treated differently now

[chinacat65]

I found out the weekend before easter that they sent someone else out to train for my position at work . i was then written up for time and attendance for the two week period  my nuero had me stay at home. They did not accept my doctors note. Ive worked there for almost ten years . Is this even legal? I feel pretty shocked about this whole thing...and worried because my medical insurance is from my job. I have an appoint for a new nuero and my next mri on the 18th and Im afraid I That I'll be unemployed before then.....anyone have this happen to them??? What in the world am I going to do. It;s almost as if my possible diagnosis with ms has caused some people to treat me very differently than they used to.
I feel like Hell drag myself in there and Im doing the best I can.  Im trying to be professional about this but its getting hard. How do I handle this...Im thinking I may need a lawyer but how can I fight this if Im not even diagnosed with anything?

[LLWB]

I got a very small tape recorder at Radio Shack. It works great in my large purse, with it unzipped. I have an boss  who does not like me to take any sick leave. I have over 300 hrs, and had to take vacation time to have laparscopic shoulder surgery.  BUT when I handed him papers for MFL, he didn't say a word, not one word. Darn! And I was all ready. And none of your health information should be passed around. That is covered by HIPPA rules. If you can show someone has been blabbing, you can make big trouble for them/. Have a nice relaxing weekend. Then go at them full force on Monday. Take care.

Maggie

[Fluffysmom]

I was one of those employees; they denied they knew I had medical problems; they must have shredded any notes I had regarding medical problems.

They were a big company, and could afford a lot better attorney's than I could.  This was back in 1994.  I went bankrupt, and it took 2 years to get approved for disability.  It was not fun, though I did learn to appreciate the simple things in life.

Anyway, heed Quix's advice; she is wise, and you are not paranoid if they are truly out to get you, lol.

Wishing you the best of luck,

Kathy

I have found the CC to be very useful, and my best friend swears by the power of it.  

[Quixotic1]

Include the comment about doctor's notes and medicaid in the diary.  On that entry record the date you wrote it down and as close as possible to the date it was said.  It can't hurt and could be taken as truth.

Your entries should have no blank lines between them - which allow for coming in later and adding things.  If you need to add something, it would be as a separate entry - and noted that it is an added piece of information.

The trick is to look at the diary as something you will probably never use, but "what if" in 5 years a judge is reading the diary and seeing this outrageous way you are being treated recorded at the exact time it was happening to you.  No need to ask you what you might recall - it's all right there - It is extremely strong evidence.

Not accepting doctor's notes is akin to practicing medicine without a license.  That is the pre-ADA attitude of business and why the ADA came along and wrote down what power an employer really does and does not have.

One way to document a conversation is to write a letter or email the boss who made an outrageous comment.  Something like "When we talked today, you said that DoorMart does not accept doctor's notes.  Would you please advise me what I need to do to document true medical illness?"

Now typically those letters will be carefully ignored by the employer.  This is great!  Because, if they ignore you, then your letter is documentation of that outrageous comment.  By ignoring you they let that stand as a record of the truth.  Only if they come back and say, "I never said that,"  is there an issue AND I have never seen an employer respond to one of those letters.

If you ever write to an employer make sure you copy (CC:) the letter to another person, like your supervisor, or the head of HR.  Two copies of a letter are harder to hide from or deny.  It's called "Death by CC."

I know I am showing my paranoid side.  But as a physician I have seen employers pull some outrageous - truly criminal - stunts against employees with medical problems.

Quix

[chinacat65]

Now I'm wondering where to purchase a small tape recorder......maybe in the electronics section where I work  ....lol

[essdipity]

I know that federal law prohibits recording phone conversations without the knowledge of both parties. I'd be surprised if in person conversation-taping is illegal anywhere. But then I'd be surprised at a lot of things.

ess

[rendean]

I am sorry you are going through all these issues at work.  Quix was correct to tell you to keep a diary. Make sure you have a witness to the statements made to you by HR, if possible.. Also, just a quick FYI, in MY state it is legal to tape record any conversation as long as one party knows that it is occurring, (i.e. you know you are recording HR whether he knows or not).

However, you MUST check  the laws where you live to see if it is legal to tape record a conversation without express permission.  Just a thought.

Good luck,
Ren

[chinacat65]

Im good with the 50 employee thing...I work for a large retail chain so that's not an issue
I'm sorry it is for Ren.  I spent another quiet day there today nothing said to me but I do notice my friend who works for Hr is avoiding me like  I have the Plague. Which Ive noticed a lot of coworkers have been doing since this started . I told no one but my supervisor about my health but somehow other people knew  about it....Seems all the higher paid employees are being threatened in one way or another,  So it goes on..... but I have the next three days off and I'm planning on enjoying them and not stressing about things .
Oh and Ill be working on that diary .. You all wouldn't believe what my Hr Executive said to me my first day back  From "We don't accept doctor's notes " to "I'm sure if you quit your job now you'll have no problem  qualifying for medicaid " I can't wait for our next talk.....

[Quixotic1]

It wasn't with my legal counsel, it was my Ex, whom I put through UCLA for his Masters and through The University of Chicago Law School.  The judge ordered the alimony.  The Ex ran up the $125,000 in credit card debt.  "I" ended up with the bankruptcy and MS.


Okay.  Okay.  I am bitter.

Okay....I am better now.

Q

[rendean]

You're preaching to the choir, darling. $$$$ is their bottom line. Too bad if someone gets hurt in the process.  Guess you found out the hard way. Sorry for your round with the legal counsel.


