MSNik
06-27-2008, 07:23 PM
hi all....well, it happened just like I thoght it might...I went to work today and learned that they cut my hours to 3 days a week, without my consent..basically I was told that if I didnt like it, I could leave. My guess is thats what they were hoping me to do. They didnt really give me any choice, they managed to do it just in time to NOT have to pay me for a holiday next week- they also used the reasoning that they feel that Im having a meltdown and that I cant handle a fulltime job. My boss even went as far as to tell me that if I find another parttime job the days that I no longer work for him, he will consider it rediculous- whatever that means, since its "obvious' that Im not in any condition to work 5 days a week..
So is this discrimination? Do I really want to sit thru another meeting with another lawyer to find out? Im exhausted. im tired of doctor, lawyers and mostly people right now. I dont want to see anyone or do anything..
There were alot more issues wth this downsizing move he made..I no longer get commission or bonuses of any sort- I was told that I have minimums which I have to meet, and that I should be able to do that in 3 days- I disagree...they gave me basically the same minimum requirements which they expected out of me at FULLTIME! They know they have me over the barrel and its exactly what they wanted..
I wont find out about my interview until next Tuesday- so I sat there and took it, then I came home and cried my eyes out.
I really doubt there is much I can do about this. My gut says that they arent stupid enough to do something which they have "checked out with their attorneys' first; however I still think Im being hurt- due to the fact that they found out I have a disability.
thoughts on this one?
Nikki
So is this discrimination? Do I really want to sit thru another meeting with another lawyer to find out? Im exhausted. im tired of doctor, lawyers and mostly people right now. I dont want to see anyone or do anything..
There were alot more issues wth this downsizing move he made..I no longer get commission or bonuses of any sort- I was told that I have minimums which I have to meet, and that I should be able to do that in 3 days- I disagree...they gave me basically the same minimum requirements which they expected out of me at FULLTIME! They know they have me over the barrel and its exactly what they wanted..
I wont find out about my interview until next Tuesday- so I sat there and took it, then I came home and cried my eyes out.
I really doubt there is much I can do about this. My gut says that they arent stupid enough to do something which they have "checked out with their attorneys' first; however I still think Im being hurt- due to the fact that they found out I have a disability.
thoughts on this one?
Nikki
Sponsor
glamour girl
06-27-2008, 08:56 PM
Gosh nikki,
I'm sitting here stunned. I've been low for two days feeling like crap. I've got a few posts to catch up on. Your here was the top of the list. Can't believe they've done this to you. After ALL that you have done.
Its true at the end of the day. We're only a number huh?
I'm glad to see your getting some support from yr hubby, thats got to be comforting.
I think yr boss has got his own opinions on weather he can do this to you.
I know here they can't do it without yr consent. I feel your sadness. I sincerly hope once the smoke lift, you find a path to clarity and happiness.
G.G. xx
I'm sitting here stunned. I've been low for two days feeling like crap. I've got a few posts to catch up on. Your here was the top of the list. Can't believe they've done this to you. After ALL that you have done.
Its true at the end of the day. We're only a number huh?
I'm glad to see your getting some support from yr hubby, thats got to be comforting.
I think yr boss has got his own opinions on weather he can do this to you.
I know here they can't do it without yr consent. I feel your sadness. I sincerly hope once the smoke lift, you find a path to clarity and happiness.
G.G. xx
MSNik
06-27-2008, 09:35 PM
thanks GG..im not sure how much support Im getting at home right now...it changes by the hour...but Im trying to be grateful and basically shame into making me continue being miserable in order to appease him!
My boss, is another matter altogether...this has been a long time coming, unfortuantely, with their attitude, finding out I have MS was the icing on the cake..
Ill keep you posted.
Hugs back!Nik
My boss, is another matter altogether...this has been a long time coming, unfortuantely, with their attitude, finding out I have MS was the icing on the cake..
Ill keep you posted.
Hugs back!Nik
Tasia W
06-27-2008, 09:42 PM
Hi Nikki
Yes, this definately sounds like discrimination to me and by all appearances they have set you up to fail! Your boss telling you that if you find another part-time job it will be rediculous is just nasty words coming out of his mouth, meant to be-little you and make you feel worthless. He knows that he cannot keep you from finding another part-time job and so he is on a major power trip and he is out to get you any way that he can. Anything that makes him "win" and you "loose" right. I have seen this before and shame on all the bosses out there that engage in such bullying tactics!!
