I think that I am getting fired tomorrow: Please read and suggest

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survivor49
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Date Joined Oct 2007
Total Posts : 241
   Posted 7/16/2008 10:10 AM (GMT -7)   
I was diagnosed with crohn's in 3/07, and started a job in 10/06. I have been hospitalized once (in hte hospital where I work) and have had 5-6 call in's in a year and a half- one was due to my mom passing away.. I do my work well, and safely. I have been treated differently once being diagnosed, and hte last few months have been assigned to less than desirable shifts because there were "concerns". I have asked my superbvisor what the concerns were, and was told that everything was fine. I have received no notices of patient care that was lacking, and I work well with others. I eventually went to the chief of the department to ask what was going on, so that I could improve if there were areas in which i was found to be deficient. He never answered me, but told my supervisor to tell me not to emaill him again. Again, she reiterated that all was "fine". Now I am called to a meeting with the two of them tomorrow. I asked the superivisor if this was a meeting to terminate me and she would not answer. I am terrified that i will lose my job and my health insurance. Does anyone know if I have any rights here? can they terminate me because I have crohn's? There are others that have been out more often, and I have only taken a day here or there- usually corresponding with a hospital visit, so they know I am not faking it. I would appreciate any help that you can give.

Lady G
Regular Member


Date Joined Sep 2006
Total Posts : 321
   Posted 7/16/2008 10:38 AM (GMT -7)   
They cannot fire you for having crohns..do they KNOW you have it?
lately my job got me to fill out forms to say what I have and what/if any modifications I may need and in doing so they say I am VERY protected in my rights (from being sick and having a valid reason for my sick days) from getting fired or anything, in fact they say now I don't even need sick notes or nothing since they have a cause in file, but I will still get them anyways so they know I won't abuse that knowledge, but you DO have rights and if they fire you for having a health issue (especially if they are aware of it) then you can take it to labour laws and all that, human resources if you have that kind of thing, the whole discrimination thing sort of arises from this.
27 year old, married. Diagnosed with Crohns at 17, suspected of having for at least a year or so before that.  Alot of Crohns in my family history.  No surgeries yet. Taking Imuran.


karendee
Veteran Member


Date Joined Mar 2007
Total Posts : 1642
   Posted 7/16/2008 10:54 AM (GMT -7)   

They cannot terminate you because of Crohn's. However some companies try to make other excuses. I had this happen but was lucky enough to be able to find a new job before I was termed.

I would suggest documenting everything you can. Also, start gathering references and be prepared to have a resume ready. Also, if they term you on the spot you may be escorted out so you will not be able to take any contact info of coworkers that could help you in the future for references or a court case if need be.

I am so sorry this is happening to you! I would make sure you get all the info you can before the meeting!

Good luck

Karen


 ...

Karen (Karendee)

Diagnosed w/ Crohn’s Disease  March 2007 On 150mg Azathioprine (generic Imuran), Pentasa, & Entocort Switching to Humira June 2008 will wean off Pentasa and Entocort

Diagnosed w/  Fibromyalgia May 2007 also on Soma - Also on Prilosec for reflux.

 

 


aoccc
Regular Member


Date Joined Feb 2005
Total Posts : 455
   Posted 7/16/2008 11:17 AM (GMT -7)   
In reality, if the job isn't worth all the headache(and believe me fighting this sort of stuff is for crohn's) then just find a new one that suits you better and move on.
SCD since 01, remission since 01, occasional Arby's breaks :)


CheerDad
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Date Joined Apr 2004
Total Posts : 2284
   Posted 7/16/2008 1:02 PM (GMT -7)   
It is called the Family Medical Leave Act passed in the 90s. It does require certification from your doctor and of course the bureaucracy of paperwork but it protects your job for illness related issues for 12 weeks absence per year. I would contact your doctor and download the necessary forms if HR doesn't have them. It is also your right to have a representative from HR present at your meeting tomorrow. They are there to protect your rights. I believe the forms can be downloaded from the US Department of Labor. Good Luck!!!
We can respond to irritation with a smile instead of scowl, or by giving warm praise instead of icy indifference. By our being understanding instead of abrupt, others, in turn, may decide to hold on a little longer rather than to give way. Love, patience, and meekness can be just as contagious as rudeness and crudeness.

