Oh no - MY JOB!!!

Discussion in 'Fibromyalgia Main Forum' started by shari1677, Jan 29, 2010.

  1. shari1677

    shari1677 New Member

    I've been working in the same profession for over 20 years. I was diagnosed with FM about 5 years ago, at which point, both my quality and production took a major nosedive. I have, however, been able to hold down a steady full-time job, at home, with a 3-hour nap in the middle of my shift. My company is full aware of my condition.

    Well - I think there is no more "getting by". I was just told if things do not improve, I will be terminated.

    NOW WHAT? I live with my sister who told me I have until I get my tax return to move. My mother wont take me in. Of note, neither of them thinks I have a "real illness". They both think I just need to "try harder" and "push through it".

    I am a single mom.

    I have no health insurance.


    [This Message was Edited on 01/29/2010]
  2. fight4acure

    fight4acure Member

    Hi Shari... where abouts do you live?

    What type of job do you have?

    Fight :)
  3. AuntTammie

    AuntTammie New Member

    that is really tough....I will be praying for you

    as to what to do.....have they made it clear that they are going to be getting rid of you bc of your disability, bc if that is the case, you may have grounds for some compensation (I don't know a lot about the law with regards to this, but I do know that there is some protection supposed to be there)

    aside from that, if you are truly unable to keep up with your work, then disability should come into play.....I know it stinks to have to go that route, but it is there for a reason

    you should be able to get health insurance for your child(ren) thru the state, and if you wind up with no income, you will also be eligible for medicaid for yourself (which as i have said before stinks bc around here there are no Drs who take it....but it is still better than nothing, esp in an ER)

    if you lose your job is there any chance at all that either your sister or your mother would reconsider, at least until you are able to explore your options a little more? (if not for your sake - which IS of course very important, but since they are being the way that they are, would they be willing to do so for the sake of your child(ren)? sorry I don't remember how many kid(s) you have
  4. shari1677

    shari1677 New Member

    My job has never said anything about firing me because of my disability. They are firing me because of low production and quality standards. I have trouble comprehending and following even the simplist of tasks anymore.

    I have a 15 YO girl that lives with me. My mother told me that I should give her to my ex-husband indefinitely due to my financial situation. Some help, huh?

    My sister is already remodeling the area of her house in which I live for her and her husband's new bedroom. Of note - they are spending $6000.00 (six thousand) on a new bedroom set, but they wont let me stay!

    This is horrible people - horrible.

    Not to mention - I also have a severe history of depression, 3 nervous breakdowns requiring hospitalization in my lifetime.
    [This Message was Edited on 01/29/2010]
  5. fight4acure

    fight4acure Member

    Yes, it is horrible! ((((((((((((((((Hugs)))))))))))))))))

    I know one thing for sure... it builds a great case for disability if and when you file. Make sure you get them to document things and give you copies of your files before you sign off for your last pay check. They cannot legally make you sign anything until you get your paycheck in hand and until you get copies of your file.

    Very sad. :(

    Hugs to you Hon...
  6. gb66

    gb66 Well-Known Member

    You said that they're not firing you because of your disability, but part of your disability would account for your low production rate I would think.

    Having to work slower is part of the disease that you have and this affects your job. Maybe you could talk to them about this or get some free legal counseling. GB66
  7. AuntTammie

    AuntTammie New Member

    I'm so sorry....wish so much I could offer more ideas, but I am not really sure what to suggest....it is horrible that your family treats you that way

    do you have anyone else at all that might be willing to let you stay with them until you figure things out? what state are you in? most states do have some funds in place for people at risk of homelessness, esp if there is a child involved

    if you do lose your job, you should be eligible for unemployment for a little while, but I am not sure exactly how that would work if you also wanted to apply for disability - I know that it is possible to work very part time while getting disability, but I think that if you were actively seeking a full time job (like you need to do to get unemployment), it would probably hurt your chances of getting disability and you definitely do not want to do anything that would mess with that if you need it, esp when losing this job for the reasons that you might lose it would provide good evidence for getting disability

    I don't know if you are involved at all with a church, but if you are, they usually have funds for ER situations....and there are food banks and food stamps that can help if you have a low income & can get where they want you to be at the time they want you there
  8. quanked

    quanked Member

    I am so sorry that your are facing this circumstance. Can you apply for disability through your job as you are not able to perform the tasks required as well as you once did?

    If this is undoable have you considered applying to the state for public assistance? At least this would be a starting point. Along with money there are food stamps, housing subsidies and various other supports (health insurance). At the same time you can begin applying for disability (SSDI) and you may be eligible for unemployment compensation for awhile.

    None of this is ideal I know. There are not a lot of options for people with these dd's once the ability to work is gone.