Nikki, you have helped so many of us on this board. You have integrity, strength and courage!! I carry with me the Serenity Prayer and when things are bad, which they sure have been lately, but I am not going to burden you, I repeat these words over and over...and then over again. God, grant me the serenity to accept the things I cannot change, courage to change the things I can, And wisdom to know the difference. Of course there is much more to this poem and I am sure that many of us on this board repeat these words over and over in time of need.
Your career is in upheaval right now, but know that this will not last forever. Something better is meant for you Nikki and soon you will know it. If I am understanding correctly it sounds like your husband is more supportive and I sure hope he keeps this up for your sake. We have to choose our battles and only you can decide if this is a battle worth fighting for. How is your health? Is this worth it? Whatever you decide will be the right decision and you have alot of people on this board that will support whatever you choose to do. Cry your eyes out as much as you need to. Who cares how swollen your eyes get or how runny your nose gets, crying is a necessary emotion it gets rid of all the ugly!!
Nikki I hope each day gets better for you and you are in my thoughts and prayers
warmest wishes and a big hug
T
Yes, this definately sounds like discrimination to me and by all appearances they have set you up to fail! Your boss telling you that if you find another part-time job it will be rediculous is just nasty words coming out of his mouth, meant to be-little you and make you feel worthless. He knows that he cannot keep you from finding another part-time job and so he is on a major power trip and he is out to get you any way that he can. Anything that makes him "win" and you "loose" right. I have seen this before and shame on all the bosses out there that engage in such bullying tactics!!
Nikki, you have helped so many of us on this board. You have integrity, strength and courage!! I carry with me the Serenity Prayer and when things are bad, which they sure have been lately, but I am not going to burden you, I repeat these words over and over...and then over again. God, grant me the serenity to accept the things I cannot change, courage to change the things I can, And wisdom to know the difference. Of course there is much more to this poem and I am sure that many of us on this board repeat these words over and over in time of need.
Your career is in upheaval right now, but know that this will not last forever. Something better is meant for you Nikki and soon you will know it. If I am understanding correctly it sounds like your husband is more supportive and I sure hope he keeps this up for your sake. We have to choose our battles and only you can decide if this is a battle worth fighting for. How is your health? Is this worth it? Whatever you decide will be the right decision and you have alot of people on this board that will support whatever you choose to do. Cry your eyes out as much as you need to. Who cares how swollen your eyes get or how runny your nose gets, crying is a necessary emotion it gets rid of all the ugly!!
Nikki I hope each day gets better for you and you are in my thoughts and prayers
warmest wishes and a big hug
T
MSNik
06-27-2008, 10:07 PM
Thanks Tasia, and Monkey.
Tasia, I know you have experience with all of this, what do you think? SHould I consult an attorney on this one? Right now all I want to do is run fast and furious and get away from this evil boss of mine- and never look back!
I do know the serenity prayer and I do say it often! Appreciate the sentiment you brought with that...but right now, in all honesty, Im not finding the wisdom to do much..I feel like its been one mistake after another for the past year!
anyway, husband is currently having a cow over financials...so he is flip flopping regularly on this one...
I really wonder how my boss thinks he is getting away with this..
????so confused...
Nikki
Tasia, I know you have experience with all of this, what do you think? SHould I consult an attorney on this one? Right now all I want to do is run fast and furious and get away from this evil boss of mine- and never look back!
I do know the serenity prayer and I do say it often! Appreciate the sentiment you brought with that...but right now, in all honesty, Im not finding the wisdom to do much..I feel like its been one mistake after another for the past year!
anyway, husband is currently having a cow over financials...so he is flip flopping regularly on this one...
I really wonder how my boss thinks he is getting away with this..
????so confused...
Nikki
Canadian gal
06-28-2008, 01:36 AM
Things are so different there, as far as the employment laws, so I really don't know what you can do.
Here, they would have to pay severance pay to reduce someone's hours, which would be a minimum of one month's pay for every year you've been there, in a management position. If they attracted you away from another job (head-hunted you), there is more severance required. I don't know if you have the same or any laws that protect you from a being downgraded from full to a part time job. :confused:
The other thing is clearly they can not change your hours and expect the same output. Obviously this is not achievable, and (unlike salary) they can not get any more hours out of you on part time, unless they PAY for each and every hour. There must be standards, ie. 6 customer visits per hour or day (whatever it is), and they can not expect more then the standard.
