Fired from work
Hello Everyone,
I hope this finds everyone as well as can be.
Let me begin. I worked for a well known replacement window company in Michigan for almost nine years. After being diagnosed with stage 2 colon cancer in November of 2007, I took a leave of absence from work to have surgery in January of 2008. After 13 rounds of chemotherapy, 28 rounds of radiation, and being sick a lot throughout all of 2008, I was finally told by my doctors in November that I could go back to work in March of 2009, after they were sure that my immune system was functioning properly.
I called the HR rep of the company the same day to inform her when I was able to return to work, only to be told that I wasn't on the payroll since I began receiving long term disability, and that I was no longer employed there. I wasn't told, "Sorry" or anything else, just that I don't have a job, or health insurance, no more long term. Since I figured I was fired, I filed for unemployment the very same day, and here it is two months later, and it's still under investigation. I filed for Social Security Disability, something that I had been paying into for over 30 years, during my treatments also, but was denied.
Is there anyone else in the same situation as I am? If so, how are you coping? I'm having a heck of a time. I'm close to losing my home, and am closer to losing my mind. I'm angry most of the time, and even little things can set me off. I don't feel like doing anything any more, and I think I just need to talk to someone who understands what I'm trying my darndest to deal with.
Thanks for listening.
Joyce
Comments
-
Interesting twist
Last I knew, it was illegal to fire someone who is out of work on disability or medical leave?
Seems that you were out of work for a very long time. But you still have rights if you were collecting benefits under a company sponsored disability program...at least in my naive opinion.0 -
Call ACS....there is a new law against this....
Chemo brain (yes, I still use this, even after 3 years...LOL!) prevents me from remembering what it is...so call the 1-800-ACS-2345 and ask for help...
It's not right AT ALL!!!
In the mean time, call your mortgage people and explain. I'm certain they will work with you...they have enough houses after the economy turned south.
File, also, for MediCaid...it's MediCal in California. This is health insurance for those who can't get it. Call HR back and ask who their COBRA insurer is. Growl a little. After finding out from ACS what the rules are, that is. It's amazing what companies think they can get away with!!!!!
Hugs, Kathi0 -
Like you didn't already have enough to deal with!!
From what I understand, and I could be incorrect, but a company is required to hold a position for you if you are out on disability. It might not be at the same pay or same position but they are required to have something for you to go back to. Definitely call because if this was the case, there would be a lot more of us a lot less well off!
That just makes ME steam, I can't imagine what you're going through! Nothing like kicking a dog when it's down!!
Hang in there!
Jorie0 -
Mortgagesunknown said:This comment has been removed by the Moderator
I am so sorry to hear that you lost your job; having to battle the beaat is enough
stress without having to deal with financial as well. Many of us are dealing with
financial either through being laid off jobs and if in retirment, watching our investments
dwindle to nothing. The dwindling investments, which were small to begin with, is where
I am right now. I definitely support the idea of talking to the organization that has
your mortgage; I am sure they do not want another house on their hands with all the
foreclosures going on and there is supposed to be some kind of help coming from the
Capital soon for homeowners as well and maybe you could move your mortgage to a better
understanding bank or loan institution. Hang in there.....when it seems the darkest
there is always a lighted candle somewhere. maybe they could reduce your mortgage payment
and stretch it out over time to ease the burden.0 -
Websitedixchi said:Mortgages
I am so sorry to hear that you lost your job; having to battle the beaat is enough
stress without having to deal with financial as well. Many of us are dealing with
financial either through being laid off jobs and if in retirment, watching our investments
dwindle to nothing. The dwindling investments, which were small to begin with, is where
I am right now. I definitely support the idea of talking to the organization that has
your mortgage; I am sure they do not want another house on their hands with all the
foreclosures going on and there is supposed to be some kind of help coming from the
Capital soon for homeowners as well and maybe you could move your mortgage to a better
understanding bank or loan institution. Hang in there.....when it seems the darkest
there is always a lighted candle somewhere. maybe they could reduce your mortgage payment
and stretch it out over time to ease the burden.
