screwed out of promotion

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Shellz0711
Regular Member


Date Joined Jun 2008
Total Posts : 54
   Posted 8/26/2008 8:29 PM (GMT -7)   
I just found out from someone I am close to in management that I got turned down for a promotion because of my FMLA. I was super disappointed because they told me my stats weren't good enough. hmm a little suspicious when i am number 17 out of almost 600 employees. Yeah I was pissed

LavenderBlue
Regular Member


Date Joined Oct 2005
Total Posts : 168
   Posted 8/26/2008 10:01 PM (GMT -7)   
What do you mean you got turned down because of your FMLA? Did you max it out or what?
lavender
 
diagnosed: Crohn's Aug 2005
 
other set-backs: Vasculitis Aug 2006, Sub-total Colectomy (10 inches of colon left) Feb 2007, Ogilivie's Syndrome Mar 2007, Pulmonary Embolism Sept 2007, Collapsed lung Oct 2007, Recto/Vaginal fistula Nov 2007
 
drugs: Imuran, Remicade, Prednisone, Fentanyl, Warfarin, Flagyl, Cipro, Celexa, Ferrous Gluconate, Acidopholous


Shellz0711
Regular Member


Date Joined Jun 2008
Total Posts : 54
   Posted 8/26/2008 10:52 PM (GMT -7)   
nope they turned me down because I have it and use it when I need to I am far from maxed out.

Nanners
Elite Member


Date Joined Apr 2005
Total Posts : 14995
   Posted 8/27/2008 6:46 AM (GMT -7)   
(((Shellz0711))) I am sorry this happened to you. Makes you hate this DD even more!!
Been living with Crohn's Disease for 32 years.  Currently on Asacol, Prilosec 60 mg, Estrace, Prinivil, Diltiazem, Percoset prn for pain and Calcium.  Resections in 2002 and 2005.  Recently diagnosed with Fibromyalgia and doing tests to see if I have Inflammatory Arthritis or AS.


love_angels
Regular Member


Date Joined Oct 2006
Total Posts : 46
   Posted 8/27/2008 8:35 AM (GMT -7)   
That just bites!! Those people in management don't seem to understand that this disease (or any for that matter), could happen to them or someone they love shocked ..then they get a different perspective. It's really too bad...

karendee
Veteran Member


Date Joined Mar 2007
Total Posts : 1642
   Posted 8/27/2008 10:51 AM (GMT -7)   

FMLA is supposed to protect you from any discrimination at your workplace. I am so sorry this happened to you. if you can get some real proof I would suggest hanging on to it. Even if you do not plan to sue now you might need it someday.  If they did this who knows what they may do in the future.

((((Shellz0711))))

Karen


 ...

Karen (Karendee)

Diagnosed w/ Crohn’s Disease  March 2007 Started Humira June 2008 (have been on other cd meds)

Diagnosed w/  Fibromyalgia May 2007 on Soma and Lyrica

Diagnosed w/ General Anxiety Disorder in 2005- Effexor and Clonazepam 

 


Texan with Crohn's
Regular Member


Date Joined Dec 2007
Total Posts : 362
   Posted 8/27/2008 11:16 AM (GMT -7)   
Shellz0711 -

I agree, that BITES! Never ceases to amaze me how CD is so darn discriminated against. I am soooo sorry that this happened to you. Hang in there... and be happy to be employed! It's been an uphill battle for me since losing my job in July and learning the hard way to NEVER disclose CD.

Sending you BIG HUGS and POSITIVE ENERGY and THOUGHTS!!!!!!


-Leslie a/k/a Texan

LavenderBlue
Regular Member


Date Joined Oct 2005
Total Posts : 168
   Posted 8/27/2008 1:16 PM (GMT -7)   
I agree with Karendee. I don't think they can legally do that. If you could get a written statement from the person who said you missed out on a job promotion because of your FMLA use, it would be a good thing to hold on to. I'm sorry that happened to you. it's really not right. It's absolute discrimination.
lavender
 
diagnosed: Crohn's Aug 2005
 
other set-backs: Vasculitis Aug 2006, Sub-total Colectomy (10 inches of colon left) Feb 2007, Ogilivie's Syndrome Mar 2007, Pulmonary Embolism Sept 2007, Collapsed lung Oct 2007, Recto/Vaginal fistula Nov 2007
 
drugs: Imuran, Remicade, Prednisone, Fentanyl, Warfarin, Flagyl, Cipro, Celexa, Ferrous Gluconate, Acidopholous


Cookie's Wife
Regular Member


Date Joined Aug 2005
Total Posts : 299
   Posted 8/27/2008 6:34 PM (GMT -7)   
I agree Texan but on the other hand...I don't want to be embarrased that I have this disease. I want people to be more aware of it.