    As for your family I can only say that this is not surprising. Family, to me, has never provided much in the line of support--monetarily or emotionally (I am talking about my family of origin). At best it was hit and miss and mostly miss. I come from a very abusive family and I cut myself off from them a number of years ago with the exception of a niece. I worked in social services for a few years and there is no end of abuse that family members heap on each other. We would all do well to remember that the family is the MOST violent arena in the world bar none. I am not saying that all families are abusive and violent. That said, we seem to all live in a mythological world where families meet each others needs at least minimally--at least in our minds.

    I think you might make it a lot easier on yourself and your child if you are able to not look to or wait for your family to do the right thing. This is just my opinion based on what you have shared about your family's actions and inactions. Strangers have been kinder to me and more helpful than my family was--and they did not expect a pint of blood for their help.

    You might consider asking for the help of a church in terms of moving and setting up a new household. There are people in our communities who are just waiting to help others. I have seen it. I have been one of those people. I find that many people are happy to help if they can. But they have to be asked. Believe it or not I have seen the same behavior in some of my own family members. They just seem incapable of directing this behavior toward family.

    I just wish that there was something I could do for you. I am sending good thoughts and hopes your way.

    Hang in there shari 1677.

  9. fight4acure

    fight4acure Member

    It just came to me after reading a few more posts....
    did you have your doctor send you workplace a note about your disability, including in there that it might account for a slower productivity rate?

    When I first came down with FMS, and was dx with Lymes disease, my work was going to fire me, even though I never missed a day and always volunteered to work over time prior to becoming really ill. So I threw the sue word in my supervisors ears, and it got back to the office really quick, and they left me alone from then on. However, I was still able to do my job after being off for 2 months trying to recover. Then I got better for a while, but not like I use to be prior to this, of course.

    You do have your legal rights. Make sure your doctors participate and give them documents on which it would be illegal to fire you. Let your docs do some fighting for you hon... that's what they're there for, not just looking stupid all of the time... lol

    Hugs, and let us know what happens!

    Fight :)
  10. DeborahLynn

    DeborahLynn Member

    It's difficult to feel every support yanked out from under you. My husband was ill and had been unable to work for several months, and my little income was the only income we had. As these diseases progressed with me, I had to work less and less, until I finally had to quit. With no income at all, I just didn't know what would happen, and I turned to the Lord. I cried out to Him for help, and He got us through.

    It was a long haul, though, but God is faithful! I may not have liked the way it was, but my children and family always had enough to eat, a roof over our heads, and clothes to wear. "God has a thousand ways to provide for us of which we know none." It is so true!

    I prayed about my disability case, and He helped every step of the way. I felt "blind as a bat" with my disability case, because I just didn't know what I was doing. But the Lord guided me and helped me with all the paperwork, finding a disability lawyer, etc.

    Life is hard, but God will see you through. He may not save us from the storm, but He will save us through the storm. I pray you will be encouraged, and have the strength and wisdom to get through this difficult time. You are never alone; He will always be with you.


  11. Didoe

    Didoe New Member

    employees can NEVER and should NEVER EVER be open, forthcoming with employer, even those smiling nice folks who seems to have your best interests as they speak kindly to your face.

    If you can set aside all mental health matters, obtain physical medical records and apply online for SSDI, you can do it yourself, but you cannot do it while employed. If you are refused, Binder & Binder is a national disaiblity advocate law firm, they will take a disability case on consignment after reviewing your records and doctors assessment.

    So your short list of things to do:
    Get your medical doctor to agree, clearly and for the long haul, that you belong on LTD.

    Have same doctor fill in short term disability leave paper, its a one page document, you fill in front, doc fills in back; benefits vary with employer but you should have mininmum 26 weeks paid leave to care for your illness.

    Do not wait to see if they will fire you, they likely will. You need to have the doctor fill in your papers asap and hand them in.

    Employer cannot fire you while you are out, but if you do not return on the date your doctor puts in the form, they CAN terminate you at that point.

    Do not ponder during the time you are out, if you do go on short term disability, what you're going to do after 6 months; as soon as your out, get busy gathering all medical papers, records. Since insurance companies do their best to not pay for sick people, be sure some of the depression issues will come up. You need a doctor to tie together the stress of being ill as the cause of chronic depression.

    I wish you all the luck in the world, I'm in the middle of this myself.

    To anyone else reading and not yet ina panic....
    Unless you have $$$ to spend on lawyers keep your mouth closed, no one cares and no one will do much at work except discuss your shortcomings, privately or in Personnel.
    ADA guidelines and all the legalese in the world will not stop a nasty, selfish and bottom line driven employer from finding a way to terminate if that suits their needs.

    The bottom line is money.