There is a website, defaultmitigation.com, which has a page of different
approaches to take with the lender in negotiating your mortgage. It
might give some ideas.0 -
Disablility
You might still be able to get some social security disability. If you were turned down the first time you can still appeal. Sometimes it just takes getting the right caseworker on the phone. I got lucky and got a good one, when it was foung that my cancer had metastisizes, they automatically gave me the SSI disability, with back pay, it is not a whole lot, but enough to make my house payment and utilities. I was too sick to deal with the ton of paperwork for social security, so they were able to to all this over the phone with me, including appeals. If you are able, keep calling social security and you might luck out and get someone who will help you, the same with department of human services, they can help with foodstamps and medical card, and direct you to heap if it is in your area, they will help with heating and cooling bills in summer. I have AT&T for my phone, they have a program called lifeline, if you are disabled or low income you get reduced phone bills, mine is $11.00 a month, I use a phone card if I need long distance. Also, there is a program called PIP with our electric company that lets you pay just a percentage, I pay $32.00 a month. This is just a few ideas for you, if you have not tried them yet. Every little bit of relief helps. Don't be ashamed to ask, I worked all my life and payed into the system too, and that is what it is for. Keep fighting-that is what it takes. You can even get ahold of one of the law firms that help fight for disability, a friend of mine had been trying for a long time to get social security help, she got one of these firms, and they did get it for her. Pam0 -
that's illegal!!!!!!!!!!!!!!
Call the Cancer Legal Resource Center at 866-643-2572. They're in CA and give excellent advice and additional resources.. Since what they did is illegal, that may be why everything is under review. I'm so sorry that you're going through this and hope things get straightened out soon. You fought back against the cancer, now is the time to fight back against your employer. Goo luck and keep us posted. Traci0 -
fired and fired upMoonDragon said:Like you didn't already have enough to deal with!!
From what I understand, and I could be incorrect, but a company is required to hold a position for you if you are out on disability. It might not be at the same pay or same position but they are required to have something for you to go back to. Definitely call because if this was the case, there would be a lot more of us a lot less well off!
That just makes ME steam, I can't imagine what you're going through! Nothing like kicking a dog when it's down!!
Hang in there!
Jorie
Thanks, Jorie. I used up all of my FMLA leave. From what I understand, Michigan is an at will state, which means an employer can hire and fire at will. They don't have to hold or make a new position for anyone who's used up their FMLA time which is usually only 12 weeks. Obviously with any cancer surgery and therapies, it'll take some people a lot longer than 12 weeks, and that was my case. It took almost all of 2008.0 -
Firedunknown said:This comment has been removed by the Moderator
Thanks, Nana B.
I was offered FMLA, but of course I used up all of that time and then some. I was offered and took COBRA, but I was never told that I no longer had a job. I wasn't told until the day my doctor told me that I could go back to work as long as my immune system was functioning properly.0 -
FiredPamPam2 said:Disablility
You might still be able to get some social security disability. If you were turned down the first time you can still appeal. Sometimes it just takes getting the right caseworker on the phone. I got lucky and got a good one, when it was foung that my cancer had metastisizes, they automatically gave me the SSI disability, with back pay, it is not a whole lot, but enough to make my house payment and utilities. I was too sick to deal with the ton of paperwork for social security, so they were able to to all this over the phone with me, including appeals. If you are able, keep calling social security and you might luck out and get someone who will help you, the same with department of human services, they can help with foodstamps and medical card, and direct you to heap if it is in your area, they will help with heating and cooling bills in summer. I have AT&T for my phone, they have a program called lifeline, if you are disabled or low income you get reduced phone bills, mine is $11.00 a month, I use a phone card if I need long distance. Also, there is a program called PIP with our electric company that lets you pay just a percentage, I pay $32.00 a month. This is just a few ideas for you, if you have not tried them yet. Every little bit of relief helps. Don't be ashamed to ask, I worked all my life and payed into the system too, and that is what it is for. Keep fighting-that is what it takes. You can even get ahold of one of the law firms that help fight for disability, a friend of mine had been trying for a long time to get social security help, she got one of these firms, and they did get it for her. Pam
Thanks, Pam,
I did apply for food stamps, and the social worker there told me that if I sell my car, I'd be able to eat! My car is almost eight years old, and it's all that I have left that's actually mine. Anyway, I was so mad at her that I wanted to punch her lights out. I didn't. I just cried and said some not so nice things in my head. I got approved for something called a Bridge card which is used as food stamps. It's like a debit card for food. At least I can eat.
