FIRED WHILE ON MED LEAVE!! PLEASE RESPND

Discussion in 'Fibromyalgia Main Forum' started by scoobydoo, Aug 18, 2003.

  1. scoobydoo

    scoobydoo New Member

    Hi there! I've been a member of the board a while now but haven't posted in a long time due to my illness and my grandfather being sick.

    Anyway, I found out friday from human resourses that I had been terminated from my job August 1. I knew nothing about this until Aug 15th. I had been in contact with my supervisor and care manager and nothing was ever said. They knew on Aug 1 I was trying to get at least a partial release to go back parttime due to FMLA was exhausted Aug 1. I had a DR appt on Aug 6 and received my partial release to work 4 hrs a day. He was letting me try to see if I could work for 2 weeks and then decide for full time or LTD.

    I called supervisor and case mngr and neither of them said anything about being fired. Then 3 days before return to work part-time HR calls and tells me effective Aug 1 that my "position was replaced". She also stated that they sent a letter out detailing this on the 1st.
    Well I received the letter the 16th, it was post-marked the 15. They didn't send the letter till she fired me!!

    Then I call benefits today and they tell me my benefits termed on Aug 15th. I don't understand how these people can do this. I'm trying to get ahold of LTD but I'm having no luck getting a phone call returned.

    The problems with the DD never seem to end. And then this happens and it's made it worse. I don't know what to do. I'm at my wit's end.

    Can they do this? Any suggestions or words of encouragement would be appreciated.

    PLEASE HELP!!

    Thanks so much!!!!

    Love Scooby
  2. EZBRUZR

    EZBRUZR New Member


    I had a VERY similar *termination*.
    I filed with the EEOC,under ADA guidelines.
    That was MAR 2001.
    My experience,I learned ALL MEDICAL RECORDS SUPPORTING THE LEAVE,are A MIUST HAVE to Go anywhere with it.
    My *case* is till *under investagation*.
    At this Point I am still not employeed w/any co.
    The ADA allows certain things and other rules can damage the case.
    Talk w/Attorney ,File W/EEOC ASAP!!!!

    Good Luck,eZ

    Sorry about gradfather.
  3. kimkane

    kimkane New Member

    please get and keepyour phone records of when you called your work, keep the envelope your letter came in. this will help prove your case for your lawyer, i urge you to get one asap. keep me posted good luck kim
  4. kimkane

    kimkane New Member

    sorry i forgot some thing. DEMAND your file from work they have to give it to you by law good luck kim
  5. bitter-sweet

    bitter-sweet New Member

    Keep all records and copies of things you send out. Write down the conversations you have with everyone. Yes, there are so many unfair things with the DD!! Perhaps something better will come of it all. God Bless.
  6. Spoonerpaws

    Spoonerpaws New Member

    Same thing happened to me
  7. Molegirl

    Molegirl New Member

    I don't believe that they can terminate your benefits without offering you COBRA coverage. I think you have 60 days after termination to notify them of your intentions...seems like I remember getting a form that asked me to accept or waive COBRA coverage.

    Do a Google search on these words:
    Frequently Asked Questions about COBRA Continuation Health Coverage

    Best of luck,
    ~Molegirl
  8. Ahorsesoul

    Ahorsesoul New Member

    File your complaints, write down dates and times you recieved or made your calls, who you talked to and what they said. Keep the envelopes so you have the postmarks. You will need this info for your case. Also apply tomorrow for unemployment and SSDI. I was fired and recieved unemployment since it was decided it was not my fault they fired me. I think anyone with FM should file for SSDI, this FM is just horrible and for those without it, well, they will never understand how horrid a person can feel but still look ok. Ahorsesoul feeling better.
  9. JannyW

    JannyW New Member

    ABSOLUTELY get an attorney. This definitely is not right.

    My job was filled after I had been out from work for 120 days on medical leave. It still came as a shock when I got the letter saying I was no longer employed ... and an even bigger shock when I couldn't get a prescription filled! Believe me, I got those COBRA forms in pronto!!

    Document everything, keep notes when you make phone calls, and call that attorney!

    Jan ^v^
  10. EZBRUZR

    EZBRUZR New Member

    B
    U
    M
    P

    eZ


    :}
  11. simka

    simka New Member

    Scooby,

    I'm sorry to hear about your situation. What I also learned is that the FMLA provides limited protection, but we can be grateful it's there at all.

    Part of the difficulty with these conditions is figuring out whether we are able to work or not--we're trying to figure it out, and so are our doctors, and the answers aren't always obvious to us or our employers. You should indeed see a lawyer about a possible ADA claim as someone else suggested. My understanding from what I was told is that for that you need to be able to work with reasonable accommodations, and these will depend on particular situations. If you can work and seek work you can also file for unemployment. If you cannot work, then you need to look at your long term disability benefits that you mentioned, and pursue SSDI. There is some info about these especially SSDI on the posts here, and through the CFIDS Association website. From what I've been reading, it may be early to apply for SSDI, and you'll want to have your medical support lined up when you do. Be sure you are able to work and look for a job before you file any unemployment papers saying that you can (though this may be different in your state, I was told that this is a requirement for unemployment benefits).

    Good luck, get a lawyer, and search the posts here on LTD, SSDI, and ADA. I know it's hard when you're not getting a paycheck but I would wait until you understand your medical and legal situation better before filing any type of claim or statement. And of course check into your COBRA medical right away as others also have said.

    Take care

    Simka
  12. JP

    JP New Member

    Yes, they can fire you and I am so sorry that this happened for you. In a market society, what counts is your ability to compete in the work world. It's a pretty cold environment and it's not personal...just business for the most part. I don't know your story, length of employment or your employer. I have had to let people go due to their overall attendance and other work related issues. If it were my business and I could afford to work with my employees, I would. In many mid size companies there is some room to work with employees. If they are a proven employee with long term employment, the company had more room for missed work due to uncontrolable circumstances. There are many variables involved in letting someone go. All cases are a little different. I was forced to let someone go who was on medical leave. They had only been with the company for about 4 months and had really bad attendance. I spoke with the individual several times and said that I would be forced to take action due to company policy. The individual filed suit against the company and lost. I hated that part of my job. Again, I don't know your story and you can be fired while on medical leave.

    I hope everything gets better soon...take care and keep us posted...Jan