Fired for lupus!

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Clayyo
New Member


Date Joined Mar 2008
Total Posts : 7
   Posted 4/9/2008 7:25 AM (GMT -7)   
So Amanda, my wife with Lupus, was just fired a weeek ago. The reason was because she missed too many days out sick. We have no idea where to go from here. We are both in our mid-20's. Has anyone every been fried because of your lupus? What did you do? What do we do?

redrose77
Veteran Member


Date Joined Sep 2005
Total Posts : 2573
   Posted 4/9/2008 11:16 AM (GMT -7)   
I have to ask, did she have a doctor's excuse for each absense? Did her employer know about the lupus? How long had she been working there? I ask all this because the answers affect where you go from here. If she had a doctor's excuse for every single absense, or FMLA paperwork on file then it makes a huge difference. If they knew she had lupus and what it would mean this also makes a big difference. Length of employment will influence the issue as well, if she was there more than a year it could make a huge difference where as less than 6 months makes it less likely she has recourse. I have had to quit jobs because of my diseases, but never actually been fired. You need to call legal aid and get some advice after writing out a basic summary of what has gone on and answering the questions I asked truthfully. They will know where you should go from there.
Dx:fibromyalgia 2002, systematic lupus 2005- definate CNS involvement dxed late 2005, psoriasis 2006, rheumatoid arthritis 2006, PTSD 2007, multiple allergies 2005, migraine, compression fractures T11 & T12, Sj√∂gren's, damaged periphrial nerves 2007, pregnant due May 2008
Tx: plaquenil, Enbrel, Darvocet, Singulair, Flexeril, Baby Asprin, Imuran, Procardia, Prilosec


mygrljes
Regular Member


Date Joined Mar 2008
Total Posts : 110
   Posted 4/9/2008 12:41 PM (GMT -7)   

I was fired because of my lupus. My husband and I contacted an attorney immediately, but he said there was nothing we could do about it because I didn't have enough hours logged in to qualify for FMLA; I missed it by 2 lousy hours. I had worked there 9 months, but the last month was part time per my doctors order. I didn't know I had lupus when I first started; it wasn't until the 8th month when I ended up in the hospital for two weeks. The lawyer suggested I apply for disability, and my doctor insisted I not go back to work.

If she has been there long enough to qualify for FMLA, and (like redrose said) she has a doctors note on file, I suggest contacting an attorney to see if you have an EEO case. In the meantime, have her apply for disability just in case things don't go in your favor. It took six months for my disabilty to be completely reviewed and approved.

Goodluck,

Robin


dix: lupus sle Jan. '99, hypo-thyroid Mar. '06
rx: pred. 5mg/day, plaquenil 200mg/day, levothyroxine .112mg/day, premarin .45mg/day
wife, mother of three


Clayyo
New Member


Date Joined Mar 2008
Total Posts : 7
   Posted 4/9/2008 4:10 PM (GMT -7)   
She worked about 7 to 8 months, she had a doctors note everytime except one time when she was out for a week. Her employer did know that she had lupus when he hired her. She worked at an International Review Board (IRB) Those are the people that oversee experimental drugs. One of thier drugs studies was on arthritis. We are angry because their was know warning or anything. One week she was demoted, the next week she was fired. I thought under ADA they had to at lease offer her another type of job.

What is EEO?
A proud husband of a beautiful woman with lupus!


sjkly
Veteran Member


Date Joined Dec 2007
Total Posts : 2113
   Posted 4/9/2008 7:56 PM (GMT -7)   
ADA is not an absolute right to a job. It is a right to reasonable accomidations, if the employing agency meets certain conditions and the person involved is a member of a covered group.
You need to consult a lawyer to see if those conditions are met and what recourse you have.
Your wife should be a member of a covered class, I don't know about the agency and excessive absence is not always something that can be fixed with reasonable accomidations. A lawyer would be able to help you sort all of that out.
Also, reasonable accomidations are supposed to be worked out in advance you can't always just go back and explain work related conduct in terms of a disability if needing extra leave was not discussed prior.

mygrljes
Regular Member


Date Joined Mar 2008
Total Posts : 110
   Posted 4/9/2008 9:27 PM (GMT -7)   

EEO is Equal Employment Oppurtunity. Employers are not allowed to discriminate against certain things. Unless she was eligible to take FMLA there is probably not much you can do if anything at all.

If she goes on disability and uses the "ticket to work" program they have, then she would have more leway(sp?) with being able to miss work because of a flare. She does have to let the employer know ahead of time about her disability and how it affects her and her work.


dix: lupus sle Jan. '99, hypo-thyroid Mar. '06
rx: pred. 5mg/day, plaquenil 200mg/day, levothyroxine .112mg/day, premarin .45mg/day
wife, mother of three


Clayyo
New Member


Date Joined Mar 2008
Total Posts : 7
   Posted 4/10/2008 9:03 AM (GMT -7)   
I looked at the ADA and it says leave without pay was a reasonable accommodation? She never asked to be paid when she was gone. She did explain her condition up front. I would like to talk to a lawyer, but I am a teacher, and we just don't make the kind of money to pay for one.

