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karli1238
01-15-2009, 04:18 AM
I have missed about 1 to 3 days a wk due medical issues. I have epilepsy, hydrocephalus, and lupus to name a few.I have a fmla on file so I can't get fired for medical reasons. Well I was called to our gm's office on tuesday. I was told that I need to train someone else from our company in what I do during the day. They said he would be there full time next wk and wouldn't say what would happen after that. I think they are going to lay me off and say its a reduction in job force. My boss sent me an email that said we need help and he was going to get someone so wouldn't they be going against their word if they lay me off 2 wks later. I printed out the email for the unemployment office if I do get laid off. I don't want to train this guy. I am going to delete all my files and emails. I am going to tell them as little as possible. I had to figure everything out on my own. Why does someone else get it easy? I couldn't sleep this morning. I'm really pissed and don't even want to go back. I am also going to slowly pack all my stuff. I want to be ready to go if it does happen. The guy that's coming over makes 60K and I'm at 53K. The other two girls in my area make around 17 an hour and I know they won't keep two peoplw who make more than everyone else. I should also say that I work in there aerospace industry and due to boeing strike we are still laying people off. Has anyone else been laid off even with fmla?

hatlady
01-15-2009, 06:37 AM
Hi karli;

Sorry to hear you're having such a bad time. Wish I had more time to be online today, but this is going to have to be really short. I'm going to give you a bunch of websites to review. You need to pursue ADA with your employer, and you need to know your rights and the appropriate accommodations to request ongoing...

http://janweb.icdi.wvu.edu/ - a great all round resource

http://www.eeoc.gov/ada/adahandbook.html - ADA handbook

http://www.eeoc.gov/ EEOC website.

You should also check your state workforce website - there may be specific state laws that can protect you.

If they lay you off stating low production and then hire a replacement, that could land them in trouble.

Talk to your HR if you can -

Hugs and keep us posted, dear!

~hatlady

Saysusie
01-15-2009, 09:08 AM
Hi Karli;
I just wanted to reiterate everything that hatlady suggested. The ADA counselors are very helpful and will give you suggestions on how to request job accommodation.
Please let us know how it goes and I hope that you do not get laid off and that ADA is able to help you.

Peace and Blessings
Saysusie

karli1238
01-16-2009, 05:21 AM
Thanks for the help. I talked to someone I used to work with and she said that if they laid me off I would have a law suit. I could claim that they picked me over the 2 other girls that I work with due to my medical issues. I'm really glad I have that fmla on file. Now I just have to wait and see what they do over the next few wks. They did a few lay offs in other depts yesterday. Its so crazy all these lay offs and hardly anyone is hiring.

rob
01-16-2009, 05:42 AM
You do indeed have the law on your side Karli. Try to relax a bit and just know that the ADA was passed to protect people in your situation. As Saysusie said, an ADA counselor can advise you and help you to get the job accommodation you are legally entitled to. Of course, don't forget that you have all of us here in your corner. I hope you are feeling better and that the headaches you have been dealing with are not bothering you today.

Rob

DrinkofWtr
01-16-2009, 09:28 AM
Dear Karli:

I am sorry to hear of your employment troubles. I recently went on unemployment and I am considering pursuing my lay off, or termination, whatever you want to call it with the CA Department of Fair Employment and Housing. I am being discriminated against possibly because of age. I am almost 59 or because of a prior Workman's Compensation Claim with another school district, or both. I worked as a Substitute Teacher for the school district that laid me off for over 10 years. Now others are being called to fill in for teachers I previously filled in for. I just know the district has hired new substitutes this school year and I am being discriminated against.

Gisèle
01-18-2009, 01:29 AM
Hi Karli,

I do not know much regarding the law, but I do feel that you would have some type of legal protection in your situation. I finished a unit on case law in one of my classes, and as mentioned here, the Americans with Disabilities Act was designed for situations like this. Also, it applies to those whose illness impact a major life activity and bodily function, and no doubt, lupus sure does.

I also want to add that although my situation is different (missing at least a day a week from school), I do emphathize with you and relate to the frustration and anxiety of being absent a lot. It is very difficult and stressful. I really do hope things get better for you and that everything works out well.

karli1238
01-18-2009, 01:35 AM
Thanks gisele. I really hope it gets better soon too. This site has helped me in many ways and I'm extremely grateful. It helps with the stress that's so horrible to lupus.

Thanks everyone!