Anyway, you are right, they are trying to squeeze you out. It is probably not worth your energy to fight it, and it is a terribly upsetting situation to be in. I feel for you . . .
Cherie
Here, they would have to pay severance pay to reduce someone's hours, which would be a minimum of one month's pay for every year you've been there, in a management position. If they attracted you away from another job (head-hunted you), there is more severance required. I don't know if you have the same or any laws that protect you from a being downgraded from full to a part time job. :confused:
The other thing is clearly they can not change your hours and expect the same output. Obviously this is not achievable, and (unlike salary) they can not get any more hours out of you on part time, unless they PAY for each and every hour. There must be standards, ie. 6 customer visits per hour or day (whatever it is), and they can not expect more then the standard.
Anyway, you are right, they are trying to squeeze you out. It is probably not worth your energy to fight it, and it is a terribly upsetting situation to be in. I feel for you . . .
Cherie
w0rldflame
06-28-2008, 01:46 AM
hey Nikki, so sorry to hear about this.
Def check with your local ADA rep and with the Fair housing and Employment board (think they handle both ) find out what your rights are in a situation like this.
It sounds like outright discrimination to me and they are digging a deep hole. Sure they may have checked with their lawyer to see if there was some sort of loophole, but you have federal law on your side. You are a person with a Disability who has been told to do everything in less time and not given the means to do it. I believe this def falls under Discrimination for people with Disabilities. I believe under the Disability act they MUST accomodate YOU if the accomodations are needed in order for you to complete the work.
Again check with your local ADA and Employment board. I am sure you are not the first person that this so called boss has done this with and you will not be the last. People like this don't just wake up one day and decide to be so ignorant.
A lawyer? Most def, I know it is tiring but you deserve better treatment then this and this is out-right discrimination.
prayers are with you
w0rldflame
Def check with your local ADA rep and with the Fair housing and Employment board (think they handle both ) find out what your rights are in a situation like this.
It sounds like outright discrimination to me and they are digging a deep hole. Sure they may have checked with their lawyer to see if there was some sort of loophole, but you have federal law on your side. You are a person with a Disability who has been told to do everything in less time and not given the means to do it. I believe this def falls under Discrimination for people with Disabilities. I believe under the Disability act they MUST accomodate YOU if the accomodations are needed in order for you to complete the work.
Again check with your local ADA and Employment board. I am sure you are not the first person that this so called boss has done this with and you will not be the last. People like this don't just wake up one day and decide to be so ignorant.
A lawyer? Most def, I know it is tiring but you deserve better treatment then this and this is out-right discrimination.
prayers are with you
w0rldflame
Tasia W
06-28-2008, 01:49 AM
Hi Nikki
Your current boss knows what he can and can't get away with and right now he is just down right harrassing you. He does not want a blemish on his record and for him to maintain his record he has to get rid of you. His Ego is larger than life and right now you are his nemesis and in his way.Big mistake for him and the company that you work for because you are a loyal and hard worker. Your medical condition should have no bearing on the position that you hold. Any good employer would be most accomodating to your position. Why were you hired over other applicants? Because you were deemed the most competent and suitable for the position and this was determined during the interview process right? That is why they offered you the job. Nikki I believe that you have a strong case if you choose to push it. I am very ignorant when it comes to state laws. I know how Canada operates but I am not as knowledgeable when it comes to the states and so I do not want to lead you down the wrong path. What you need to find is a lawyer that is passionate and believes in your case. You have a very strong case. Like I said in an earlier thread I was absolutely stunned at what your lawyer told you. Don't let that hold you back Nikki. As you are very well aware of MS is a disease that you live with on a daily base, it does not define who you are or how you manage your career. As you know you know what you can and can't handle it is the ignorant that doesn't know better and unfortunately often, it is the ignorant or ill informed that hold positionsare where they can make uninformed decisions and because of their authority those unfortunate decisions stand. However, this is definately a human rights issue and I know you informed me before what is available in regards to a human rights tribune in the states but sorry Nikki I can't remember what you said to me and so I am going off the cuff. Your boss is not a medical physician and so he has no right determining your work schedule based on what he feels that you can handle. He needs concrete proof that you are having a meltdown. What he is telling you is all subjective. It is based on his judgement and that is not good enough. Nikki I am sorry that your husband is not supporting you? Is he in denial of your disease? He is just not taking you seriously. Nikki let me know what you decide and I hope that I can be helpful.