    My employer has relatively generous private insurance, but if anyone applies primarily due to emotional health issues for disability, you get 2 years and good bye, period.

    It's difficult to 'imagine' what DebbieLynn is saying if you're not into fulltime prayer and have a belief system, but for those of us without a net under us, either family or financial, the Lord is the first and last line of defense...or in this situation Offense.

  12. Janalynn

    Janalynn New Member

    Oh Shari,
    I'm so sorry you're facing something like this!

    Just a bit of info:

    **Unfortunately it is NOT illegal for an employer to terminate someone for low productivity even if they have a disability. Employers do have the right to fire, especially if you are in a "at will" state - otherwise employers would ever hire a person with a disability if they thought they had to keep them "no matter what they did or didn't do" at work.

    We wouldn't want that!

    Are there any other positions that you could do there? Any other options for you at all?
    Some of us Have to tell our employers something. There is no way my boss would not know there wasn't something going on with me. No way.

    You got great advice from people who are going through this now. Did you get a written notice of warning from them that you signed? If they do terminate you, you should be able to get unemployment unless they fight it, which hopefully they won't. IF they try, they have to have given you written warning.

    I wish I had more concrete advice for you. Right now, you have to take care of one thing at time. Find out what is happening with your job, what options you have for that, then you'll know what money you'll have coming in and can then figure out your living situation.

    You know who you can and can't count on. As unfortunate as it is, don't let them disappoint you any longer.

    Didoe- your paragraph saying that no one at your work will care etc., they're nasty, selfish, bottomline driven... is a very general statement. Any good business person is looking at their bottomline. Sounds like you just got screwed and you're angry.

    I don't know how to help you, but to let you know I'm here!


  13. Didoe

    Didoe New Member

    Hey Janalynn

    No. haven't been screwed on the disability issue yet, but being a glass half-empty kinda gal, I'm anticipating it-their record with employees across the board indicates no less. But the angry part is spot on.

    I put my experiences out there, not from anger as much as experience- no one should be playing softball when the game now is hardball and money. Until the world is a very different place in terms of accepting non-visible disabilities and mental illnesses, you'll survive better by keeping good records and your mouth shut.

  14. victoria

    victoria New Member

    see if there's a free or nearly free (sliding scale?) law clinic, many places have them, to see if you have some worker's rights here.

    With the right words mentioned in a letter, they probably need to accomodate you, plus, for them, they'd get brownie points for keeping you employed. Have you been seing doctors? Talk to them as well, some can be helpful as well in this area... for instance, I had no idea that my son could be excused from a semester of HS for medical reasons when he couldn't finish it. Not that I was thinking that straight at that point, but his psychiatrist told me.

    Hope you find some help... let your fingers do the walking for you... call your state reps, whatever you need to do, they may have some info for you.

    all the best,
  15. tig519

    tig519 Member

    There are few areas of protection, however, they also relate to reasonable accommodations by your employer.

    FMLA- Doesn't give you pay, but you could possibly seek protection for time off, up to 1200hrs per year. This could allow time off to try and get rest and treatment to return to work.

    Here's where it gets touchy, although you could take incremental time off due a chronic illness like FMS, the employer must be able to make that accommodation and that it would not cause an adverse affect to their production.

    Basically, your employer could either say... yep, we'll pay you for part time work, because we can make that reasonable accommodation or this job requires someone to work 40hrs a week. I know it sounds unfair, but think of it this way. If you applied for a loading dock job that required you be able to lift 70lbs, but you couldn't, would you expect to be hired for the position?

    Protection for disability is very stringent when the individual is able to meet the requirements of the job, but is presumed not to be able to due to a disability.. whether its an obvious physical disability or other. I could see where the previous poster who mentioned although they were ill, never missed a day of work and performed their job. They would have a very strong case.

    Sorry I didn't have better information and I suggest seeking public assistance by filing for disability first. If your doctor provides the information and you are let go from your job because you can't do the job due to your illness, you may gain support more quickly. I would reference the many articles on here about filing for SS Disability.
  16. cpdwife1519

    cpdwife1519 New Member

    Message me when you read this I would like to personally speak w/you even if through emails.
    I am in OHio ...and facing the same issue but I am at home w/my children & husband thank the lord above.
    I am here as a shoulder and a ear for anything you might need but today I was given my walking papers per se' from my city job and the same EXACT reasoning was my cognitive reasoning memory and slower ability to comprehend what was going on compared to when Istarted back this past july! so I hear you loud N CLEAR!

    msg me please we have alot to discuss and I am here for you!

  17. andreake

    andreake New Member

    I had to quit my job because I got too sick to work. Because I had gone to my employer and tried to get accommidations, and that I had given them 2 weeks notice before, I was able to collect unemployment......something to at least look into.

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