I still feel like crap when I use it, but I've paid into that for other people who've been able to work for years. Another story, I'm sure.
I'll see what I can do with the utility companies. Hopefully, they'll be able to help out a bit.
Joyce0 -
Firedtraci43 said:that's illegal!!!!!!!!!!!!!!
Call the Cancer Legal Resource Center at 866-643-2572. They're in CA and give excellent advice and additional resources.. Since what they did is illegal, that may be why everything is under review. I'm so sorry that you're going through this and hope things get straightened out soon. You fought back against the cancer, now is the time to fight back against your employer. Goo luck and keep us posted. Traci
Thanks, Traci,
I wrote the number down, and I'll give them a call tomorrow. I guess I'll have to wait until about noon my time. I'm in Michigan, and I think they're 3 hours behind me.
I think it's illegal, too. So does everyone else that I talk to. I've spoken to several lawyers about this, the first consultation is free, and asked them several different questions. Only one was interested, and he backed out after I told them who I worked for. I guees the company is bigger than I thought. That's not going to stop me, though. I may be little, but I'm loud. Even if I don't get exactly what I want, it might just end up helping someone else in the same situation.
Joyce0 -
Firedfunnyguy said:Interesting twist
Last I knew, it was illegal to fire someone who is out of work on disability or medical leave?
Seems that you were out of work for a very long time. But you still have rights if you were collecting benefits under a company sponsored disability program...at least in my naive opinion.
Firing someone on medical leave is only illegal if it's during their FMLA time period, which is onlt 12 weeks. I went way beyond that. I'm searching for a good attorney now. Hopefully they won't be afraid to help me, which has been the case so far.
Thanks,
Joyce0 -
FiredKathiM said:Call ACS....there is a new law against this....
Chemo brain (yes, I still use this, even after 3 years...LOL!) prevents me from remembering what it is...so call the 1-800-ACS-2345 and ask for help...
It's not right AT ALL!!!
In the mean time, call your mortgage people and explain. I'm certain they will work with you...they have enough houses after the economy turned south.
File, also, for MediCaid...it's MediCal in California. This is health insurance for those who can't get it. Call HR back and ask who their COBRA insurer is. Growl a little. After finding out from ACS what the rules are, that is. It's amazing what companies think they can get away with!!!!!
Hugs, Kathi
Thanks, Kathi,
I called my mortgage company when I found out I needed surgery and was going to be out of work for a while. They wanted me to remortgage the house but I told them I didn't want to re mortgage, just need some help with lowering the payments by adding on an extra year or two.
Of course they said no, but it was worth the try. I called again in October, and they lowered the payment by $ 50.00. Not a really big deal, but it'll do for now.
I'll be calling ACS tomorrow to see what I can do.
Thanks so much.
Joyce0 -
Hi Joyce. Yes that card is what I have too. I think your car has to be worth $2,000or less. They don't let you have anything. I had to remortgage my house, you have to have bills, either house payment or rent in order to receive benefits, crazy isn't it? You got lousy caseworkers, if you can find a good one it helps. I know it's hard to fight the system, but don't give up. See if you can be assigned to another caseworker at human services, they change mine on a regular basis. Also, don't give up on the social security. I felt bad at first using the food card, but I'm over that, like I said, we paid into the system for years and that is what it is for, when you need it. I am now getting grant money and help from BVR to get some schooling and training with computers so hopefully I can get back in the work force. It is really a struggle, I'm going to be 50, so I'm the oldest person in most of my classes. Still trying to get strength back and do my physical therapy for the scar tissue. I think that anger and stubborness got me through a lot, cause when I get mad I don't get depressed, I take action. Some of my friends said I probably scared the cancer out of my body, ha ha. I can say I had some times when I let loose and cried my eyes out, but mostly I stayed mad. Of course that's just me.Just keep trying with all the ideas and places people are giving you ideas to call. There is help out there. We'll talk some more. Pamfightlikeagirl2008 said:Fired
Thanks, Pam,
I did apply for food stamps, and the social worker there told me that if I sell my car, I'd be able to eat! My car is almost eight years old, and it's all that I have left that's actually mine. Anyway, I was so mad at her that I wanted to punch her lights out. I didn't. I just cried and said some not so nice things in my head. I got approved for something called a Bridge card which is used as food stamps. It's like a debit card for food. At least I can eat.
