Re: question about chronic pain and time off from work

[Guest guest]

--- " researchgirl08 " wrote:

>

> However, some of my coworkers have contacted me and told me that my

> employer is trying to terminate my position because of my illness.

> Has anyone had this happen to them? And is there anything that can be

> done?

Hello " researchgirl08 " -

Welcome to the list, although I'm sorry for the pain that brought you here. By

the way,

what do you want to be called? It's so much nicer if we're able to respond to a

first name

or nickname, rather than an email address.

To answer your question: If I were in your shoes, I would find a good attorney

who

specializes in employment law. I had one to help me through dealing with my

employer

when they failed to accommodate me according to ADA, and it made a big

difference. You

can usually pay for just a couple of hours of initial consultation to see what

they can do for

you and what they recommend before deciding whether you want to spend the money

to

have them on retainer or hourly to do specific tasks for you.

Also, if you are in the U.S., there should be a state office that deals with

employment

issues and they will often offer free " advice " about what the laws actually are,

and what you

can expect or not expect from an employer in your state. I'm not sure of what

the name

of that office is - but I'm sure someone on the list knows and can tell you.

Finally, check to see what kind of disability resources there are in your state.

In Arizona,

where I live, there is a non-profit organization called the Arizona Center for

Disability

Law, whose mission it is to help the disabled deal with discrimination of all

kinds,

including discrimination from employers. The ACDL actually gives free

over-the-phone

consultations to Arizona residents with attorneys with the appropriate

specializations, and

they will take some cases on pro bono (for free!) depending on the case.

Usually those are

only ones that will help set law for others in the same situation, or will

affect a lot of

people (such as when the state doesn't provide handicapped access to the court

system,

or things like that.) But even a couple of hours with one of their attorneys

over the phone

and via email taught me a lot about how to approach my own disability

discrimination

issues. Not all states have these kinds of organizations, but a lot of them do.

It takes a

bit of online searching to find them if you do have one in your state.

You are going to have to be very proactive and aggressive to deal with this.

Employers

bank on the fact that most people will just let them steamroll right over them

either

because the employee doesn't know they have rights or they just don't have the

resources

or energy or will to fight, so they get away with all sorts of illegal

maneuvering and

discrimination. You do have rights! You should take advantage of every law

that has been

written to protect yourself in this situation.

Start with finding an attorney.

Good luck,

Cheryl in AZ

Moderator

[Guest guest]

Cheryl,

Thanks for your reply, but honestly this seems so overwhelming. I just

want to concentrate on getting better. It might be due to the pain

medication, but I don't know where to turn to assistance on legal

rights. I know I could get a lawyer, but I consulted with one before

and she offered nothing and I was charged a lot of rather fruitless

conversation.

I'm usually very proactive, but I'm either screaming from pain or

unconscious from the medication. I'm not anywhere near prepared to

even know what to do next. Even finding a lawyer is difficult.

Would this be an EEOC issue?

I feel like I'm in a brain fog from my medications and that makes it

even more difficult for me to determine what to do.

I feel completely lost.

Thanks for the advice-- I just wished I could comprehend it a little

more (lots of meds).

Thanks,

Joy

>Cheryl in AZ wrote:

> To answer your question: If I were in your shoes, I would find a

good attorney who specializes in employment law. I had one to help me through

dealing with my employer when they failed to accommodate me according to ADA,

and it made a big difference.

[Guest guest]

> " researchgirl08 " wrote:

>>

>> However, some of my coworkers have contacted me and told me that my

>> employer is trying to terminate my position because of my illness.

>> Has anyone had this happen to them? And is there anything that can be

>> done?

First,

Make sure you apply for FMLA (Family Leave and Protection Act) even if

you have time off to take (sick leave etc), you can apply and get your

doctor or you can say you may need more time in the future. There are

ADA (American Disability Act) representatives in your area just type in

ADA in google and they will have a section for representatives, FMLA

has local representatives also besides your Human Resources Department,

The Department of Labor will also have a local representative.