 
Randy

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Dx'd with Crohn's at age 12. Symptoms since age 5.

Learning to live with this Disease rather than be its victim after 36 years.


FitzyK23
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Date Joined May 2005
Total Posts : 4219
   Posted 7/16/2008 1:21 PM (GMT -7)   
FMLA only applies if your employer has more than 50 employees and you have worked there over 1 year. It only protects you from being discharged for excessive absences. It sounds like they may try to discharge you for something else. Are you an at-will employee or do you have a contract? Do you have a union?

Also - under the ADA your employer must make reasonable accomodations to help you perform the necessary job functions.  If you can't perform the necessary job functions even with accommodation than they could "have cause" for discharge.  But, if they haven't offered accomodations or if you are performing all your job functions then there isnt cause.

This is all just some life advice I have picked up NOT LEGAL ADVICE.  I also recommend trying to find a labor atty to hear the facts of your case BEFORE anything happens.


26 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.

Post Edited (FitzyK23) : 7/16/2008 2:33:50 PM (GMT-6)


sjkly
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Date Joined Dec 2007
Total Posts : 2113
   Posted 7/16/2008 3:21 PM (GMT -7)   
FMLA and ADA both require that you make these requests prior to using them. You can't miss a bunch of work and then apply for FMLA you have to notify HR before (If you know ahead of time) or concurrent with your absences. ADA requires reasonable accomidations but again they have to be negotiated ahead of time.
Sj

FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 7/16/2008 4:38 PM (GMT -7)   
sjkly - I agree... but she said she has NOT missed a bunch of work. So if they are firing her for other performance issues (like being in the bathroom too much) it may fall under the ADA because they know it is due to her crohns, not her taking a smoke break.


26 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.


survivor49
Regular Member


Date Joined Oct 2007
Total Posts : 241
   Posted 7/16/2008 6:21 PM (GMT -7)   
i am employed by a physician's group. there are less than 50 employees as far as i know. i am not a hospital employee- we contract with the hospital. I think that they are going to try and intimidate me into leaving. Please pray for me that I don't cry, and that I keep my cool. I want to just listen to what they have to say. I am not allowed to have anyone with me. we have no human resources dept. that is another reason that i am afraid that i am getting the shaft. just them and me. it is immensely important that i do not lose my health insurance, or that i dont have any gaps. i think that it is a good idea to find another job, but i can't do it in a day, and would rather have a job to go to before i leave this one. thanks for all of your caring and advice. i am petrified.

FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 7/16/2008 7:24 PM (GMT -7)   
See if you are in a state that allows you to legally record a conversation without the other persons knowledge. If so RECORD. If not, you can still record but you have to disclose to them that you are recording. I also have no idea about the legalities of them telling you that no one can come with you. It seems to me that if you want to have a lawyer present you would have that right. You could always tell them that you would like to postpone the meeting until you find out whether they are correct or not regarding whether you have to attend the meeting alone. If insurance is your greatest concern and you are laid off you can tell them that you think what they are doing is illegal but you would be willing to waive litigation if they agree to pay your health care premiums for x number of months. If they agree to this GET IT IN WRITING!!!! And get it witnessed and make copies for them and you and YOU keep the original!
26 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.


EruditePaul
Regular Member


Date Joined Jan 2006
Total Posts : 266
   Posted 7/16/2008 7:55 PM (GMT -7)   

Can you use your spouse's insurance or COBRA?

I live in Massachusetts where they offer low-cost state government insurance for low income people.

For me, I would rather not take the protracted legal actions against my employer.  I would leave before they terminate me.

about 4 years ago, I worked for a small company and had a very mean supervisor. So I left the company after 2.5 months.  I have been with my current employer for almost 4 years.  It is a large company with thousands of employees.  For the years that I have been with my current company, my boss has changed once. The first one was very nice.  She said that Crohn's would not be a problem, because we have another colleague with diabetes and that colleague is just as productive.  Now my current supervisor is even nicer.  She fully understands my conditions because she has a niece with Crohn's.  My current supervisor actually recommended a GI specialist to me.

