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11852 tn?1216841443

Cancer Discrimination

Has any one that's been diagnosed with thyca felt they have been discriminated at their place of employment?  Since getting a letter of counseling this week, I'm thinking seriously about talking to an employment lawyer to see what my rights are.  I can't believe it's legal to counsel an employee for being on short term disability.
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11852 tn?1216841443
We have to think smarter that the machine....mine is mjvickery12 at hotmail dot com...let's see if that works?
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11852 tn?1216841443
i mean't mjvickery13 not 12
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198187 tn?1190634330
MJ12 try this ***@****
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198187 tn?1190634330
can you not send e-mail address
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198187 tn?1190634330
you can e-mail me at ***@**** o'yes I have a brother in the Army and one that is retired from the Air Force....My brother in the army is now in Texas
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11852 tn?1216841443
We're practically neighbors!!!  You're closer to me than my work.  Ashland is only 42 miles from Fredericksburg and I work in Arlington which is 55 miles from my house.  Maybe we need to talk since we're having problems at work.  I think what there doing to you is illegal because cancer is a disability. Email me your phone number and maybe we can talk off line.  Do you ever come up to F'Burg?  
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198187 tn?1190634330
I'm going through the same thing at my work....was even told one day before my TT that if I was off more than 4 days and not able to return on the following Monday that I would not get paid nor would my health insurance be covered by my work because I would not have hours worked so I would have to pay out of my pocket..A lot to take on one day before surgery. Now, that I am back to work on Monday I worked 5 hrs and went him he docked me 3 hrs of pay and I could not make it on Wed and he docked me 8 hrs even though for the rest of the year I have 8 days PTO left but because I have not worked and earned them yet he does not want me to take because we do not know my future....because I have to have RAI treatments. Real nice guy yeah..but I see one employee that gets there at 9am and takes two hours lunch might work 6 hrs out of the day and gets paid for 8 hrs...but then again she is not sick...I'm in VA and they have the right to work law..so they would just fine a reason to let me go....
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11852 tn?1216841443
Thanks for your advice.  I really appreciate your point of view.  It's good to know how the "enemy" (not you btw...just a way a former military person can't help but to view these people) is thinking.  I'm am starting to get everything in writing.  I'm also searching thru old emails to get a history of what has been said to me via email.  I've even asked my PCP to write a letter about my medical history,just in case I might need it. So far, the govt org I work with has threatened my position three times, only once in writing. The first two were because of me being on STD, and the most recent one for a list of "wrongs" that I've supposedly done. My company seemed to be behind me until this week.  Now I don't trust anyone.  I am being a model employee even though I see everyone one else doing things I got counseled for...ie...making appointments, doing personal business at work, etc.  I'm looking for a new job.  I've been wanting to move closer to my family anyway.  This gives me extra incentive to look that much harder.  If I have my way, I will leave on my terms, not their's!!!!!  I am not the type of person to yell dicrimination or sue some one just to make some easy money.  But I know what you're saying about it will be hard to prove. If I do decide to go forward with a complaint, it's because I truly feel I've been wronged and would not want this kind of treatment ot happen to other cancer survivors.  I will probably email you directly when and if something else happens.  Any help you can give me will be greatly appreciated.    
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211563 tn?1189994510
I don't know what state you're in, but here (in CA), an employee would take a complaint like that to the FEHA (Fair Employment and Housing) where they take your complaint and do an investigation for free.  You could then use their determination (whether discrimination was in place or not) to your benefit in a lawsuit.  Often times, too, legal counsel will take on a case like this pro-bono (basically for free or free until the time a settlement is reached) if it's pretty cut and dry.  

The only "problem" (for lack of a better term) I see is that you have not yet suffered any monetary or professional loss (correct me if I'm wrong) from your employer prematurely counseling you.  As an HR director (usually a defendant in these sorts of things), I would suggest you keep DETAILED notes of everything that has happened up to current day, including Doctor notes, doctor appts., etc. and just happily keep your "journal" up to the point where your employer does ANYthing that is hindering you: docking your wages, changing your job, trying to push you out, etc.  (Do it now while it's fresh in your mind.)  

I think you have plenty of rights available to you, but until your employer does some damage, you're best keeping tight lipped at work.  Definitely consult with an attorney if you're so inclined, but expect to not take action until some tangible "harm" is inflicted.

I hope this doesn't come off as unsupportive... that's definitley not what I mean... I'm just trying to help you build the best case you can given my experience as someone from the other side.  I have been told by most of my coworkers that I am not your typical HR person... I actually care about the employees and am seen as an employee advocate.

MJ, you've been a great help to me over the past few weeks (is it only weeks!?  Seems like I've been on this board forever!) so I hope I can return the favor in some small capacity.  If you want to talk more... email me... my email is the same as my screen name at aol.com  (aol dot com).

Take care!
Shae

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Avatar universal
MJ13, I am not sure I follow your last sentence.  Could you please elaborate?
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Avatar universal
MJ13, I am not sure I follow your last sentence.  Could you please elaborate?
Helpful - 0
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