Problem with work/job...put on probation and need advise

meena1
meena1 Member Posts: 1,003
edited March 2014 in Breast Cancer #1
I have been posting here for awhile. I hope someone can offer advise. I have worked for a large insurance company for over 10 years (Blue Cross) and i have always been a good employee. I was diagnosed in July 2008 with stage 4 bc. I had chemo, masectomy and rads which i worked through, except the surgery. On Friday, they put me on probation because my quality stats were off for 2 months. I was told that they could fire me anytime in the next 90 days. My job is very stressful, but i have never had a problem in the last 10 years so i cannot understand how they can fire me due to 2 errors!!!!! My supervisor and manager are aware of my stage 4 dx, how can they show no compassion????? My biggest problem is losing my health insurance. I cannot understand how they can do this. I thought maybe someone else went through this or are familar with the legalities of this.
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Comments

  • shortscake
    shortscake Member Posts: 228
    #2
    sorry
    I am sorry to hear you are having a hard time with your job but one thing we all must remember is that we work for a company and its said to say that we cant take things personal.When i was told i had cancer and would have to have chemo and rads the fist thing i did was take a leave from work. that way i didn't have worry about work and just think of my self, I live in GA and GA is a right to work state so after the 12 weeks off i might not have a job i will worry about that when the time comes, all i can say is get you a game plan and everything will work out fine.
  • elm3544
    elm3544 Member Posts: 748
    #3
    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.
  • roseann4
    roseann4 Member Posts: 992 Member
    #4
    I would contact your state's labor board.
    Hi Meena,

    Every state has different rules. I would contact your state labor board to find out your rights and what if anything you can do to protect yourself. If your issues started when your health issues started, you may have a discrimination case. HIPPA protects our privacy but if they are using their own company for the health provider they would have access to your medical information. I would ask for a copy of your employee file now and tell them in writing of your willingness to improve in the areas outlined in your review or put in writing if you contest the findings. From this point on, document everything. The devil is in the details and if they are trying to phase you out the door, they will be documenting everything they can to make their case. Journal the time you arrive and leave each day and any additional projects/work you provide.

    On the other hand, if the job is really stressful you may be better off without it.

    Good luck.

    Roseann
  • chenheart
    chenheart Member Posts: 5,159 Member
    #5
    Put the GRRRRRR in Girl-Power
    Compassion and Insurance Companies? I am sorry to say that for most of us, those are polar opposite terms! That you are seeing this , with a stage 4 dx and you WORK for one of the largest insurance companies almost defies credulity! I wonder if the positions of your supervisor or manager would be in jeopardy if one of them got a similar dx!
    I am not sure who you talk to, but I would definately go to my union rep ASAP! Perhaps you come under ADA, I am not sure. But I do know we are a vast, intelligent army of well-informed women with myriad experiences. I hope some of them weigh in and give you what you need. My heart is with you; I hope there is a good outcome, and that you will keep us in the loop and let us know that you were Victorious!!
    Hugs,
    Chen♥
  • Lynda53
    Lynda53 Member Posts: 210
    #6
    meena so sorry this has happened
    1st-Are you union? If so this is your first step.
    If not can you talk to your supervisor and or manager? Ask what can you do to alleviate this? Unless youhad gross erros or a record of them, progressive discipline is the key, especially in disciplary matters. Get whatver records you/they have and whatever they said in writing. Sorry but you may need it in the event of a lawsuit.
    Have you checked the lawsin your state?
    I have BCBS and woudl be happy to tell them I am leaving due to this action .I am leaving them inJanuary anyway!
    It is very sad that some big companies can do this. I am very fortunate to be with a huge communications company that has been great to me, so far!
    We shall see how great once I am out. Although I am FMLA approved I have yet to be out.
    Wish I could help more, but I think your best is to talk to them while you can.
  • Lynda53
    Lynda53 Member Posts: 210
    #7
    meena so sorry this has happened
    1st-Are you union? If so this is your first step.
    If not can you talk to your supervisor and or manager? Ask what can you do to alleviate this? Unless youhad gross erros or a record of them, progressive discipline is the key, especially in disciplary matters. Get whatver records you/they have and whatever they said in writing. Sorry but you may need it in the event of a lawsuit.
    Have you checked the lawsin your state?
    I have BCBS and woudl be happy to tell them I am leaving due to this action .I am leaving them inJanuary anyway!
    It is very sad that some big companies can do this. I am very fortunate to be with a huge communications company that has been great to me, so far!
    We shall see how great once I am out. Although I am FMLA approved I have yet to be out.
    Wish I could help more, but I think your best is to talk to them while you can.
    Peace
  • MAJW
    MAJW Member Posts: 2,510 Member
    #8
    OUTRAGEOUS!
    This just blows my mind.....I am so sorry you are dealing with this.......I think ROSEANN has given you GREAT advice......the only thing I can add is...........TALK TO AN ATTORNEY, PRONTO.....BE PROACTIVE

    I wish you the best
  • cindycflynn
    cindycflynn Member Posts: 1,132 Member
    #9
    Meena
    I work in HR, so maybe I can help.