The point that I am trying to make is that there are good bosses around.  You just have to search for them.


Diagnosed with CD in 1994;

Have being treated with Chinese herbal medicines for over 10 years.


lilturbo
Regular Member


Date Joined Feb 2008
Total Posts : 298
   Posted 7/16/2008 9:28 PM (GMT -7)   
I am so sorry you are going through this and will keep you in my prayers. Please keep us updated!
turboemma.blogspot.com/


karendee
Veteran Member


Date Joined Mar 2007
Total Posts : 1642
   Posted 7/17/2008 7:20 AM (GMT -7)   
You do have to apply for FMLA ahead. Also you can't be discriminated against for a disease and fired but some people are careful to find other resons.

As for not being able to take anyone with you I would request someone there. Let them know you were nervous and wanted someone there to help you remember the conversation. If they pressure you to leave don't leave. And then keep very accurate records etc. or at least you can try to gather all the info you need to find a new job. you will at least need references so talk with some coworkers that may know your situation.

I really do understand how you feel. My last boss all of the sudden started yelling at me and telling me of mistakes and performace issues only once she knew I had CD. I can't say for sure that was why but it sure seemed like she was bulidng a case against me.

Even if you do not plan to sue please keep records as if you do plan to sue. You may change your mind later.

I would take someone with me especially since there is not an HR dept there. you deserve someone there on your side.

I do think no matter what happens you can keep cobra insurance while looking for a new job. your employer is required by law to offer you cobra. it is expensive but is cheaper than our meds full price etc. Cobra would be the same insurance coverage you have right now.
Good luck!
Karen

 ...

Karen (Karendee)

Diagnosed w/ Crohn’s Disease  March 2007 On 150mg Azathioprine (generic Imuran), Pentasa, & Entocort Switching to Humira June 2008 will wean off Pentasa and Entocort

Diagnosed w/  Fibromyalgia May 2007 also on Soma - Also on Prilosec for reflux.

 

 


FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 7/17/2008 8:26 AM (GMT -7)   
Karen - unfortunatly I think COBRA only applies to businesses w/ more than 50 employees but I could be wrong.

If you haven't had your meeting yet, make sure you print out any emails you want, copy anything you want, get peoples contact information, before you go in. If you are terminated you might be escorted out and not have a chance to do any of that. Also log out of any person accounts you use on your work computer (such as this) that might have you remembered.
26 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.


AlwaysRosie
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Date Joined Jan 2005
Total Posts : 8616
   Posted 7/17/2008 8:41 AM (GMT -7)   
((((((((( Survivor49 ))))))))

Thinking about you today!!!

Blessings!

In His Grip

AlwaysRosie           "We can't control the waves, but we can learn how to surf!!"

Psalms 139

Co-Moderator - Lupus Forum

UCTD, Inflammatory Arthritis, Diverticulosis, (recent dx - Sjogrens, Crohn’s 4/08)

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karendee
Veteran Member


Date Joined Mar 2007
Total Posts : 1642
   Posted 7/17/2008 8:45 AM (GMT -7)   
Sorry I thought she said there are more than 50 employees, Didn't read that well....

thanks,
karen

 ...

Karen (Karendee)

Diagnosed w/ Crohn’s Disease  March 2007 On 150mg Azathioprine (generic Imuran), Pentasa, & Entocort Switching to Humira June 2008 will wean off Pentasa and Entocort

Diagnosed w/  Fibromyalgia May 2007 also on Soma - Also on Prilosec for reflux.

 

 


closure
Regular Member


Date Joined Jul 2008
Total Posts : 471
   Posted 7/17/2008 10:14 AM (GMT -7)   
thinking of you! *hugs*
27 female
 
Bipolar, panic disorder, PTSD, PCOS, hashimoto's disease/hypothyroidism, acid reflux, and in the process of being diagnosed with either crohns, colitis, or even lupus...who knows really! the docs sure don't lol. Too many meds to list!


inflamed
Veteran Member


Date Joined Nov 2005
Total Posts : 1340
   Posted 7/17/2008 6:59 PM (GMT -7)   
bump

thinking about you too
Currently in remission!


