ANA Discussion Forum
Archive => Archives => Topic started by: Battyp on September 02, 2006, 09:39:04 am
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Ok, I've been on medical leave since my surgery last august 2005. I got an instant message from my boss that HR would be contacting me since I was not released to go back to teaching (never will be) and got a call from the benefits department asking if my long term disability was ok or did I need to have it reinstated. I have not received anything from my insurance, nor from HR. In fact I have no idea if I still have insurance since it's the first of the month. I've been locked out of my work email system completely and when is sent myself an email it came back to me as undelieverable...does it sound like I've been terminated? Wouldn't they need to tell me I've been terminated completely and offered an explanation or the ability to cobra my insurance? The company I work for has done some very questionable things since I was suppose to return to work last january but was not released to come back to my full position. Just wondering if I should be contacting the ADA or someone. It's all I can do not to instant message my boss who's online right now and say...."Have I been let go? Where's my final paycheck, my cobra and my 401K? Trying to behave really I am LOL We all know I've been diagnosed with impulsivity! LOL Just thought I'd ask some opinions. Thanks for listening!
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Hey BP,
Locking you out of the email could just be a security measure since you have been gone for so long. When I was a Network Administrator we had a six month policy, unless we were told otherwise. Also, if someone would go on sabbatical I would lock their email until they returned. It keeps spammers from accessing through an inactive account. However, having said all that, I would definitely contact my boss and find out what is going on. Especially, since your insurance is involved in this whole mess. I've been on the other side of the coin (as a boss) also and when I wasn't kept informed by the employee as to the situation I would sometimes make assumptions that were not valid.
So my dear wench.....that would be what this deck swabber would do, I would certainly get a hold of the boss, supervisor, etc., or HR and find out what your status be...then if need be, Attorneys could follow.
Good Luck
RTD
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Thanks Dale, I could sign in to my email just a week ago then it said invalid, but I could still log into the company web page..now nothing and no notice from anyone. I sent my boss my drs note and a letter stating I was to be reeval in december but have heard nothing other than the instant message, "HR will contact you" No one has contacted me from HR. I have no desire to talk to my boss..long story there, she's been so hateful through this whole experience. I'm just concerned about my health benefits..dont' they have to offer me cobra?
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Well, BP, you KNOW my policy! Don't take no crap and do it in a gracious and lady-like manner!
Capt Deb 8)
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Me not be lady like?? Does that mean I can't scratch in my manly places? ;D :-* I've actually been laying very low to see try to figure out what is going on since no one from my company has said anything. Seems to me they'd have to tell me they are terminating my employment and why and offer me cobra (not that I can afford it but still it's the principal of the thing!)
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Battygirl,
I would definitely seek some answers from HR or your boss. Unless, you have been notified in writing (or otherwise) I would think you have not been terminated. Hope you find some answers.
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BattyP - I do believe that if your employment was terminated, then you should have been notified by letter. Either a verbal and a letter or just a letter. I know your boss has been doing some screwy things in the past few months, but I would think she would want to cover her butt and put everything in writing. I would definetly call HR on tuesday.
I want a pink bow on my head >:(
hugs,
Cheryl
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Geez Batty, that really sips! If there is a need for you to access your email, and you can't, you have a legitimate gripe with the sob's. If not, like Dale said, maybe they just terminated the email cuz you don't need it right now ??? I would, however, contact your insurance company (that is your insurance coverage with your employer) yourself and ask them if the policy is still in effect, if not, then it's time to take care of biz! Like the Capt said, don't take no crap and do it in a ladylike manner. At that point, it might not be a bad idea to also contact ADA. I sure hope you can get this all worked out, and if there's anything I can ever do for ya, just give me a holler!
~K
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thanks guys!
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BP...I would believe that they have to offer you a cobra if you've actually been terminated. They can't just cut you loose, without the offer...the state folks and federal get really upset when someone is terminated without the proper paperwork being done. I know, been there, and done that, and don't want it to happen again!
Talk with HR....skip the hostile boss!