    Have you exhausted your FMLA leave time? You should have 12 weeks per year available where the company must protect your job. If you think the errors may be related to your health, maybe taking some additional time off would help you to heal and be able to do your job better. Even if you've exhausted this time off, you may be considered to be covered under the ADA (Americans with Disabilities Act). Court cases have been decided where a company allowing additional leave time is considered a "reasonable accommodation" for a disability under this act.

    I would definitely suggest meeting with your manager and letting him/her know that you think your recent performance issues are related to your health issues.

    Also, I agree with the other advice about documenting everything. If it looks like your company is really fighting you on this, I would go first to the labor board of your state before going to an attorney. A lot of times you can get help for free, where an attorney might only get you what you could get on your own anyway, and then he'll take his fee out of that, so you could actually end up with less. Hopefully it won't come to that and you can work with your employer to make it work.

    So sorry you have to go through this. The last thing you need is the stress of having to worry about the security of your job.

    Good luck!
  • mimivac
    mimivac Member Posts: 2,143 Member
    #10
    Meena, I am very sorry
    This truly sucks and I'm sorry for all the extra stress on top of your already-stressful job. I think you should go into damage-control mode as soon as you can. The immediate emergency is to make sure you don't lose your job in the next 9 days. Can you schedule a meeting with your supervisor and ask what you can do to improve? Reiterate that you have been a valued employee for 10 years and that you take your job very seriously. Get the general vibe of how things are. You will probably have to read between the lines a little. Then start documenting everything. What they said you could do to improve, etc. Don't escalate things on your end. Make it difficult for them to find anything wrong. Then, when the probationary period has passed, work on finding a new job. It sounds like things are too stressful there on a day-to-day basis anyway. Good luck. Please let us know.

    Mimi
  • meena1
    meena1 Member Posts: 1,003
    #11
    mimivac said:

    Meena, I am very sorry
    This truly sucks and I'm sorry for all the extra stress on top of your already-stressful job. I think you should go into damage-control mode as soon as you can. The immediate emergency is to make sure you don't lose your job in the next 9 days. Can you schedule a meeting with your supervisor and ask what you can do to improve? Reiterate that you have been a valued employee for 10 years and that you take your job very seriously. Get the general vibe of how things are. You will probably have to read between the lines a little. Then start documenting everything. What they said you could do to improve, etc. Don't escalate things on your end. Make it difficult for them to find anything wrong. Then, when the probationary period has passed, work on finding a new job. It sounds like things are too stressful there on a day-to-day basis anyway. Good luck. Please let us know.

    Mimi

    Thank you everyone for the
    Thank you everyone for the advise. I have spoken to my supervisor, and told her what a good employee i have been, she said "doen't matter". I have this week off to regroup. I am considering talking to my doctor about taking time off since i do have the family medical leave. I would love to find another job, but everyone i talk to has stress in their jobs, plus i still go to treatments 2 times a month which i use my fmla for. but there is alot of good advice her that i will look over. Thank you so much! meena
  • mimivac
    mimivac Member Posts: 2,143 Member
    #12
    meena1 said:

    Thank you everyone for the
    Thank you everyone for the advise. I have spoken to my supervisor, and told her what a good employee i have been, she said "doen't matter". I have this week off to regroup. I am considering talking to my doctor about taking time off since i do have the family medical leave. I would love to find another job, but everyone i talk to has stress in their jobs, plus i still go to treatments 2 times a month which i use my fmla for. but there is alot of good advice her that i will look over. Thank you so much! meena

    "Doesn't matter"?!
    Yes, there are a lot of stressful jobs out there, but also a lot of great ones. And surely there are jobs where someone's 10-year history with the company merits more than a shrug and a threat to be fired. Lay low, Meena, and look for something better. Hugs,

    Mimi
  • Sunrae
    Sunrae Member Posts: 808
    #13
    meena1 said:

    Thank you everyone for the
    Thank you everyone for the advise. I have spoken to my supervisor, and told her what a good employee i have been, she said "doen't matter". I have this week off to regroup. I am considering talking to my doctor about taking time off since i do have the family medical leave. I would love to find another job, but everyone i talk to has stress in their jobs, plus i still go to treatments 2 times a month which i use my fmla for. but there is alot of good advice her that i will look over. Thank you so much! meena

    Meena, I don't understand
    Meena, I don't understand how this company can treat you so badly. In ten years you've had a couple of errors. Hope you are able to keep your job but if the worst happens and you lose it, you should be able to get umemployment, maybe then you will have the time to decide where to go. I used to work for an attorney and almost everyone can get umemployment. There have been some good suggestions here so hope something helps you soon. You're in my thoughts. Too, hope this is not a discrimination case because you have to take off for treatment.
  • roseann4
    roseann4 Member Posts: 992 Member
    #14
    Sunrae said:

    Meena, I don't understand
    Meena, I don't understand how this company can treat you so badly. In ten years you've had a couple of errors. Hope you are able to keep your job but if the worst happens and you lose it, you should be able to get umemployment, maybe then you will have the time to decide where to go. I used to work for an attorney and almost everyone can get umemployment. There have been some good suggestions here so hope something helps you soon. You're in my thoughts. Too, hope this is not a discrimination case because you have to take off for treatment.