KathyW1958
01-18-2009, 05:39 AM
Hi Karli,
I feel so bad for you and angered that your employer is treating you like this. You do have grounds to go right straight to the labor board if they let you go, because you are protected by the ADA. I lost my job about 5 years ago, but it was a situation where my spine got really bad and I really could not do the work anymore, but they did not immediately let me go. I talked with the folks in HR and I told them right out that my back was shot and told them that I could no longer do the job. In your case though it sounds like you are being discriminated against. I would contact the labor board immediately if they let you go. Keep us posted on what happens, ok.

Hugs,
Kathy

hatlady
01-19-2009, 01:41 PM
Hi Karli;

Looking for an update from you!

What I think is important in these times is to clearly document as much as possible. Know what your job description says, and if your title is different from the other three you work with, try to find out what the differences are between your stated jobs. Layoffs can be based on many things - like...
* seniority
* "performance" - based on performance reviews or other ratings
* combination of performance and seniority
* job titles or job descriptions
* department or unit functions
* all part timers first before full timers
* Occassionally - only occassionally - based on pay, with the highest paid going first.

You currently have FMLA on your side, but that will only help so much. If they cut your unit, well, all 4 of you would go. If you and the new guy have the same job description, well, usually the most senior stays. But not always.

I think I'd work with HR at this point to be sure that you have a record of talking with them about the ADA (actually now it is the ADAAA - Americans with Disabilities Act Amendments Act :roll: ) and about the possibility that you will need some ongoing accomodations if your FMLA ran out. THat way they'll have on record and can't use ignorance of your needs as a defense.

And look at the company's long term disability policy as well - as a very last resort, if you could qualify for that, it may be a better choice than layoff.

These are rough times. And though I have boundless hope for the changes President Obama will bring, I know they won't come overnight. I am afraid we'll see a lot more layoffs and a lot more hurt before it turns around. So taking whatever steps you can NOW to keep your place in the organization may be important.

Hugs dear, and please keep us up to date!

karli1238
01-19-2009, 06:15 PM
I am technically the lead of the area. I have worked for the company for 7 yrs with no problems until the last 6 to 8 months. It is horrible to realize that your not capible of doing things that you used to. The other girls are mean like they think I like to be sick. sometimes I think it will be more peaceful if I don't have to deal with that stress all the time. I've already cleaned out my cumputer and am slowly emptying my desk. I don't want to be caught off gaurd. I guess this is my way of preparing for a battle. I'm still not even sure if anything will happen but am very uneasy at work. Today was the first day thay I had to start training. Tomorrow I have to document my job. I might have to be sick. Just kidding. I hate the h.r lady but will talk to her this wk. Thanks for everything. I really hope I wake up with a better attitude in the morning. I'm not happy tonight. Wish I could have a drink but can't with prednisone!!!

Danica01
01-20-2009, 02:47 AM
hang in there love and keep your chin up :!: I am so sorry you are going through this and poo on all those silly girls who are mean. Just think, they have nothing better to do in their lives than to be nasty to others who need support. I am glad we are not in that category :!: Keep posting and letting us know what is going on. I will be thinking about you tomorrow and hoping that you are getting through the day :lol:

karli1238
01-20-2009, 03:14 AM
I've only been able to sleep for a few hrs tonight. I'm going to use another fmla day. I'm going to call dr since I've been in a lot of pain due to reducing steroids. I want him to fill out short term disabilty form then I can be off work and still have medical. I've already missed a lot of work. I think this would give me time to adjust to meds. I'm thinking about trying methotrexate. How get dr to ok short term disability?

Danica01
01-20-2009, 03:43 AM
I have no idea how to do that :( I wish I did but your doctor should know all about it. I bet the stress of the whole job situation is making everything worse. Some time off to focus on you may just be what you need. Rest today and try not to think about work stuff :wink: I know this is easier said than done. Watch a movie or read a good book, this will let you escape for just a bit. Hang in there and let me know what the doc says about you short term disability. Get some sleep

karli1238
01-20-2009, 03:50 AM
I have the form just need him to fill it out. I'm making a list of my symptoms so I'm ready to talk to him. I'm never going to get better if I stay in that environment.

rob
01-20-2009, 07:47 AM
Karli,

Your first priority is to take care of yourself. You do whatever you need to in order to safeguard your health. If that means getting away from a toxic or negative work environment, then so be it. Always remember, it doesn't matter how mean people like your co-workers are treating you. It only matters how you would treat them if the situation were reversed. I know you would treat them with the same care and concern that you show here every day. You may be physically ill, but they are morally bankrupt. If I had to choose between the two, I'll take the physical illness.