Please take care of yourself and hugs
T
Your current boss knows what he can and can't get away with and right now he is just down right harrassing you. He does not want a blemish on his record and for him to maintain his record he has to get rid of you. His Ego is larger than life and right now you are his nemesis and in his way.Big mistake for him and the company that you work for because you are a loyal and hard worker. Your medical condition should have no bearing on the position that you hold. Any good employer would be most accomodating to your position. Why were you hired over other applicants? Because you were deemed the most competent and suitable for the position and this was determined during the interview process right? That is why they offered you the job. Nikki I believe that you have a strong case if you choose to push it. I am very ignorant when it comes to state laws. I know how Canada operates but I am not as knowledgeable when it comes to the states and so I do not want to lead you down the wrong path. What you need to find is a lawyer that is passionate and believes in your case. You have a very strong case. Like I said in an earlier thread I was absolutely stunned at what your lawyer told you. Don't let that hold you back Nikki. As you are very well aware of MS is a disease that you live with on a daily base, it does not define who you are or how you manage your career. As you know you know what you can and can't handle it is the ignorant that doesn't know better and unfortunately often, it is the ignorant or ill informed that hold positionsare where they can make uninformed decisions and because of their authority those unfortunate decisions stand. However, this is definately a human rights issue and I know you informed me before what is available in regards to a human rights tribune in the states but sorry Nikki I can't remember what you said to me and so I am going off the cuff. Your boss is not a medical physician and so he has no right determining your work schedule based on what he feels that you can handle. He needs concrete proof that you are having a meltdown. What he is telling you is all subjective. It is based on his judgement and that is not good enough. Nikki I am sorry that your husband is not supporting you? Is he in denial of your disease? He is just not taking you seriously. Nikki let me know what you decide and I hope that I can be helpful.
Please take care of yourself and hugs
T
april1848
06-28-2008, 11:35 AM
Hey Nikki. First I wanted to tell you that your user name seems to have changed to Monki, or am I the only one seeing that? The post before this says that, and it's definitely your post.
I'm so sorry this has happened. Of course your boss is trying to push you out. I'm sure that you could see a lawyer about this, and you probably have some recourse. You have to decide for yourself if it would be worth it. It may be easier to just walk away, and work elsewhere, never looking back.
What your boss did doesn't sound legal to me, even though he saw a lawyer and I'm sure he prepared; I don't understand it. I don't understand why a lawyer would tell your boss this is okay, because it's not! He is most definitely in violation of the ADA, if not more!
I hope you get some great news on Tuesday, and I'm sorry you're husband is flipping from one thing to another--but at least he's flipping to some better ideas, and he recognized the need of a lawyer. He sees at least how poorly you are being treated, so that's a good thing. Please keep us updated!
I'm so sorry this has happened. Of course your boss is trying to push you out. I'm sure that you could see a lawyer about this, and you probably have some recourse. You have to decide for yourself if it would be worth it. It may be easier to just walk away, and work elsewhere, never looking back.
What your boss did doesn't sound legal to me, even though he saw a lawyer and I'm sure he prepared; I don't understand it. I don't understand why a lawyer would tell your boss this is okay, because it's not! He is most definitely in violation of the ADA, if not more!
I hope you get some great news on Tuesday, and I'm sorry you're husband is flipping from one thing to another--but at least he's flipping to some better ideas, and he recognized the need of a lawyer. He sees at least how poorly you are being treated, so that's a good thing. Please keep us updated!
MSNik
06-28-2008, 12:51 PM
Hi April, thanks for pointing that out. It was ME who wrote the post, but it was on a shared computer, and I didnt realize it came up under another name..Ive contacted the administrator to find out what to do..thanks for pointing it out.
Anyway, thank you for your thoughts on this. Truthfully, it is making me SICK to my stomache wondering what to do. I guess I will contact an attorney, after I find out if Im getting the other job or not- to see what my rights are..I just hate the thought of going thru that, again. And worse yet, being dissapointed again.
But for now, I cross my fingers and hope for the best...I just always saw this as "my dream job" and as something that would open up the door to other things..will be hard to use this place as a refernce, after all Ive been thru lately..they'll never give me a good one at this point...IM also afraid that anywhere I would attempt to get another job, they will tell them about my MS, they have nothing to lose by doing that- only I do...knowing its illegal, wont stop them.