LuckyStar01
Regular Member


Date Joined Mar 2008
Total Posts : 54
   Posted 7/17/2008 7:31 PM (GMT -7)   
I am sorry: Sounds like we are going through the same worries.

If your not on FMLA I would get on one.

Also, I agree if you can get a new job get one and I know in our current market it is really hard because that is where I am at.

You never know maybe your boss is going to go over FMLA things I would check your HR Policies.

Me I am in real trouble - I had a Team member go to a new boss and tell her that I said I was going to cause physical harm to
another co-worker that is ADA. I am the biggest hearted person and understand illness and ADA I could not hurt a fly I am devistated
I am devastated and written up on a behavioral warning. I contacted my Dept of Labor and I filed a Rebuttal and demanded that the defamation of Charachter,
discrimination among other things cease immediately then I got violently ill and am out of work.

Remember: Focus on your Rights read all of the materials you can, HR Manual, FMLA policies, attendance procedures, also what
your leaders are responsible for. There are people out there to help you and if you can get a new job. Try not to worry. You
are not alone and no it is not fair.

Good Luck!

survivor49
Regular Member


Date Joined Oct 2007
Total Posts : 241
   Posted 7/17/2008 8:29 PM (GMT -7)   
thank you all for your help. i was terminated because "some of the docs didn't like me". no complaints about my performance, attendance, patient care, clinical decision making. nothing.no warning, no chance for rebuttal. this cannot be legal.

FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 7/17/2008 8:45 PM (GMT -7)   
I'm so sorry to hear that. Were you offered any severance? Will they allow you to continue health care for a month or so? Will they allow you to pay their portion of the premium to stay on the health care (like cobra) even if you are not cobra eligible?
26 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.


closure
Regular Member


Date Joined Jul 2008
Total Posts : 471
   Posted 7/17/2008 8:54 PM (GMT -7)   
I'm sorry. I wish I had advice, but really have no clue what to tell you. I hope some people here can give you advice on what to do next. *hugs*
27 female
 
Bipolar, panic disorder, PTSD, PCOS, hashimoto's disease/hypothyroidism, acid reflux, and in the process of being diagnosed with either crohns, colitis, or even lupus...who knows really! the docs sure don't lol. Too many meds to list!


randynoguts
Veteran Member


Date Joined Jan 2003
Total Posts : 6050
   Posted 7/17/2008 8:59 PM (GMT -7)   
hey survivor. you will survive.. what state are you in? some states are right to work states and a firm can terminate you for any reason or NO reason. thats why in some instances a union job is a good thing. then at least you have some recourse. i would file imediately for unemployment and medical help from the state. it takes a while but it will help. most states , unless your fired for cause, the employer cannot fight the unemployment award. good luck
randynoguts 



     http://www.geocities.com/randynogutsweb/


Sniper
Veteran Member


Date Joined Feb 2004
Total Posts : 6518
   Posted 7/18/2008 5:25 AM (GMT -7)   
I agree with Randy. Go after the unemployment benefits. Being that your company let you go, you should qualify and another thing is that the company that let you go has to pay a portion of them. Good luck and keep us up to date...
If we would read the secret history of our enemies,we would find in each mans life sorrow and suffering enough to disarm all hostility.


LBJ
Veteran Member


Date Joined May 2005
Total Posts : 511
   Posted 7/18/2008 6:43 AM (GMT -7)   
I am so sorry that happened to you!! That is just awful! I wish I had some advise to give you. ((((Hugs)))
Living with Crohn's Disease since Jan./2000 but had a few years prior
I'm a true Crohnie with IBS too
 
Meds I have tried:  Too many to list- LOL
Meds currently on:  Prednisone 20mg tapering  Back up to 30mg  :-(
                           Methotrexate injections once a week 25mg
                           Folic Acid 5mg once a week
                           Wellbutrin
No Surgeries
 

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