Discrimination at Work

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Jenny S.
Regular Member


Date Joined Oct 2007
Total Posts : 80
   Posted 11/29/2007 1:36 PM (GMT -7)   

Hello all,

 

A couple of months ago I posted some comments on my employment situation ... currently on FMLA because I cannot work overtime being required.  I now have an attorney who recognizes 2 law violations by my employer - Medical Discrimination under ADA & potential to fill my position before FMLA has expired (a big no-no!).  Anyway, the first step is to file a formal complaint and send a demand letter telling my employer what they've done wrong & asking what they are going to do to fix the problem.  Hopefully they will make the right choice by making 'reasonable accommodations.'  If no, I will proceed with suing the crap out of that joint!   :-)   The idea of that makes me nervous, but I don't want them to walk all over anyone else with a medical situation like mine.  

 

Thank you for listening & all of your previous suggestions concerning my situation.  I will keep everyone posted....

 
 

~Jenny~

I have Lupus ... Lupus doesn't have me. 

Dx: Raynaud's(2000)·Lupus(2001)

Rx: Pletal 100mg·Norvasc 10mg·Prednisone 5mg·Plaquenil 400mg

  


hippimom2
Veteran Member


Date Joined Jul 2005
Total Posts : 5403
   Posted 11/29/2007 6:33 PM (GMT -7)   
Jenny, I give you so much credit for standing up for yourself about this. It is scary to stand up to your workplace but you deserve to be treated fairly and also hopefully you'll help others who come along later who might have similar problems. Give yourself a big pat on the back for getting a lawyer and doing what you need to do.

Take care and I'm glad you are going to keep us posted.
Diagnosis:  UCTD (lupus) 2006; Raynauds 2006; Sjogren's 2006; lupus symptoms began 2003; CFS 1991; Mono 1985
Meds:  Plaquenil 400mg; Prednisone 5-10mg; Tramadol 100mg 3-4x daily; Doxepin 25-50mg; Prevacid; Steriod Cream and Mouth Rinse for tongue and mouth ulcers; Hydrocodone 5/500 prn for severe pain; Artificial tears

 

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Jenny S.
Regular Member


Date Joined Oct 2007
Total Posts : 80
   Posted 11/30/2007 4:41 AM (GMT -7)   
HippiMom,

Thanks for your encouraging words - means the world to me. It's amazing how the US has such an involved legal system to protect employees, but enforcing those laws is quite the battle! :) Thank goodness I have a spectacular hubby to support me all the way - emotionally & financially.

(((Hugs)))


~Jenny~

I have Lupus ... Lupus doesn't have me. 

Dx: Raynaud's(2000)·Lupus(2001)

Rx: Pletal 100mg·Norvasc 10mg·Prednisone 5mg·Plaquenil 400mg

  


Kookla
Regular Member


Date Joined Mar 2005
Total Posts : 401
   Posted 12/1/2007 10:41 AM (GMT -7)   
Jenny
WOW, I have been there... I am on FMLA too.. have been for three years. I cannot work overtime, I cannot work saturdays and sometimes I am late in the morning because I simply have bad mornings. I hurt and I dont sleep and it sucks. It got bad at work. I was transferred from being a loan officer to DATA ENTRY. I was mad at first but then greatfull when I realized that it was better for me... they did not cut my pay.. however.. then I had back surgery and got sicker... SO I missed work.. They didnt want me there... THey did everything to get me out of there... they TRIED to write me up and say that my production was lower than everyone elses and I deserved to be written up. I FOUGHT BACK! I told them that I know my rights and I fall under ADA and with FMLA you have rights too... You cannot compare me to an average healthy person that doesnt suffer from daily pain and headaches and everything that LUPUS brings.... They got scared when I flipped out.. I told them that I had a lawyer... ( I DIDNT) but I did ask my doctor about it and he gave me the name of a lawyer that would help me and fight for me and he even said it was wrong what they were doing.. THey try to intimidate me and pull me in the office and ask me if my job is too overwhelming and then they say that when I call in sick that I should try to tell them how long I will be out and that I need to speek to a manager and not leave a message and if my husband calls that he needs to speak to the manager not the voicemail. I said you know what, IF I knew how long my flair was going to keep me IN BED I would tell you but I DONT and I am so sick sometimes that picking up the phone to call you and tell you is impossible... that is why my husband does it for me most of the time and he is a full time student and works and he doesnt have all the time in the world to track down a manager to tell them that I am not going to be in... they backed off after that... BUt girl I am telling you that I am sooooooo proud of you. You really inspire me. AND EVERYONE ELSE HERE TOO! Writing what you wrote is an inspiration to all of us.. your a fighter and you rock. I am so glad that you have a lawyer behind you... and I hope that you can keep your job but if you dont I hope that WHEN you sue that crap out of them that you get enough money to not have to work and put up with that BS! YOU GO GIRL! WAY TO GO! YOU ARE A FIGHTER! REally proud of you!
Steph

gloryroad
Regular Member


Date Joined Oct 2006
Total Posts : 193
   Posted 12/1/2007 3:00 PM (GMT -7)   
When I went out on FMLA last year for 2 months, I researched some stuff about it. My agency was very supportive of me so I am very lucky and I haven't missed much work at all since then (except for a week for surgery.) My understanding is that they do not have to hold your position, but that they do have to give you A position when you return and they are not allowed to decrease your salary - so even if they give you a job that normally pays less, they cannot decrease your pay. I can't imagine they would let this go far enough to get sued - if they do, they are REALLY dumb! Do they know you have an attorney? Keep your spirits up - the law is on your side!
Gloryroad


Jenny S.
Regular Member


Date Joined Oct 2007
Total Posts : 80
   Posted 12/2/2007 6:21 AM (GMT -7)   
Kookla - Your post made me feel on top of the world! Thanks! I can totally relate to the situations you've had at work. Keep your chin up. :)

Gloryroad - My employer does not know that I have an attorney. They are ignorant with respect to discrimination and ADA that it would not matter to them since they think they are above the law, boy are they in for a surprise!

~Jenny~

I have Lupus ... Lupus doesn't have me. 

Dx: Raynaud's(2000)·Lupus(2001)

Rx: Pletal 100mg·Norvasc 10mg·Prednisone 5mg·Plaquenil 400mg

  

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