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What Are My Rights?

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    What Are My Rights?

    So I got hit with 2 yeses and 2 possibles for MS.


    I suppose I'm still in limbo but not really. Anyways, my work that I started as a receptionist beginning of March, I really didn't know what was up with my health then and didn't think it was too major so I didn't disclose anything to my employer. When more serious things started happening, I disclosed it because I thought it would protect myself.

    Well, it has been a blessing so far. It's a Christian owned company and they retroacted my health insurance in 30 days, gave me a $2 raise after 2 days of work, and the owner told me that they are going to be my family and will support me through this.

    Well, fantastic right? That's what I thought until one of the girls who has been there for a few years told me that the HR manager approached her asking her "Well, what do you think of Jami? The girl was shocked so she said "She's a hard worker, just lovely."

    Then the HR person said "Well, I don't know. She has all these symptoms and I just don't know." It scared me. It absolutely scared me. Both my husband and I have illnesses only mine is not exactly definitely classified as of yet and we need the health insurance!!

    So I wrote a very heart felt letter to the owner just thanking him for the many blessings and wonderful opportunities he has given me and how much I appreciate, etc etc etc. He called me in his office this morning and he was in tears. I gave him a hug thanking him from both my husband and I for what he has done.

    Sounds like everything will be fine right? Well I don't know. I'm scared. The HR lady just doesn't treat me the same now and every time I go to the doctors, she questions me about my progress and comes to my office saying things like "Well, what can we expect with this illness you have?" I looked at her and said assertively, "What exactly do you mean by that?" She became flustered and replied "Well, we just care about you and want to know what to expect."

    Actually, I knew exactly what she was implying. I'm scared you guys. I absolutely NEED my health insurance and afraid that she will do something to have me fired. I'm paranoid. What can I do? What are my rights with a "pending diagnosis"?

    #2
    Document everything. Every time you feel like the HR director asks an inappropriate question write down the day, time, the question, and if anyone else was in the room. She never has to know that you are doing this, and it could come in handy if she gives you any trouble in the future. Also document the good things, particularly the things your boss says and does to support you. My guess is that you have everyone's support except maybe the HR director, but I would cover your bases. Good luck!
    Chomsky Chick
    This floating world is but a phantasm.
    It is a momentary smoke.— Zen monk

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      #3
      HR problems

      As a non-practicing lawyer I would completely agree with the advice you were given by chomskychick - document everything. If it ever gets to the point where you need to take any sort of action (legal or otherwise) you need to know the history of what occurred in the workplace. "Action" could consist of bringing behaviors up to the president of the company, complaints to state or national disability/civil rights organizations or the filing of a lawsuit of some type. The HR better watch her step or she could inadvertently be creating a "hostile environment."

      In the meantime, I am so glad that you seem to have a job with a compassionate employer. I would, however, not make too big a deal out of having a chronic disease such as MS. Avoid drawing attention to it.

      Most employment situations are "at will." This means that the employer can terminate a person for just about any reason except for specific legally protected things such as age, sex, race, national origin, and disability. They can always say your performance was not up to standards and it is difficult (but not impossible) to refute that type of allegation.

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