When I found all of my contacts, I e-mailed them along with calling

them so I could have written documentation of what they wrote so if I

needed it in the future.

I would do these things as soon as possible. My work did not give me

much problems when I was on FMLA. You don't have to use it but it is

important to have it in place and approved in case something comes up.

I think we put on mine under time needed off, undetermined,

intermittently as needed for doctor appointments, shortened workdays

when necessary due to condition.

It really helped, I was glad I did all of it up front and thanks to Jen

Zeigler, a member of this group who encouraged me to do so and e-mailed

me continuously encouraging me during the hard time from not being able

to work anymore to disability.

I would have been in a maze without her encouragement. I hope this

helps. E-mail me privately if I can help you any other way as I have

been there. I encourage anyone who is not signed up for a private

disability plan at work do so. Maybe most of you, it's too late but I

signed up for private disability even when I had a bad back because I

thought something else might go wrong with me. Well, guess what, I had

an auto accident that damaged my SI joint so I got my private

disability on that along with my Social Security. It saved us.

Encourage family members also, pain and pain conditions strike anyone,

young or old.

Oh yes, another thing, read your company's policy manual and

guidelines. Some managers don't know what it says and they do not know

about the programs out there. In your break room or designated area

there should be the phone numbers and designated people or agencies

that are there to help. (It is the law that they must be posted) It

would be in the area where they post about minimum wage etc. Also,

EEOC, Equal Employment Opportunity Commission has field officers. When

you go to their website, it explains the process and how the American

Disabilities Act. EEOC has mediators also.

Your employer may be getting rid of you by eliminating the job but if

you hurry and file a complaint with EEOC, apply for FMLA, or contact a

representative, it shows you have a cause in case of upcoming

dismissal. This way you can file for unemployment and other benefits.

You can get unemployment benefits if you have a letter from you doctor

stating you can no longer perform you job duties as listed under your

description .

Good Luck with your research and let me know what you come up with.

Most of the representatives I contacted, were very helpful and it

helped me to have a lot of this documentation when I went to file for

my disability benefits. You must do this as when your are on FMLA they

make sure that you still can pay your premiums for your insurance and

your job can also hold open your job under short and long term

disability for up to a year (in my case) so I could keep my insurance

under them until my disability was approved. Give these people a call

and start filling out forms. The FMLA forms can be downloaded from

their website, no one says you can't go ahead and file and submit it

for approval Bennie

[Guest guest]

, researchgirl08 wrote:

>

>

> I was shocked to hear from my coworkers that my employer was trying to

> do this while I am trying to get better and medical treatment.

> I really don't know what to do. Can anyone offer any advice?

>

> Any advice would be greatly appreciated.

> Thank you.

>

> Researching girl,

Sorry I posted from Cheryl's answer without reading that you were

already on FMLA. I was on short term disability like you and I was

told that I could be on short term disability, and then long term

disability up to a year so they could help me keep my insurance. I

went ahead and had to file for disability because I knew I was not

getting better but my work was keeping my job open.

I would just make sure you give them no options to fire you, make sure your

medical reports are done when they are supposed to be done (this became a

problem with me because they wanted them every three weeks, but I got the

reports to them so they couldn't count off anything)

I know it's hard to do at this time but you also have to look at it

from their point-of-view. They want someone there that can do the job and be

there all the time without taking off days and problems with never knowing when

you have to be off.

That is when I realized I could not longer try to keep working as " the writing

was on the wall " for me. I told them that I would start

applying for disability and would not be returning to work.

They placed me in short-long term category so I still was paying for my private

disability premiums. When everything was completed, since I was a teacher, I

told them to go ahead and make my termination date at end of school year.

Even though they use the word termination, it does not mean you cannot apply for

your private disability. I started that process and five months later, I had my

Social Security approved, my short term

disability turned into long term disability.

My work stated all during this process if I get better they will change the

process and I can come back. I believed them but knew I needed to get to where

I could take care of myself first.

