correspondance, no phone call to my house or cell, nothing to my email at home.
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Hibonbondidit said:UPDATE -SHORT TERM UP-BUY FOR 2015 CANCELLED
I found out over the past week that my HR person had taken it upon herself to cancel a short-term buy up policy I had signed up for without my consent, knowledge and signature.
I was dxd July 3 2014. I went on leave from work Aug. 3 2014. Double mastectomy Aug. 5 2014. In October I received an email from my boss that I had to call enrollment and re apply or deny insurance . Since I don't go through my company for insurance ( I have the same through husbands company) I just neded to call and deny the insurance.
The enrollment department knew I was battling breast cancer and informed me that they offer a buy- up policy for short term. For $7 /mo I can buy up a higher percentage of income that will be paid out to me for the next 2015 year incase I went back on short term for reconstruction. It would take short-term 64% to a higher 80 or 90% pay. She explained it to me and I thought it was great and signed up. Again this is for the next year, 2015. I was thoroughly explained the policy.
Recently (January 2015) I called to ask more about this policy and they informed me (insurance company) that my policy was cancelled in November of 2014. WHAAAAAAAAAAT??? I didn't do it, so who did??
They said well you HAD to have been asked and notified. I said no I wasn't! So I dig into my emails and search high and low for anothing from my work.
I found an email that was forwarded to me by a co -worker on November 10.
It says , this came in for you. From MY inbox at work where I haven't sat at in months while on leave!
Here is the email that was forwarded :
From: xxx
Sent: Monday, November 10, 2014 8:39 AM
Cc: xxx
Subject: short term disability buy-upGood morning,
I am going through and reviewing all the information from open enrollment. I see that you elected short-term disability buy up. Based on your annual salary, there isn’t a need for you to purchase this additional insurance. The base plan that the company provides to you at no cost is sufficient based on your annual salary. Anyone making $40,000 or under would receive no additional benefit from this plan. Therefore, I am going to cancel this coverage for you. Please let me know if you have any questions. "
Ok, I'm flat out outraged:
1. How will she know how much I will be making in 2015 when she cancelled it in 2014? (I make just under the $40k she stated I needed to make to "benefit" from the policy.)
2. I verified with the insurance company that there isn't a salary requirement.
3. She emailed my work email address my person information and reference to what I make where they have another person sitting at my desk using MY EMAIL account! Aren't I protected by HIPA?
4. I have been on disability since Aug. 3rd. WHY would I be sitting at a desk that they had a temp sitting at (that SHE hired) for the past 3 months? By doing this I had no chance of responding to her because I was home and going through hard core chemo. How would I have EVER known she cancelled my policy on my behalf?
5. The HR person CC'd herself. She would have had two copies of her email to be an elert that she sent to the wrong email address. Her sent box version and her cc'd version that went to her inbox.
6. Nothing in the mail to me, zero correspondance, no phone call to my house or cell, nothing to my email at home.
I have been reading and following up your story, however due serious health issues I did not have chance to reply.
First of all, I am very sorr. I have been in the similar situation, still was able to negotiate reasonable severance option, including 3 months insurance extension. It look like there were several legal violations in your case. You might want to seek a legal advice and file a formal complaint against your company at department of labor. Some knowledgeble social workers at your breast cancer center or working with your oncologist can help too. Keep us posted. You can pm me a specific question I be happy to help.
hugs
New Flower
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Policy cancelled without my consentNew Flower said:Hi
I have been reading and following up your story, however due serious health issues I did not have chance to reply.
First of all, I am very sorr. I have been in the similar situation, still was able to negotiate reasonable severance option, including 3 months insurance extension. It look like there were several legal violations in your case. You might want to seek a legal advice and file a formal complaint against your company at department of labor. Some knowledgeble social workers at your breast cancer center or working with your oncologist can help too. Keep us posted. You can pm me a specific question I be happy to help.
hugs
New Flower
Thank you New Flower for your posts. I appreciate you all taking time to respond to this. We are also putting a time line together of questionable behaviors from the particulr person. Four of us that were new-hires noticed that our our salaries that we agreed to ended up being changed on us. We didn't realize that it happened until our first few checks. When brought to her attention and our bosses, HR said sorry you signed it. You should have caught the error yourself. How about THEM apples?? It was all about a $.50 cent/hour difference. Yes this must be dealt with for the sake of the others.
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Keep fighting it.bonbondidit said:Policy cancelled without my consent
Thank you New Flower for your posts. I appreciate you all taking time to respond to this. We are also putting a time line together of questionable behaviors from the particulr person. Four of us that were new-hires noticed that our our salaries that we agreed to ended up being changed on us. We didn't realize that it happened until our first few checks. When brought to her attention and our bosses, HR said sorry you signed it. You should have caught the error yourself. How about THEM apples?? It was all about a $.50 cent/hour difference. Yes this must be dealt with for the sake of the others.
You have so much there. Giving out personal info to temps? Not filing your FMLA claim, canceling an ins. policy w/o your knowledge or consent... Dont let them wear you down. Keep us posted. I hope it ends in your favor along with a settlement or backpay for the time without a job. Don't know I would want to work there again with them, however, they cant get away with treating people like this, and once it is all over with, you can always decide if you want the job then. Are you covered with your medical thru your husband? I am hoping this is the case. I wish you the best. I learned just how terrible a company can be. I was very fortunate to have some really great supportive management here that had my back and was not afraid to go up against the directors in Idaho back in 2002, and now to back me in 2013 with the whole medicare, longterm disability mess when the new company that did the takeover was trying to tell me I didnt qualify for long-term benefits which I had paid extra on for 13 years. And that if I wanted to come back, that I was a liability now and to write me up if I did come back. Luckily it all just happened to get back to me, although I know I was not able to return I have seen this happen to so many and it just isnt right. FMLA is Federal and was put into place to protect us from this exact thing. Hugs, Carol
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