Hugs
Nikki
Anyway, thank you for your thoughts on this. Truthfully, it is making me SICK to my stomache wondering what to do. I guess I will contact an attorney, after I find out if Im getting the other job or not- to see what my rights are..I just hate the thought of going thru that, again. And worse yet, being dissapointed again.
But for now, I cross my fingers and hope for the best...I just always saw this as "my dream job" and as something that would open up the door to other things..will be hard to use this place as a refernce, after all Ive been thru lately..they'll never give me a good one at this point...IM also afraid that anywhere I would attempt to get another job, they will tell them about my MS, they have nothing to lose by doing that- only I do...knowing its illegal, wont stop them.
Hugs
Nikki
april1848
06-28-2008, 01:22 PM
I know what you mean about being scared about references. Before I left the last job, I asked Evil Jerk straight out if I should use him as a reference, and if he'd give me a good one. I also told him, though I shouldn't have had to, not to tell anyone I had MS--I told him it was illegal. He told me he would give me great references. I think he was just happpy that I was leaving, so it didn't matter to him! Or maybe deep down in his soul, there is a little bit of kindness left.
Fortunately my new job didn't call any of my references. Even though he had assured me that he'd be good, I was still worried!
I'm looking forward to Tuesday!
Fortunately my new job didn't call any of my references. Even though he had assured me that he'd be good, I was still worried!
I'm looking forward to Tuesday!
Canadian gal
06-28-2008, 01:51 PM
Nikki, I can probably find out some suggestions for how to approach this legally, as I am connected to some people who are helpful & experienced in US law. It would mean I would have summarize (generalize) the details of what's happened . . . and it would be public . . . so it's up to you.
Cherie
Cherie
MSNik
06-28-2008, 02:55 PM
Cherie, since you dont have my real name or company I work for- if you think you can get some info based on what you DO know, Im all for it! Thank you for the offer...
Let me know what questions you have for me and Ill try to answer them as best I can.
big hugs
Nikki
Let me know what questions you have for me and Ill try to answer them as best I can.
big hugs
Nikki
Canadian gal
06-28-2008, 04:07 PM
Cherie, since you dont have my real name or company I work for- if you think you can get some info based on what you DO know, Im all for it! Thank you for the offer...
Let me know what questions you have for me and Ill try to answer them as best I can.
big hugs
Nikki
Ok, I advised the shortened version, but think I got the relevant details. I will not post anything here without expressed consent from those anonymous people.
Cherie
Let me know what questions you have for me and Ill try to answer them as best I can.
big hugs
Nikki
Ok, I advised the shortened version, but think I got the relevant details. I will not post anything here without expressed consent from those anonymous people.
Cherie
Canadian gal
06-28-2008, 10:27 PM
You didn't have health insurance/benefits through them, did you?
Did you ever get reimbursed for the $2,000 in testing that was done?
Cherie
Did you ever get reimbursed for the $2,000 in testing that was done?
Cherie
MSNik
06-28-2008, 11:44 PM
Hi, sorry it took so long to get back to you. I was having a much needed "me" day with my family at my nephews graduation party. Ironically, He graduated law school- but I wasnt able to talk to him about this as it was a mob scene and he was the guest of honor...
NO, I didnt have insurance thru them, my husbands job/union covers all my medical needs...and yesterday, I called the Workman's Comp place to see if any of the bills have been paid and they told me no; however they said that its not unusual at this time for them NOT to be YET and to give it another 14 days...at this time, I havent paid anything out of pocket, Ive simply forwarded them all to the workman's comp insurance company along with my claim number...the ball is in their court- should they deny ant of these bills, Im in deep kaka...if they pay them, its over and closed out.
Im not overly concerned YET about that...it seems that they kind of took responsiblity for them, when I started playing ball with them (the workman's comp people) ...its the whole cutting me down in hours, using the MS as an excuse, and mostly the punitive damages which are occuring effective this week (loss of 16 hours a week of pay and the other perks/benefits) including my bonus, which I was being paid out over a year's time. They have taken the remainder of it away, saying that it was only for "fulltime salaried employees".... on top of that, its also my reputation, the possiblity of being hired elsewhere in this field, which will NEVER happen without being able to use this company as a reference...that sort of thing has me minorly hysterical.
anything else I can help you with, please ask..and again, thank YOU for YOUR help.