I still feel like crap when I use it, but I've paid into that for other people who've been able to work for years. Another story, I'm sure.
I'll see what I can do with the utility companies. Hopefully, they'll be able to help out a bit.
Joyce0 -
Fireddixchi said:Mortgages
I am so sorry to hear that you lost your job; having to battle the beaat is enough
stress without having to deal with financial as well. Many of us are dealing with
financial either through being laid off jobs and if in retirment, watching our investments
dwindle to nothing. The dwindling investments, which were small to begin with, is where
I am right now. I definitely support the idea of talking to the organization that has
your mortgage; I am sure they do not want another house on their hands with all the
foreclosures going on and there is supposed to be some kind of help coming from the
Capital soon for homeowners as well and maybe you could move your mortgage to a better
understanding bank or loan institution. Hang in there.....when it seems the darkest
there is always a lighted candle somewhere. maybe they could reduce your mortgage payment
and stretch it out over time to ease the burden.
Thank you.
Yeah, the candle's been lit, often. Every time it's lit, something blows it out!
It's a struggle, but I'll get through. I'm getting a lot of paperwork together for the mortgage company now. I didn't fight this disease just to lose everything else.
Joyce0 -
Hey, Pam, I think we might just have the same kind of attitude! All of my friends and family said that I scared it away, too. I think it's really the only thing that keeps me afloat right now.PamPam2 said:Hi Joyce. Yes that card is what I have too. I think your car has to be worth $2,000or less. They don't let you have anything. I had to remortgage my house, you have to have bills, either house payment or rent in order to receive benefits, crazy isn't it? You got lousy caseworkers, if you can find a good one it helps. I know it's hard to fight the system, but don't give up. See if you can be assigned to another caseworker at human services, they change mine on a regular basis. Also, don't give up on the social security. I felt bad at first using the food card, but I'm over that, like I said, we paid into the system for years and that is what it is for, when you need it. I am now getting grant money and help from BVR to get some schooling and training with computers so hopefully I can get back in the work force. It is really a struggle, I'm going to be 50, so I'm the oldest person in most of my classes. Still trying to get strength back and do my physical therapy for the scar tissue. I think that anger and stubborness got me through a lot, cause when I get mad I don't get depressed, I take action. Some of my friends said I probably scared the cancer out of my body, ha ha. I can say I had some times when I let loose and cried my eyes out, but mostly I stayed mad. Of course that's just me.Just keep trying with all the ideas and places people are giving you ideas to call. There is help out there. We'll talk some more. Pam
Thanks, Joyce0 -
COBRA
Even leaving everything else aside - and I think you were treated horribly - the law requires that when your insurance is ending the employer HAS TO OFFER YOU COBRA. There is paperwork for you to sign and take (or not) the option. In the course of telling you about COBRA, they have to let you know your job is ending. You are correct - in an at-will state, they can end your job if you are no longer on disability, but they have to notify you in writing about the insurance. Call your state's insurance commissioner.
Vicki0 -
COBRAVickiCO said:COBRA
Even leaving everything else aside - and I think you were treated horribly - the law requires that when your insurance is ending the employer HAS TO OFFER YOU COBRA. There is paperwork for you to sign and take (or not) the option. In the course of telling you about COBRA, they have to let you know your job is ending. You are correct - in an at-will state, they can end your job if you are no longer on disability, but they have to notify you in writing about the insurance. Call your state's insurance commissioner.
Vicki
and if i'm not mistaken, if they didn't notify you of your eligibility, you become eligible beyond the normal time frame (although you still only have the 18 or 36 month eligibility) and they probably make a note about the employer (there's a place on the eligibility form for noting that you weren't notified about your eligibility for COBRA I think).
mary0
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