RTD
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HR hasn't been much better...when I first called them back in Jan after my boss told me through an email that I was not allowed to have an annual raise because I was disabled they did nothing to help me..someone mysteriously removed that email from my email box too! Hmmmmm
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Hi BattyP,
Do you have any friends that worked with you that might be able to give you some inside information without getting into trouble? It's worth a try. Hope this is some big mistake, and that somehow things will work out. Keep a postive attitude, we have survived brain surgery, we can handle just about anything! Ann
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BattyPrincess,
How many people work for the company? If it is over 50 then you are okay. They have to send you the Cobra information, they have to let you know, either in person or by mail that you have been terminated and they have three days to give you your final pay. You can contact the EEOC if they have not complied. You can also contact the Labor Department in your State or the Federal one. If you work for a company of under 50 employees, they get to play by different rules. I hope this helps some.
Hugs,
BrendaO
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thanks brendalu....they are a nationwide company..ever heard of the name sylvan? LOL They are a sister company under the same company umbrella. I've heard nothing from anyone.
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Strange isnt it ? - the rules are SO different in the two "western" style democracies
What I have seen so far would amount to "constructive dismissal"
a court here would award you a years money and make it plain to the firm
that next time it would REALLY hurt them
Yet relative to europe we are virtually free of labour regulation....
In the case of my own firm, the only way out for them (and me)
was for them to agree to make me redundant (and pay severance)
or they could not employ a replacement
I hadent attended the office in 12mths
and they had to pay $7,000 bucks in case I might want to
(even though I didnt/couldnt/never wanted to see the ugly mug again etc)
The parent company was Taiwanese/chinese
so I expect that one went down like a lead balloon...
As an aside, I am sure you have a quite active "disability"
political pressure group - they quite like hard luck stories
to beat up ..congress..the press..or anyone else in their sights
If it comes to playing dirty you may have more allies
than you think...
Best Regards
Tony
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Hi-
I would just call HR tomorrow and ask them if your status has changed. After you get that answer then and only then can you plan your next steps. FMLA (family medical leave act) protects your actual job for 12 week, then they must offer you a similar job if available at the time you return, I don't believe there is a guarantee of employment at that time under the law, but I am not sure. All of this is contingent on the statement, "if this does not impose significant financial hardship for the company". Also they do have to offer you cobra, however that correspondence will not come directly from your employer, it will come from another company hired to handle the cobra benefits and this can take several weeks. Anyway I think you may be getting ahead of yourself and need to just contact HR tomorrow and ask specific questions: What is my current status? Have I been terminated? and go from there. Unfortunately this process does not always work quickly and you may have been tipped of early by your boss.
Best of luck!
Cheryl V.
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BP, Keep us posted on what you find out. I wouldn't think they could get away with it in this manner.
Patti UT
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I know after the 12 weeks they don't have to have the same position for me to come back to and it's been longer than the twelve weeks. I returned for 10 hours a week the school year ended and what they offered me to come back to the doctor said no and put me back on leave. So juts unsure of my status and my rights. Seems to me if they terminated me they would at least have to send me a letter and offer me cobra.
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cobra at a minimum, and if they let you go, I would think it would quailify you for unemployment or perhaps, it they state they let you go due to your medical difficulties, disability benifits. I have been reading they are hard to come by, I have considered looking into disability. I keep trying to find something else I can do from home.
Good Luck
Patti UT
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Batty,
Be sure to check out their Long Term Leave policies. It may be called someting slightly different( Long Term Medical Leave?), it varies by employer.
Regards,
Rob
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I'm on long term leave provided for by the company as a benefit. They are continuing to pay my benefits and will until nov of 07. I'm trying to get on ssd but we all know how that process is :o( I'm also looking at what I can do from home since neither option is enough money to survive and stay in my house. Save your cardboard boxes I might need em'! ;D
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BP,
I'm keepin you in my prayers. I think you have a handle on what is going on with your company. I would definately forwarded copies of anything they send you to SSD. Or your attorney for SSD if you have one. They update the cases constantly. A friend of mine was in the same part of the process as I am in..denied, then reconsideration..denied..first appeal...wait. She got approved before her hearing. She sent them a copy of every time she went to the doctor and all her meds every time they changed. My doctor put me on 750 mg Depakote ER yesterday. Up from 500. My friend says that is what changed everything for her and I didn't ask for it. Don't think it helps yet but we will find out soon. Prayers and hugs, BrendaO