What is "ticket to work?"

She is so depressed right now because she doesn't feel as if she is contributing, and she wants to work. I wish she could find a job where she works from home, any suggestions? What can I do to make her feel better?
A proud husband of a beautiful woman with lupus!


applesk82
Regular Member


Date Joined Oct 2003
Total Posts : 262
   Posted 4/10/2008 10:47 AM (GMT -7)   
Hi,
I really sorry to hear about your wife, its hard enough to deal with lupus and then we have to deal with not being able to continue to be our "old selves". When I applied for my job in Jan. I told my employer up front about lupus and the fact that I have times when I have doc appts and things like that. Ticket to work, is offered by Social Security when you are diablity and you go back to work. They give you about nine months to "try out" your job and if you feel you can not do it, and if you cant do it then they let you leave the job without losing your disability payments. However, you can only make a certain amount of money before taxes.
Hugs and prayers,                      If it was easy being a lupie, 
   ~Suzanne~                                      the whole world would be one     
                                                             
diagnosed in May '95 with lupus nephritis, hypertension, hypothyroidism, avascular necrosis (knee) '98, kidney transplant April '06, pseudo-tumor cerebri '07, AVN ankles and hips '07, depression '07
prednisone, cellcept, prograf, lopressor, allopurinol, synthroid, diamox, OsCal +D, melatonin, celexa, pepcid, oxycontin for pain


sjkly
Veteran Member


Date Joined Dec 2007
Total Posts : 2113
   Posted 4/10/2008 4:51 PM (GMT -7)   
ADA lawyers often work probono or are paid for by the county government or work on contingency (contact your local community services board or its equivelent).

okie
Veteran Member


Date Joined Dec 2006
Total Posts : 2818
   Posted 4/11/2008 2:15 PM (GMT -7)   

Hi hun, wow that is rough. You guys are so young. It seems like the others have given you some good advice. The only other things I could think of is to have her talk to her doctor and see if he/she might try to help her get disability. I'm not sure if DHS would be able to help you but they should at least be able to tell you what services you are eligible for. If she has worked there that long she should at least be eligible for unemployment. Has she applied for that yet?

I wish you all the best. Please tell her to hang in there and she didn't ask for this diseaseand not to beat herself up over it. I know it seems so overwhelming right now but it will get better.

I will be keeping you in my prayers

carol


God Bless
Lupus like symptoms, stage 4 COPD w/CHF,  Cancer survivor.  Osteoporosis,osteoarthritis
Prednisone,Plaquanil800mg,vicodin 4x5mg,Evista60mg, Effexor 150mg, HCTZ25/Triamterene37.5mg,Xanax 1.0 x3,Singular,nitro spray, aciphex, percocet 10mg.x4.,lasix,inderal,pot.chlor.,B12 
I will never leave you nor forsake you!
 
 
 


cured4real?
Veteran Member


Date Joined Dec 2005
Total Posts : 1944
   Posted 4/12/2008 11:53 AM (GMT -7)   
In addition to the above, don't give up. I know people who work for lawyers that have lupus and get lots of time off and not fired, so the lawyers must know something that the average person doesn't. I would contact the patient advocate foundation at 1-800-532-5274 and speak to a real person. The website is: http://www.patientadvocate.org/

There mission statement is:

"Patient Advocate Foundation is a national non-profit organization that seeks to safeguard patients through effective mediation assuring access to care, maintenance of employment and preservation of their financial stability relative to their diagnosis of life threatening or debilitating diseases. "

I hope this helps. I havent contacted them in a few years, but they helped my son. They also supposedly have copay assistance too.

I wish you the best. I was told I resigned from my job because I did not return to work after my FMLA and vacation/sick/holiday time was up. I was in a better position to fight, but was too ill to do it and by the time I got it together, the company had been sold and the statute of limitations run out. I also lost 200,000 bucks of company paid disability that would have gone on for the rest of my life. I am still trying to see if I can recoup that plus some pain and suffering since I had to do without income for three years though I had paid for the policy and filled out the forms.
Love, Marji
--Sometimes I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us. Bill Watterson (1958-) cartoonist "Calvin and Hobbes"
Ills--Sjogrens-Lupus-like AI Disease, Hashis, Vitiligo, spinal stenosis/fusion with plate, salivary/lymphectomies, Diabetes, NAFLD, COPD, RLS, neuropathy, trigonitis, hystero, diffuse brain atrophy, GI nightmare
Meds--Plaquenil, Evoxac, Metformin, Synthroid, HCTZ, Estradiol patch, Prosed, Detrol, Klonopin, Ultram, Vicodin, Restasis, Albuterol, steroid injections and pred prn

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