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Old 01-12-2005, 07:55 PM   #1
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LaurieCrochets HB User
On short term, ready to go to Long term, and the company is going to fire me

Can you believe this? I am on short term disability thru work, it will go over to long term in February, and the company is trying to fire me. I have a very serious disease that is autoimmune related. This is beyond my control. Can they really do this??
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Laurie here!!

 
Old 01-12-2005, 11:38 PM   #2
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bbybyrd HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

Before I got on disability I was on short term through my job and they told me that if I didn't come back to work on a certain date that I was fired. Apparently it's the norm with some companies.

 
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Old 01-13-2005, 03:40 AM   #3
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LaurieCrochets HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

I never got a warning date. It just seems so unethical.
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Laurie here!!

 
Old 01-13-2005, 05:08 AM   #4
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kaybee HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

All that information is covered in your employee policy manual and you should be able to receive a copy on request.

In our case, my husband's company gave him 6 months but couldn't promise that he'd be able to return to his previous job after several weeks. Now that I think of it, they never offered him a sedentary position before termination although they may not have been obligated to. Unless there is a miracle out there, he won't ever be able to work again so I guess it doesn't matter.

 
Old 01-13-2005, 11:10 AM   #5
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Purplebill HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

In order to adequate answer you questions, you need to consult with an attorney who specializes in ERISSA or employment issues. You can check with your state bar for appropriate referrals and many states have Modest Means panels for those with "modest incomes". Our state has an charge of $35.00 for the initial consultation. If ongoing services are necessary they are offered at a substantially reduced rate, i.e. $60.00 per hour.

 
Old 01-24-2005, 07:58 PM   #6
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MomwithMS HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

I'm in a similar situation.

I am now on long term disability through my employer (the state government). I was given a deadline to return to work, or I would be fired. I requested an extension of "leave" based under the Americans with disabilities Act. My "leave" was approved through April 2005.

it's awful! But you can request additional time off for treatment of an illness under the Americans with Disabilities Act. I did, and it was granted.

 
Old 01-30-2005, 03:23 AM   #7
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Soniarose59 HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

MomwithMs,
I am in the same situation with my job. I went out of work on 9/2/04 and am now into long term disability. My Dr has my FMLA through 5/2/05 as I am trying to get disability. He will extend it at that date. My company states that I can be on long term for 2 years. Is this how it is for you and are you filing FMLA papers?

 
Old 01-30-2005, 10:47 AM   #8
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misery HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

I just had to throw my 2 cents in.My company also fired me and tried to get me to sign a paper stating that I left on my owne,they also tried to scare me into sighnimg this by saying thatIt would look better for me because they would be able to give me a better referance when and if I was able to go back to work.I told her flat out that I would not sign and that I would be happy to tell any place I interveiwed that they were not willing to heal from my surgery( of course this was when I thought I'd be able to return to work) so I was fired. I called a lawyer that day,he said that the can not legally fire any person on disability!!!!The next morning I got a call saying"good news we are not letting you go after all!" so check into your state laws and cotact a lawyer,most cosultations are free I hope this helped!
Misery

 
Old 01-30-2005, 12:26 PM   #9
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CancerDad HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

It depends on whether your company used your FMLA in your Short-term. Same thing happened to me. I contacted a lawyer who specializes in employment law, and I was told that because they exhausted my FMLA, unfortunately, I had no recourse. I still am on LTD and still don't believe that attorney. It just seems so wrong!! I also had to pick up my medical benefits thru Cobra. They didn't even have the decency to keep up my health! Good Luck!
CancerDad

 
Old 02-24-2005, 08:05 AM   #10
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carol_86 HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

I was also "let go" after my short term ran out. I was given a date to reurn, and the dr. would not release me, so they were not legally obligated to hold my position open. I am in Nashville. I guess it varies from state to state. I am on LTD and having to pay COBRA premiums of $460. per month. Makes a lot of sense, huh?

 
Old 02-24-2005, 08:28 PM   #11
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phobic HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

This is all very familiar. I was given a date to be back to work, but dr denied it. I have gad, depression, and panic attacks and agoraphobia (also i believe meniers disease, but no one can seem to find why i spin, and puke) Im still waiting hopfully for disability to be approved, and am paying 350.00 a month in cobra also.

 
Old 02-25-2005, 08:23 AM   #12
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carol_86 HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

Have you seen an ENT? He can run tests to confirm the Meniere's. They are not fun, but at least they can confirm the diagnosis.

 
Old 02-25-2005, 10:55 AM   #13
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phobic HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

thanks, and im not sure what ttests i had run, but i had to lay on each side while they had noises in my ears. I didnt have to respond to them, just lay there. Would that be the test?? Thanks again, good luck to you

 
Old 02-28-2005, 10:46 AM   #14
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carol_86 HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

No, there are extensive tests, where they lay you on a table, run cold and hot air in your ears, and cold and hot water in your ears, then you have to sit up quickly and read numbers, letters, etc on the wall. What they are doing is actually testing your rapid eye movements. Find a good ENT, and I am sure he will run all necessary testing on you. A quick test will not be enough.

 
Old 03-02-2005, 09:35 AM   #15
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katkat HB User
Re: On short term, ready to go to Long term, and the company is going to fire me

Laurie call the state labor board, it is illegal to fire you if you are on sick leave with a doctors slip due to disability I am sure of it. The labor board will answer your questions.
good luck

 
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