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Carolyn

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Posts: 33
Reply with quote  #1 
Hello, all.   I was not sure where to post this and since I am in the radiation phase, I chose here.  It's been a while since I posted but I still read the board often.   I have just had alot on my plate.  It just got fuller today  :-(    I was diagnosed with breast cancer in May, 2008.   I was on short term disability and now long term disability.   I just went to long term in November.    I have had chemo, bilateral mastectomy and now am currently undergoing radiation treatments.   I work for a large corporation and as far as I knew........all was well.    I received a call today from the manager of the department saying that they have been advised that they have to replace my position.   Thru out the course of the breast cancer journey, I am also in the process of a divorce (another long story.....been a long time coming).    I am now the only source of income......I have a mortgage, etc. and all that goes along with it.    It is the middle of January.......I will be finished with radiation the middle of February and ready to go back to work.   I am at the point of wondering just how much more I can handle.   I have to have my health insurance.   Has anyone else had anything like this happen?    Any advice or suggestions would be very welcomed.    So much for trying not to stress out as everyone keeps telling me how bad stress is for me.   Yeah, right!!!!    Thanks, all.

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Carolyn
Bailey, Bella, Baxter
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FLLoriK

Angel
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Reply with quote  #2 

I thought you couldn't be fired for your medical dx. Can it be for other reasons?

wedsnthings

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Reply with quote  #3 
Carolyn,

I am also the sole support for my household so I know where you are coming from. I have not stopped working except for a couple of weeks in Oct when I had the lumpectomy. I choice to go on intermittent FL MA leave. I am not sure where you live but if you go on line for your state the law along with FAQ's is listed. You should be covered under the disability but it does state that you employer only has to provide a position for you not exactly your current position. I would also suggest you contact your HR dept and inquire as to whether or not you are the only employee with a 'C" condition. I would also contact the Labor Board in your state and find out what your rights are. I hope that you find useful information and I know how stressful this situation
is. I work everyday any I still catch it from my boss just because. If I can be of any help to you please give a shout.

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Carolyn

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Reply with quote  #4 

Sorry for the delay in responding.....just so much going on.   Technically, I am not being "fired".   They are replacing the position.   I work at a bank.... in the midst now of being bought by another bank.   If someone leaves, they are filling the positions with "temps" rather than hiring people because they do not know what the job situations are going to be.   It still upsets me because I have been with this company for 26 years.   The manager is doing what she can do but it is really not up to her.  It's not like I am out on vacation and just won't come back!   I finish my radiation treatments in February.  What they say will happen is that I will be placed on an "unpaid" status and can apply for other jobs within the company for 30 days.   If, after 30 days, I do not have a job, I am then terminated.   I honestly don't see how they can do that and I won't take it laying down but I am hoping it won't come to that.   Still no word as of yet. 


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Carolyn
Bailey, Bella, Baxter
My precious pugs!!!
Calico

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Reply with quote  #5 
My DH says there is a age discrimination law if you are over 40.
Also, your 'terminated' 'replaced' status leads possibly to no job within the 30 days, which agree with the other ladies is part of the result of your 'sickness' and treatment.
This sucks big time.
What about an EOE office? Equal opportunity??? something like that, don't they give free advise? Take your statement if you have to fight this later??

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Karen1956

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Reply with quote  #6 
Just lost my post....Carolyn...call the Office of Civil Rights (OCR).  They will tell you how to file a  discrimination complaint with OCR. This could fall under ADA (American with Disabililties Act - section 504) or could be age discrimination or...The office you call depends on where you live...I have all the numbers...Will check your profile after I finish posting this to see if your state is there and I can givce you the phone number...if not, tell me what state you are in  and I can post the correct number.    I called OCR a couple years ago, but did not pursue at the time.  After I was done Tx, my boss started to put pressure on me...was told that there was a job to be done and had to be done to certain standards...I talked to an employment attorney but he didn't feel like I should pursue it...that he did not feel there was enough for a case..and he was over $1800 to just get it started then $300/hour...and this was some one I knew.  But also call and employment attorney...they often offer free consult and can tell you if you should pursue it this way.

Just found the email address for OCR - http://www.ed.gov/ocr/complaintprocess.html

You can file on-line.  The rules are slightly different for educational institutions and other places of employment..they say you may want to contact employer to find out grievance process, but you don't have to...go t the website for all the info and the discrimination complaint form.

Good luck to you and I hope that you win this...I know that employers can hire someone to do the job when someone is on disabililty, but if no longer disabled, not sure what the rules are...but like I said...go for it and I hope you win this battle...,having cancer is enough of a battle to not have to go through this sh**.

A bit long winded..but hope this is helpful.
Karen1956

Goddess Forever
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Reply with quote  #7 
Carolyn- the OCR office that covers Virginia is in the "southern" division:

Office of Civil Rights, DC Office
US Department of Education
P.O. Box 14620
Washington, D.C.  20044-4620
(202) 208-2545
fax: (202) 208-7797

If this does not fall under OCR,tell should be able to tell you who to call.  I worked in the schools, so this is the venue I would  have used.

Another suggestion is the EEOC.


nosurrender

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Reply with quote  #8 
WHAT THEY DID IS AGAINST THE LAW!
You are covered under the AMERICANS WITH DISABILITIES ACT.
Follow the wise advice you got here-
THEY CANNOT DO THIS!!!!!

HUGE HUGS TO YOU!
Love you,
g


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WE WILL PREVAIL





CommandoBarbie

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Reply with quote  #9 
Carolyn - I'm in management for a big corporation. We had a similar situation where someone was out for a little over a year due illness; first on STD, then LTD. We did eventually have to replace the position, but the person cannot be replaced. They were guaranteed a job and at the same salary they were making at the time of their leave.

Call your employer and verify what they are telling you / offering you. You should still be employed. If not, do contact the references the other girls have offered. You have many, many rights! (((Hugs))) to you on your road to recovery. May it be speedy and kind.

Carynn


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snhb

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Reply with quote  #10 
Yes, gina and the other women are right, you should be covered under the Americans with disabilities act.  Also, while it is a good idea to call and receive information, another good idea is to try and get whatever you are being told in writing whenever possible. 
Another good idea is to keep a "personal log" of any phone calls that you make.  Write the phone number, person's name, time of the call, date, and a description of what was told to you.  This log can serve 2 purposes.  It is a written document to back up the fact that you actually spoke to someone, and it also serves to keep the facts straight in your own head.  I say that because whenever you are dealing with any type of agency, and especially when you are being connected with many people, you can begin to forget who said what.  Good luck.  snhb
Carolyn

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Reply with quote  #11 

Thank you ALL for the wonderful advice and information that you have shared with me.   I will definitely check into it all!   So far, no further word from my manager.   It is unreal to me!  In the meantime, I am trying to explore other possibilities..... I looked in the local newspaper and would you believe there is a job opening in my oncologist's office?!!?!?!?!?!?!?!?!   Of course, I have no idea what the pay would be, etc. but I have already sent a resume!   We will see.   I am just trying to have faith that this will all work out the way it is supposed to work out.   Never a dull moment!   I will let you all know what I find out when I find out.   I am not as upset about it all because I now know that it is all going to be okay.   In the meantime, it's a nightmare but I appreciate you all taking time to respond and help me out.   You all ROCK!   Take care.


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Carolyn
Bailey, Bella, Baxter
My precious pugs!!!
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