I have my physical tomorrow to see if my job offer still stands and I've tossed back and forth about whether I should have lied instead of telling the truth.

I think I would have been more stressed worrying if I was going to get caught lying...

I think it's a never ending battle. confused
~april
 

 



JohnnyRed
New Member


Date Joined Aug 2008
Total Posts : 11
   Posted 8/27/2008 7:39 PM (GMT -7)   
Wondering without getting too nosey where you work and if you have any solid proof you were shunned a promotion based on your condition.
 
If you dont want to post it here, pm or email me. I am in management where I work and FMLA is a HOT topic. Your situation sounds as if it could happen where I work without a doubt.

LuckyStar01
Regular Member


Date Joined Mar 2008
Total Posts : 54
   Posted 8/27/2008 8:35 PM (GMT -7)   
I am so sorry - They don't know what they turned down!

I feel for you. Same issue for me too. From what I understand that although we can be number one
and clearly the best choice year after year they do not have to pick the best candidate for the promotion.

It sucks! It makes this illness hard to deal with. I don't know why just because of a stupid illness we
have to work ourselves so extra hard to prove that we are like everybody else. Its wrong and it makes me mad.

Idea:
I ran into a lady that started her own business part time out of her house she has MS and she has
3 offices now and goes in when she can. There has got to be a better way.

Good Luck! We are with you!
Diagnosed 2004 - Chrohns and UC - Currently on no medication.
Multiple other chronic illnesses and allregic to many things.

Wish upon a Lucky Star!


Shellz0711
Regular Member


Date Joined Jun 2008
Total Posts : 54
   Posted 8/27/2008 11:04 PM (GMT -7)   
Thanks guys, I am really upset about it but it is a huge company so I am not going to push it and my friend in management has FMLA too and I don't want to make her a target or put her in that position. But it wasn't just me they also turned away one of my friends who has FMLA for anxiety. I am positive that my friend in management is right because they told me it was based off performance but I am ranked 17th out of over 600 people so I know that was B.S. I am just gonna keep applying and I am gonna keep going until they have no excuse to turn me down.

FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 8/28/2008 6:21 AM (GMT -7)   
This is in no way legal advice but I think you would be hard pressed to pursue a discrimination case here. The ADA requires you be accomodated in your job. It does not require that you be promoted. Additionaly, FMLA protects your current job. I think they can still take into accoutn the number of days you are out of work, FMLA or not, when thinking of promoting.

It sucks, but at the same time, they need the work to get done. I worked in corrections and my partner was out a lot for FMLA due to what he thought was crohns and ended up being a severe corn allergy. He didn't have an office job where the work could wait. He was line staff, like me. If he wasn't there, someone had to work over time to fill in. Sometimes I had a good replacement, sometimes I didn't. I got my shoulder busted on a day he couldn't be there and I had a crappy replacement. I don't hold it against him, I am just using it as an example that unfortunatly not all jobs are created equal as far as being accommodating to disabilities.

If I was promoting someone to a managment position and knew that one person would be out x number of days per year and needed coverage and the other person who did about an equal job but would be there all the time I would probably go with the one who had better attendance.

I am guessing they didn't say "oh she has crohns lets not promote her" but rather "she takes a lot of sick time and we need someone who is here."

I know that it won't make you feel much better and again, I am not well versed on the law of FMLA. If it is supposed to make you equal to coworkers that are there all the time when it comes to promotions then I put my foot in my mouth. I thought it was just supposed to protect your current position.
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.


IHATEIBD
New Member


Date Joined Aug 2008
Total Posts : 4
   Posted 8/28/2008 7:34 AM (GMT -7)   
Don't kid yourself, particularly if you are employed in a state which uses "Employee at will" standards, or if the company is big enough. They see the potential for long-term disability and make a MONEY decision. Be happy they just didn't can you when they found out you were sick, like they with me :)

Shellz0711
Regular Member


Date Joined Jun 2008
Total Posts : 54
   Posted 8/28/2008 7:15 PM (GMT -7)   
Just to set the record straight I have no intention of perusing legal action I was just venting my frustrations. I am very aware it would be almost impossible to prove but I am wanting to go down that road I am very thankful for my job and am just gonna work harder to get to where I want to go, I was just venting here.
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