Ren

[Quixotic1]

Having divorced an attorney, whom I put through law school and was ordered to pay $3,000/mo alimony to, while becoming disabled, which, then forced me into bankruptcy - I know they can be real b*st*rds.  Useful in specific circumstances, but nasty often toward the weak.  Cover up your jugular.

So Sorry about the SOL.

Q  :((

[rendean]

I work FOR attorneys..I may SOL.

[Quixotic1]

The ADA may still have some teeth for you.  Talk to an attorney or disability specialist.

Q

[Quixotic1]

ooops!  Thanks for the correction.  that's a biggie.  It is the ADA that pertains to 15 employees.

that's why I hoped for some of our Disability specialists to jump in.

Chinacat - you still okay with the new 50 employee thing?

[rendean]

Correction to the FMLA quote of 15 employees to enact the law. I just looked it up at the Dept. of Labor and it is 50 (fifty) employees and my firm  does not qualify with only 35 employees.

Missed too much work due my  testing and illness and my son's testing at Shriners so now my job is in jeporady.

Wish me luck,
Ren

[chinacat65]

Hey Quix
     I downloaded and printed the fmla form filled out my portion and handed it to hr this morning. Hope I have some breathing room now . No one said a word to me all day...I worked came home and made an appointment with my primary care doc but Im not sure if he's the right one to help, I know he will if he can . I hate to go back to my first nuero as he is an idiot And Im being kind when I say that.  This appointment coming up was with a new and hopefully better one. Now on to some legal help......

[opie74]

The national MS society has a small publication on it.  I have it in storage!  I think that you can get to it on their websight.

[chinacat65]

Thanks Quix  and opie
I dont know why I didnt post this sooner Im on it Ill keep you posted.

[Quixotic1]

Thanks, Opie!

I think we made need a Health Page for when it looks like a person's job is in danger because of their illness - diagnosed or not.  A lot of it is already written in the post above.  That way we could all point to the information and get a person all informed.

Q

[opie74]

Quix, you kick A_ _!  Thak you for being well informed, and on our side.  If she lived in MS, I could get a friend to do it pro bono for her!

[Quixotic1]

Oh, My!!  they are preparing to fire you on the basis of your illness. The bogus "write up" was their intitial move toward firing you. Yes, it is as illegal as h ell, but businesses do it all the time.  You need to get an disability rights attorney involved as soon as possible for some advice.  The attorney make be able to put them on notice that their actions are illegal on a federal basis - the American Disabilities Act, ADA.  

Here is a Health Page on the ADA:

http://www.medhelp.org/health_pages/Multiple%20Sclerosis/Purpose-of-the-Americans-with-Disabilities-Act-ADA-for-Employer--Employee/show/539?cid=36

You have the right to write a rebuttal to the "write up" they gave you.  Write the actual story and include the note from your doctor and insist that it be attached to the write up in your employee file.  Make a copy of the "write up" and of your rebuttal for your own file and for the attorney that you need to contact.

Begin a journal in which you write down every odd thing they say to you or write to you.  In this note the day and time of all things that they say or do regarding your illness.  Quote people where you can.  The reason for doing this is to document "in real time" any discriminatory actions they are taking.  Later, if this ever comes to a legal setting, like a lawsuit, your notes will stand as a document of the truth if, and only if, they were written down at the time things happened.  A diary like this can save you.

Another thing you could do is request to be placed under the FMLA - Families and Medical Leave Act.  this was put into place for exactly the reasons that you are suffering now.  If your company has 15 or more employees they are held to abide by this.  You can request that your employer allow you time off for illness and time off for medical appointments and testing.  You are allowed something like 12 weeks of FMLA time per year.  It can be taken as a lump sum, as reduced hours or sporadically as time needed for appointments, testing and attacks of illness.

An important part of the FMLA is an anti-retaliatory provision that forbids you from being penalized (like demoted or fired) for your illness, family needs or disability.  That means they cannot fire you for disability-related stuff while you are covered.  That also means you must fight every time they write you up.

I would say that you need to take action immediately to save your job, as they have shown that they are willing to behave illegally with regard to your illness.  And they have already taken the first steps.   Do not worry that you do not have a diagnosis.  This is not required for someone to be protected by either the ADA or the FMLA.  You do have rights and it is important to invoke those rights before you get fired.

I recommend that you download and print the application for FMLA tonight.   Fill in the short part that is for you. Write a short note that you are requesting coverage under the FMLA and will have your doctor's form completed for their records.  As soon as they receive your FMLA notice they cannot move ahead with firing you.  In essence, you tie their hands.  Let your doctor know that they are preparing to fire you and that they rejected his prior note.  Ask for his help as soon as possible on the FMLA form.

Here is the site for the ADA - read on it to learn your rights:

http://www.ada.gov/

Here is the form that you need to print and give to your employer:

http://www.dol.gov/esa/whd/forms/WH-380-E.pdf

Also write a short letter to your employer and state that you wish to invoke the Family Medical and Leave Act, due to your illness.  Tell them you have given the form to your doctor for completion.  You wish this coverage to begin immediately.

Then give this note to your boss before anyone has a chance to speak to you in the morning.  This will give you some breathing room.

If your employer has fewer than 15 employees you might not be covered.

And contact a Disability Rights Attorney.  ASAP.  You can't wait on any of this.

I hope others, that are more knowledgeable on the topic will jump in also.

I hope this helps.

Quix

[opie74]

Contact a lawyer.  Get you ducks in a row.  If they are discriminating, make them regret it.  YOur Neuro can write a letter on your behalf.