Nikki
NO, I didnt have insurance thru them, my husbands job/union covers all my medical needs...and yesterday, I called the Workman's Comp place to see if any of the bills have been paid and they told me no; however they said that its not unusual at this time for them NOT to be YET and to give it another 14 days...at this time, I havent paid anything out of pocket, Ive simply forwarded them all to the workman's comp insurance company along with my claim number...the ball is in their court- should they deny ant of these bills, Im in deep kaka...if they pay them, its over and closed out.
Im not overly concerned YET about that...it seems that they kind of took responsiblity for them, when I started playing ball with them (the workman's comp people) ...its the whole cutting me down in hours, using the MS as an excuse, and mostly the punitive damages which are occuring effective this week (loss of 16 hours a week of pay and the other perks/benefits) including my bonus, which I was being paid out over a year's time. They have taken the remainder of it away, saying that it was only for "fulltime salaried employees".... on top of that, its also my reputation, the possiblity of being hired elsewhere in this field, which will NEVER happen without being able to use this company as a reference...that sort of thing has me minorly hysterical.
anything else I can help you with, please ask..and again, thank YOU for YOUR help.
Nikki
Moldova
06-30-2008, 11:14 AM
Nikky,
I read your post in tears; I know that many of us get hurt in same way but I still can't read something like this - hurts too much.
Business is business and they all protect it the best they can; unfortunatelly people don't mean as much anymore, especially if we have health issues...
I always believe that God closes one door and openes another one and very often it works for the best. Based on your ambition and on your strenght i picked up from your posts I am pretty sure you will do just fine.
It will take some time to get over the pain of being treated like this, but it's their lost, not yours: now you know their true colors.
Best of luck to you, sweet heart. Just remember that job is important, financial stability is important but the most important thing is your Health.
Take care,:angel:
M.
I read your post in tears; I know that many of us get hurt in same way but I still can't read something like this - hurts too much.
Business is business and they all protect it the best they can; unfortunatelly people don't mean as much anymore, especially if we have health issues...
I always believe that God closes one door and openes another one and very often it works for the best. Based on your ambition and on your strenght i picked up from your posts I am pretty sure you will do just fine.
It will take some time to get over the pain of being treated like this, but it's their lost, not yours: now you know their true colors.
Best of luck to you, sweet heart. Just remember that job is important, financial stability is important but the most important thing is your Health.
Take care,:angel:
M.
jlbrow7
06-30-2008, 12:55 PM
Nikki,
You are right; your boss is an idiot. When you say - "they feel that Im having a meltdown and that I cant handle a fulltime job." - if that is what they said then you have 'em. The ADA or any other law could care less what they feel or believe; only a fool would fire someone or cut her hours without medical proof to back them up and even then they have discrimination to worry about. Big time.
Sue the bastards.
Of course, you get what you pay for something and this advice is worth exactly that. Please see an employment lawyer.
You are right; your boss is an idiot. When you say - "they feel that Im having a meltdown and that I cant handle a fulltime job." - if that is what they said then you have 'em. The ADA or any other law could care less what they feel or believe; only a fool would fire someone or cut her hours without medical proof to back them up and even then they have discrimination to worry about. Big time.
Sue the bastards.
Of course, you get what you pay for something and this advice is worth exactly that. Please see an employment lawyer.
MSNik
06-30-2008, 02:54 PM
Hi Moldova and JLBrow-
thank you to both of you for your continued support in my crisis! I am strong, Moldova, but you know what? Sometimes, I get tired of being strong and I just want to crash..right now, crashing and burning is getting the best of me. I cant figure out which end is up right now..or how it all came crashing down.
and JL- yup. He did admit that to me. In fact, we had a conversation on the phone today where he told me that he felt that me only working 3 days a week would benefit both of us..me, because obviously I need more rest and him, because he has a business to run- and needs someone he can count on. He also told me that until 2 weeks ago, i had never let him down and he was as dissappointed as I am...I LAUGHED AT HIM. Told him that there is no way Ill be sitting home the other two days a week, that he put me in a position where Im going to have to work 2 jobs to supplement what he is paying me..and then reminded him that you cant do this to someone just because they had one minor meltdown! Heck our dispatcher has issues all the time, he just got a raise, and his issues are simply ersonal, not medical.