    Don't take this lying down!
    Hi Again,

    The more I think about this the more angry I become. This is my own insurance carrier. They have a big pay day ahead of them when someone is stage 4. This is now a chronic disease and the good news is that you can live a long time but will have big money paid out in medical costs. They would love to get rid of you. You can go on Cobra but I have a friend who has been living with Stage 4 for 14 years. She's still working as a PA. Fight these people! You will be taking a stand for women everywhere who get downsized and layed off when they develope expensive health issues. I bet you have a good case for a lawsuit if they fire you. Go to the labor dept. as I recommended. With your health situation and the fact that they as the insurer as well as the employer know your health situation makes them vulnerable. Time to kick some insurance butt. How dare they think they can get away with this!

    Roseann
  • carkris
    carkris Member Posts: 4,553 Member
    #15
    roseann4 said:

    Don't take this lying down!
    Hi Again,

    The more I think about this the more angry I become. This is my own insurance carrier. They have a big pay day ahead of them when someone is stage 4. This is now a chronic disease and the good news is that you can live a long time but will have big money paid out in medical costs. They would love to get rid of you. You can go on Cobra but I have a friend who has been living with Stage 4 for 14 years. She's still working as a PA. Fight these people! You will be taking a stand for women everywhere who get downsized and layed off when they develope expensive health issues. I bet you have a good case for a lawsuit if they fire you. Go to the labor dept. as I recommended. With your health situation and the fact that they as the insurer as well as the employer know your health situation makes them vulnerable. Time to kick some insurance butt. How dare they think they can get away with this!

    Roseann

    I would contact a lawyer. I
    I would contact a lawyer. I do not know much about the subject but wanted to offer my outrage. Maybe you can put an article in the paper about how the compan treats its employees.
  • Sher43009
    Sher43009 Member Posts: 602 Member
    #16
    meena1 said:

    Thank you everyone for the
    Thank you everyone for the advise. I have spoken to my supervisor, and told her what a good employee i have been, she said "doen't matter". I have this week off to regroup. I am considering talking to my doctor about taking time off since i do have the family medical leave. I would love to find another job, but everyone i talk to has stress in their jobs, plus i still go to treatments 2 times a month which i use my fmla for. but there is alot of good advice her that i will look over. Thank you so much! meena

    Witness
    One thing that has not been mentioned so far is to have a witness with you when you talk to your supervisor. If it's just the 2 of you, it's her word against yours if it goes to the labor board or court.

    Go onto the Dr. Susan Love website susanlovemd.com, click on breast cancer and in the search type in disability. There's a link that offers free legal advise for cancer patients.

    Hope this helps.
    Sher
  • meena1
    meena1 Member Posts: 1,003
    #17
    Sher43009 said:

    Witness
    One thing that has not been mentioned so far is to have a witness with you when you talk to your supervisor. If it's just the 2 of you, it's her word against yours if it goes to the labor board or court.

    Go onto the Dr. Susan Love website susanlovemd.com, click on breast cancer and in the search type in disability. There's a link that offers free legal advise for cancer patients.

    Hope this helps.
    Sher

    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...
  • xskeetshooter
    xskeetshooter Member Posts: 169
    #18
    insurance
    you would lose your insurance ,thru your work? that says it all. they dont want to pay
  • DebbyM
    DebbyM Member Posts: 3,289 Member
    #19
    Sunrae said:

    Meena, I don't understand
    Meena, I don't understand how this company can treat you so badly. In ten years you've had a couple of errors. Hope you are able to keep your job but if the worst happens and you lose it, you should be able to get umemployment, maybe then you will have the time to decide where to go. I used to work for an attorney and almost everyone can get umemployment. There have been some good suggestions here so hope something helps you soon. You're in my thoughts. Too, hope this is not a discrimination case because you have to take off for treatment.

    I am so sorry Meena.
    I am so sorry Meena. This doesn't make sense how they would do this just for a couple of small errors. Before going to the expense of an attorney, try to see what you can do to have them reconsider your probation and have a witness with you whenever you talk to your supervisor. Document everything from here on out, with dates, times, everything. I hope it all works out for you and gets straightened out to where you can stay there if you want. Do you have it in writing from them as to why they put you on probation? If not, try to get it. This is just horrible. Good luck and keep us posted please.

    Debby
  • Jadie
    Jadie Member Posts: 723
    #20
    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
  • Taina
    Taina Member Posts: 166
    #21
    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..

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