I got a copy of my job description and went through every duty and I

saw where I couldn't do it anymore and had an understanding of how they could

fire me with I couldn't perform my job and I brought this up to them.

I guess I am saying is try to be one step in front of them and if you

think it would be beneficial, bring it up first. I believe they will

respect you for it and work extra hard in helping you in finding

another job in another area where the pace would be different. Talk to the

representatives I posted. Sorry about that other posting ! Bennie

[Guest guest]

Is he trying to get rid of you personally or just trying to fill the

job right now? there is a big difference between the two.

ron patterson

> > " researchgirl08 " <researchgirl08@> wrote:

> >>

> >> However, some of my coworkers have contacted me and told me that my

> >> employer is trying to terminate my position because of my illness.

> >> Has anyone had this happen to them? And is there anything that can

be

> >> done?

[Guest guest]

Bennie,

Thank you for the advice but I don't know or can't see how to reply to

you privately. Can you email me so that I can ask you some more questions?

THANK YOU VERY MUCH.

Joy

Bennie wrote:

>E-mail me privately if I can help you any other way as I have

> been there.

[Guest guest]

Your job sounded very cooperative, mine is not. From your suggestions I'm not

sure I can contact EEOC yet because nothing has been done yet.

What concerns me is this: if I don't get better during this time on

short time disability, I will need to apply for my long term disability

policy. But if a company wanted to save their bottom line, I could see

how they would terminate anyone that would have to access their long

term disability policy.

This is the area I need advice about. Is this legal? I have paid my

premiums for long term disability policy if the worse case scenario

occurred and if I don't get better. But if the company can terminate

me or my position before my short term disability is up, then I can't

access my long term disability policy.

If this is legal to do, why would any company allow an employee to

access their long term disability policy? If this is really legal, all

companies would terminate their employee after FMLA is up and before

long term disability can be put in place.

Do you know who I'd ask about this?

[Guest guest]

Hey, I've been getting payments from my long-term disability insurer since last

August.  My employer paid the premiums, and waited til six months after my

disability to terminate me. 

From what I understand, the long-term disability company would have to pay if

they were receiving their premiums at the time of your disability, or the last

day you worked.  They actually found me disabled three months prior to my last

day worked since I called in sick or left early so many days during my last

three months worked.

You could talk to your employer's human resources department, find out who is

the long-term disability insurer and call them.  It's best to let them know as

soon as possible that you may have a claim to long-term disability

insurer benefits. 

It took nine months for them to process my claim and I was supposed to get my

first payment in six months after I left work.  Call the insurer because they

need to know of your impending claim.  Worst case scenario, you could possibly

take over paying the premiums now in order to keep your policy active. 

Good luck!  Janie

>researchgirl08 wrote:

>If this is legal to do, why would any company allow an employee to

access their long term disability policy? If this is really legal, all

companies would terminate their employee after FMLA is up and before

long term disability can be put in place.

Do you know who I'd ask about this?

[Guest guest]

Advice from experance! She is right you need to start

working on that long term insurance as fast as you

can. My company did the same for me. they paid all my

insurance, life, and health for 6 months, just long

enough to get some one on Long term disability

Ron

--- Janie Farrens wrote:

> It took nine months for them to process my claim and

> I was supposed to get my first payment in six months

> after I left work.  Call the insurer because they

> need to know of your impending claim.  Worst case

> scenario, you could possibly take over paying the

> premiums now in order to keep your policy active. 

[Guest guest]

I see your problem, but you should check the company by-laws to see what they

allow for long term disability. Some places allow you to stay out as long as 6

months before they terminate your job. No place has to hold a job, if it is

written in their by-laws of when the cut off time is.

To make sure you receive payment make sure you pay your monthly premiums on

time. That is only if your company should stop paying them for some strange

reason. Some will pay for 6 months or up to 1 year while you are out. Again

check the employee handbook or by-laws.