Dont really know what to do at this point..cant stomache the thought of more lawywers, the last ones really did me in and got me nowhere...Ill keep you posted though.
Thanks,
Nikki
thank you to both of you for your continued support in my crisis! I am strong, Moldova, but you know what? Sometimes, I get tired of being strong and I just want to crash..right now, crashing and burning is getting the best of me. I cant figure out which end is up right now..or how it all came crashing down.
and JL- yup. He did admit that to me. In fact, we had a conversation on the phone today where he told me that he felt that me only working 3 days a week would benefit both of us..me, because obviously I need more rest and him, because he has a business to run- and needs someone he can count on. He also told me that until 2 weeks ago, i had never let him down and he was as dissappointed as I am...I LAUGHED AT HIM. Told him that there is no way Ill be sitting home the other two days a week, that he put me in a position where Im going to have to work 2 jobs to supplement what he is paying me..and then reminded him that you cant do this to someone just because they had one minor meltdown! Heck our dispatcher has issues all the time, he just got a raise, and his issues are simply ersonal, not medical.
Dont really know what to do at this point..cant stomache the thought of more lawywers, the last ones really did me in and got me nowhere...Ill keep you posted though.
Thanks,
Nikki
MSNik
06-30-2008, 04:10 PM
Just an update for everyone..I spent an hour on the phone with an attorney today. I told him everything, since the car accident thru the latest, being cut in hours..
His repsonse was "you have very little to base a case on as far as liable goes" I would have to prove to a court that my hourly cut was based on them finding out I have MS- and then prove to a court that what happened, me compltely melting down, woulndt happen again and ask to be reinstated fulltime. If that were to happen, I could probably get lost wages out of them for the lost time- but thats about it.
He also said "this might be a blessing in disguise because now I have two days a week to job hunt'. That- I can honestly say might be true.
Im completely speechless and have lost faith in the legal system! I always knew it was flawed, but this is insane! Im depressed again- knowing that my only choice is to leave when I find another job- and hope that its quick in coming!
But thats my update..
Hugs
Nikki
His repsonse was "you have very little to base a case on as far as liable goes" I would have to prove to a court that my hourly cut was based on them finding out I have MS- and then prove to a court that what happened, me compltely melting down, woulndt happen again and ask to be reinstated fulltime. If that were to happen, I could probably get lost wages out of them for the lost time- but thats about it.
He also said "this might be a blessing in disguise because now I have two days a week to job hunt'. That- I can honestly say might be true.
Im completely speechless and have lost faith in the legal system! I always knew it was flawed, but this is insane! Im depressed again- knowing that my only choice is to leave when I find another job- and hope that its quick in coming!
But thats my update..
Hugs
Nikki
Bearygood
06-30-2008, 04:43 PM
Nikki, the NMSS has some info. about this -- I searched for discrimination and it looked like there may be some interesting things, including a video.
MSNik
06-30-2008, 07:11 PM
Thanks Beary- I was actually there, at the NJ chapter today. They are one of my accounts. I spoke to someone at length about all this and she is the one who put me in touch with the attorney who I saw...between the two of them, neither of them is too sure this will hold up in court. Truthfully, im spent. I cant do one more thing right now which takes energy! I cant even think straight...but thank you for taking an interest in this...if nothing else, it was a learning experience.
Nikki
Nikki
jlbrow7
06-30-2008, 11:25 PM
Just an update for everyone..I spent an hour on the phone with an attorney today. I told him everything, since the car accident thru the latest, being cut in hours..
His repsonse was "you have very little to base a case on as far as liable goes" I would have to prove to a court that my hourly cut was based on them finding out I have MS- and then prove to a court that what happened, me compltely melting down, woulndt happen again and ask to be reinstated fulltime. If that were to happen, I could probably get lost wages out of them for the lost time- but thats about it.
He also said "this might be a blessing in disguise because now I have two days a week to job hunt'. That- I can honestly say might be true.
Im completely speechless and have lost faith in the legal system! I always knew it was flawed, but this is insane! Im depressed again- knowing that my only choice is to leave when I find another job- and hope that its quick in coming!
But thats my update..
Hugs
Nikki
Nikki,
Sad but true. Proving liability is far from easy and the nexus between what he thought and did would be tough. And would the damages be enough to warrant your suit?
