Seriously how do I fight this?

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New Member

Date Joined Sep 2008
Total Posts : 12
   Posted 1/27/2009 9:17 PM (GMT -6)   
Ok I have been a disabled Army vet for the past 8 years and dealt with being diagnosed with fibromyalgia since I was 15yrs old I am 31 now. Here is the issue. I have chosen to remain working even though I have been collecting disability pension from the army since February 2003. I have a job in the health care industry. My supervisor (who by the way is in serious trouble already for multiple complaints from other employee's about her mistreatment of her employee's with our HR department) has told me that prior to my 1yr of employment with them I was not eligible for Family Medical Leave Act, (However I am covered under the Special Disabled Veterans & ADA acts) that she has accumulated points against me for attendance that will block me from promotion and can be grounds for termination when I was on strict orders from my physician to be on bed rest or to go to a doctors appointment. I know these two issues are covered under the two acts I listed above but when I called my EEOC rep with the company they told me they could be reversed. Yet when I met with my supervisor after she spoke with my EEOC rep that they would not be removed and I could still get fired if I take time off under a doctors order for recoup time. What can I do? How do I fight this?

Please help!!!!!

Veteran Member

Date Joined Sep 2006
Total Posts : 1713
   Posted 1/28/2009 12:26 AM (GMT -6)   
Seems to me you could contact your EEOC department and speak to someone else. Your rep may not have the experience you need. My husband was an EEOC rep for many years with the FAA and fought to"the the death" for his clients. Try again with the office.

Hope this helps.


PS  By the way, welcome to the forum!!  I see you are a relatively new member.

Moderator Chronic Pain
Believe in yourself.  Be kind to fellow humans and animals.  Take time to smell the flowers and the coffee.
And by all means, when you are down, ask me for help.  I will be there.

Veteran Member

Date Joined Jan 2005
Total Posts : 9090
   Posted 1/28/2009 12:54 AM (GMT -6)   
I would fork over some money to talk to a good attorney. It's amazing now a letter on legal stationery gets their attention.

Good luck and keep us posted...ok?
Co-Moderator Fibromyalgia & Chronic Pain Forums
Fibromyalgia, Ulcerative Colitis, Insulin dependent diabetic, PTSD, dermatitis herpetiformus, osteoarthritis and a few other side dishes.
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getting by
Forum Moderator

Date Joined Sep 2007
Total Posts : 40404
   Posted 1/28/2009 8:19 AM (GMT -6)   
Hi Still Kickin,

I am not familiar with your situation, but I think that you have gotten some good advice.

I just wanted to welcome you to the forum. I know that you have this issue on your mind, but when you get time, check out our thread called fibro101, it is very interesting.

I hope that things work out for you and that you can get the leave that you want.

Hugs, Karen
  Moderator-Depression and fibromyalgia
fibromyalgia, Chronic fatigue, depression,allergies

Veteran Member

Date Joined Jan 2009
Total Posts : 1014
   Posted 1/28/2009 8:32 AM (GMT -6)   
Hi Kickin'!!
I don't anything about the EEOC or the hospital related HR issues.  Sorry I can't be much help.  But I did want to welcome you to this forum and give you a ((hug)) to thank you for your service to our great country.
Hope you have better luck in the future with your work related issues, sounds like you have every reason to be concerned.
Take care - warm hugs,
Fibormyalgia, 4x Lyme Disease Survivor, Depression, Anxiety Disorder, Dyslexia, 2 Lumbar Disk Herniations, Allergies, Bi-lateral Carpal Tunnel. 
Meds = Elavil, Tramadol, Lipitor
"Shoot for the moon, even if you miss, you'll land among the stars" - author unknown

Melissa D.
Regular Member

Date Joined Aug 2008
Total Posts : 333
   Posted 1/28/2009 8:50 AM (GMT -6)   
Hi Still Kickin,

I'm sure your company has a benefits department, I would go to that department and speak to them. They will give you information on your benefits and your rights as an employee. Also, you can find all the information you are seeking as far as your legal rights as an employee onlinet through the department of labor.

I wish you the best of luck.

Lupus - 1997   Fibro - 2001    Sjorens  -  2007   Raynauds  -  2008
Plaquenil, Imuran, Prednisone, Synthroid, Topomax, Effexor, Norco, Prilsec, Xanex, Elidel, Restasis

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