It sounds like you have the proper form to fill out for your request. Remember to dot all the I's and cross all the T's so it will be processed as quickly as possible. Hang in there.

Rob

karli1238
01-21-2009, 12:19 AM
Thanks rob. Ya I'd rarther have an illness than be like them. The dr didn't call me back today. I'm going to call again in the morning. I need to start feeling better. Hoping that if I get rid of work stress then I can cope with trying to help my aunt out. Too much stress is making me feel worse. I slept a few hrs this morn but still feel like a zombie. Hope I can sleep tonight.

rob
01-21-2009, 07:22 AM
Good morning fellow zombie. How are you feeling this morning? I was up all night with nausea and chills. That's new. Anyway, I'll bet that you will start feeling better when you get away from work. As much as I hated to stop working, the beneficial effects of all that stress being removed form my life made a noticeable difference in the frequency, and severity of my flares. I was also around some pretty nasty chemicals all the time, so I know that wasn't helping things. Hope you, and I, can get some sleep soon. I think I'll lay down after I finish the laundry.

hatlady
01-22-2009, 03:39 PM
H Karli;

finally time to spend a minute here again, and looked up your post first.

Rob has, as always, given you good advice - take care of yourself first and always treat the otehrs with respect, even if none is given to you. I hope you can get the STD paperwork in order, it sounds like a leave would be helpful to you.

It always pains me when someone says their HR person is not easy to talk to - I pride myself in running a professional, ethical department, and try my best to make every one of us accessible and easy to talk to by anyone - from the President down to the entry level clerk who was just hired. Our job is service. We are part of management, true, so we are not "employee advocates," but it is our job to serve both management and employees so that the work of the organizaton goes forward and the organization prospers.

When there is an HR department that doesn't meet MY standards, it bothers the heck out of me. I just want to SCREAM at them for hurting the perception of my profession! :mad:

OK, so much for my soapbox.

I hope things do start to turn around for you - you deserve it!

Gentle hugs - from an HR person who cares -

~hatlady

mountaindreamer
01-22-2009, 07:48 PM
i agree hatlady,

I got my master's degree in HR, and worked in the hr profession for many years. we are in a difficult situation, we are management, but we don't produce anything that increases revenue, actually, we cost money on the short term. We appreciate the members of the organization (all of them), but our hands are tied by federal and state laws, and organizational procedures. It also erks me when some hr representatives get so caught up in federal regulations, paperwork, etc. that they loose the compassion for the individual.

by the way, I have made a slight professional transition. I am now a safety director, and everyone hates to see me come through the door. Plus, I am really bound by regulations now....can't risk OSHA fines. I really don't mind it if people get erked with me as long as we continue to have a safe working enviroment.

nice to meet you and to learn of another common element other than this rediculus disease.

share a smile today,
phyllis

karli1238
01-22-2009, 11:39 PM
Rob- my joints are still killing me. The dr said to take tylenol like I haven't already tried that. I'm going to try to get in tomorrow so I can get paperwork filled out. I have my rescheduled eeg in the afternoon and am supposed to stay up all night. Ill probably just nap for a few. I'm not looking forward to having a seizure during the test. My mind always feels worn out and I'm really tired after the test. I hope that your feeling better and were able to get some sleep.

Hatlady- I've been at my job for 7 yrs and have heard many stories about things people have told the hour lady in confidence and somehow the whole company knows. I don't trust her at all and to make matters worse she lives a few miles from me so I'm always worried that ill run into her somewhere. She has been rude to me since I did an l and I claim a few yrs ago. Guess I made her actually work. I really hope I get this short term disabilty approved soon. I really need a break. Can't handle it any longer.

Well its good to know that there are some good H.R people out there. Hopefully when I change jobs I will have a good one.

mountaindreamer
01-23-2009, 05:45 AM
hi karli,

I too hope that your next job includes a good hr person. I am so sorry that you have been treated this way.....some people should not be in the position that they are.

There is nothing that i hate more that seeking the help of a person who obviously does not like their job....they can be soooo rude.

take care, don't let anyone get you down.

share a smile today

karli1238
01-26-2009, 09:04 PM
I was in the er for the 3rd time in 3 wks for headaches. Luckily my shunt is ok. I went to rhuemy today. He finally actually wrote lupus down for dx. He has been dancing around it. He said I could take 2 wks off for short term disability but I got him to mark the box for a month. I'm exited to be away from work. I'm trying to talk my aunt to coming over so she can rest after chemo. Her kids don't seem to understand she could die. Very frusterating. Anyways hope everyone had a great day! Thanks for listening - Karli