The other thing the chronic pain you have did it start from a work related

accident or happen outside of work. If you were injured at work, then it is a

comp case not a long term case. Let me know,

Toni

--- Janie Farrens wrote:

> It took nine months for them to process my claim and I was supposed to get my

first payment in six months after I left work. Call the insurer because they

need to know of your impending claim. Worst case

scenario, you could possibly take over paying the premiums now in order to keep

your policy active.

[Guest guest]

I would hire a lawyer in this field. They would be better to direct you of your

rights and what the company can/can't do.

Good luck

Toni

>researchgirl08 wrote: .

>What concerns me is this: if I don't get better during this time on

short time disability, I will need to apply for my long term disability policy.

But if a company wanted to save their bottom line, I could see how they would

terminate anyone that would have to access their long term disability policy.

This is the area I need advice about. Is this legal?

[Guest guest]

Like I said before you have to figure out if this case is a work injury or

outside injury that caused your chronic pain. If it's work short/long tern are

no longer in play for payment. It now becomes a worker's comp case that you must

file. I would still get a lawyer that handles all three of these problems.

Toni

>researchgirl08 wrote:

>But if a company wanted to save their bottom line, I could see how they would

terminate anyone that would have to access their long term disability policy.

This is the area I need advice about? Is this legal?

[Guest guest]

> Your job sounded very cooperative, mine is not. From your suggestions

> I'm not sure I can contact EEOC yet because nothing has been done yet.

>

Research girl,

You can contact EEOC as you are researching not filing as with any

other research, they will give you avenues to pursue, saving time in

pursuing that which will not help you. EEOC will help you with the law

and what you need to do at this time in the process. As I said, you

have to go on short term disability before you go on long term even

though you may have a letter from your doctor saying you are permentaly

disabled.

This allows the company to prepare for you to either have to quit or

get well. My last principal hated my guts and they made my life hell.

I just made sure they had all the forms they needed and documented

eveything, If I were you, I would e-mail you HR department and ask

what happens after short term disability. They will not let you go

while you working from going from short term to long term disablity.

What is happening to you was the same thing that was happening to me,

but I started thinking if this is what is going to happen to me, I

want to be the one that controls the process. That is why it looks

like they were working with me. They sent me nasty letters wanting to

know what my doctor thought, what did I think, what had I thought

about doing.

Think of it as the same process you are at just at a point in the

process. It is like a timeline beginning with injury/illiness, use up

all your leave, get FMLA for that amount of time, get short term

disibility until that is used up. then on to long term disability which

is permanent and you have to get six months reviews. You usually

don't have to apply like an initial application,just a continuation

from your short term disability when you go for your long term

disability, with that needing at least six months reviews. You are

already eligble for long term disability if you are on approved short

term disability and it is just a matter of the time. The only thing

that would cause you to lost it, is not paying your insurance

preminums. No they cannot terminate you on short term disability

because that is descrimination. Talk to EEOC and just tell them why

you are feeling the way you are and they will tell you the laws that

protect you.

Your co workers probably over heard someone saying something about your

company working on your disability. This is a frustrating time, I

know, you want to stay woriking but are probably realizing you can't

anymore, the harder you try at your job, the sicker you become. I was

so stupid to try to work as long as I did.

> What concerns me is this: if I don't get better during this time on

> short time disability, I will need to apply for my long term disability

> policy. But if a company wanted to save their bottom line, I could see

> how they would terminate anyone that would have to access their long

> term disability policy.

>

> This is the area I need advice about. Is this legal? I have paid my

> premiums for long term disability policy if the worse case scenario

> occurred and if I don't get better. But if the company can terminate

> me or my position before my short term disability is up, then I can't

> access my long term disability policy.

>

> If this is legal to do, why would any company allow an employee to

> access their long term disability policy? If this is really legal, all

> companies would terminate their employee after FMLA is up and before

> long term disability can be put in place.

> Do you know who I'd ask about this?

>

>

>

>

>

>

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