I know how disappointed you are but this will end up in your court. Your boss does have management concerns but he might begin by being sure he hires the right people and it sounds like he hired a man who has "issues" he'll be having to deal with. Hiring can be an art though; nothing is perfect.
His repsonse was "you have very little to base a case on as far as liable goes" I would have to prove to a court that my hourly cut was based on them finding out I have MS- and then prove to a court that what happened, me compltely melting down, woulndt happen again and ask to be reinstated fulltime. If that were to happen, I could probably get lost wages out of them for the lost time- but thats about it.
He also said "this might be a blessing in disguise because now I have two days a week to job hunt'. That- I can honestly say might be true.
Im completely speechless and have lost faith in the legal system! I always knew it was flawed, but this is insane! Im depressed again- knowing that my only choice is to leave when I find another job- and hope that its quick in coming!
But thats my update..
Hugs
Nikki
Nikki,
Sad but true. Proving liability is far from easy and the nexus between what he thought and did would be tough. And would the damages be enough to warrant your suit?
I know how disappointed you are but this will end up in your court. Your boss does have management concerns but he might begin by being sure he hires the right people and it sounds like he hired a man who has "issues" he'll be having to deal with. Hiring can be an art though; nothing is perfect.
MSNik
07-01-2008, 09:06 AM
Hi JLbrow,
It took me a few minutes to realize what you were saying here. The man, you refer to, with issues- thats the dispatcher I mentioned (I GET IT) delayed reaction on my part, huh?
Yeah,well, based on that, youre completely right. He does have personal issues, however the type of company that we have- its significantly important that someone with his capabilities sits in that chair, and issues or not- theyll let him stay there forevever as long as he is physically there. Truth be told, they would probably let me stay in my job forever too, as long as I dont bring my "issues" into their place. Being that the dispatcher constantly brings his issues into the work place, isnt my concern. I actually feel for the guy- he certainly does have his share of problems. Maybe thats why I liked him, kindred spirits, etc.
as for the legal end, Im glad to hear you agree with the attorney I spoke to. It sounded right, but I still wanted to hear what you would say. I do NOT have the energy to fight this right now, but learned that I have two years to do so. Basically, they think this is boiling down to a retaliation of workman's comp issue, based on the fact that I have an underlying cause for my actions (MS)....had they handled the whole workman's comp thing properly, none of this would have happened. so, well see if I decide to fight this in the future, or kind of like you are thinking: get satisfaction watching the whole thing go down the tubes, meaning the company. Eventually it will- I worked too hard to get him into the position he is in, without me, he doesnt have the time /energy/education or wherewithall to keep the momentum going...should be interesting....
thanks!
Nikki
It took me a few minutes to realize what you were saying here. The man, you refer to, with issues- thats the dispatcher I mentioned (I GET IT) delayed reaction on my part, huh?
Yeah,well, based on that, youre completely right. He does have personal issues, however the type of company that we have- its significantly important that someone with his capabilities sits in that chair, and issues or not- theyll let him stay there forevever as long as he is physically there. Truth be told, they would probably let me stay in my job forever too, as long as I dont bring my "issues" into their place. Being that the dispatcher constantly brings his issues into the work place, isnt my concern. I actually feel for the guy- he certainly does have his share of problems. Maybe thats why I liked him, kindred spirits, etc.
as for the legal end, Im glad to hear you agree with the attorney I spoke to. It sounded right, but I still wanted to hear what you would say. I do NOT have the energy to fight this right now, but learned that I have two years to do so. Basically, they think this is boiling down to a retaliation of workman's comp issue, based on the fact that I have an underlying cause for my actions (MS)....had they handled the whole workman's comp thing properly, none of this would have happened. so, well see if I decide to fight this in the future, or kind of like you are thinking: get satisfaction watching the whole thing go down the tubes, meaning the company. Eventually it will- I worked too hard to get him into the position he is in, without me, he doesnt have the time /energy/education or wherewithall to keep the momentum going...should be interesting....
thanks!
Nikki
Lisa_P
07-03-2008, 09:59 AM
Social Security has a program for the disabled called "Ticket to Work" which is managed by a company called MAXIMUS -- I doubt your current employer is involved with this, but if you need to find other work, they should be able to help??
MSNik
07-03-2008, 10:29 AM
Thanks LIsa, unfortuantely, I dont qualify- Im far from disabled and no one there will help me...I looked into it. But thank you for mentioning it, maybe others can benefit from the information.