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Any recommendations on how to handle this?

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    Any recommendations on how to handle this?

    I was diagnosed in late June of 2011. I foolishly alerted my boss to my diagnosis immediately, as I needed an excuse for what I felt was going to be a lengthy absence (2.5 weeks, when all was said and done).

    Boss and superviser told me not to inform HR of my absence, nor my condition.

    Anyways, since then, my workload has diminished greatly and what little work I do get, I wouldn't classify as anything more than "busy-work". Counts for nothing when semi-annual and the big annual review comes around. I must have looked absolutely worthless on my recent annual review; in comparision to colleagues'.

    I fear that the end is near and by following instructions and not approaching HR, I may have left myself defenseless.

    I want to approach my boss and insist that I receive more/quality work. But would this be wasting time? Should I go straight to HR, inform them of my condition and the way I am being treated?

    Or are my fears not warannted and I'm just being paranoid?

    P.S. I have requested forms for FMLA from HR, but never filled them out or turned them in.
    Diagnosed 06/20/2011

    #2
    jburkart, I can't imagine what your boss/supervisor were thinking by discouraging you from disclosing to HR. Speculating at the possibilities, they were protecting your interest based on possible HR policies or practices; or protecting their own interest, but not necesserily putting your interest at risk. I don't know how not disclosing to HR would harm you and/or benefited your boss and supervisor. I'm not not saying there couldn't be a sinister motive; I just can't think of what it might be, if there is motivation to undermine your job security.

    If your job is secure with your supervisor/boss, job security could come to an end if you 'out' their efforts to withhold your dx from HR. They feel betrayed.

    Have you requested more work or discussed the situation with them from your perspective? Increased stress could lead to less than desirable outcome for both work and health.

    If you feel your job security is threatened, and job security is at imminent risk, consult with your doc about supporting your FMLA leave request. Your contact with your employer should be in writting and documented for future reference if you should ever need it.

    Let us know how you make out. Good luck to you and take care.

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      #3
      To be honest, I don't have the best relationship with either. It is my belief that they told me not to inform HR - under the guise that it would cost me all of my remaining vacation - so that they could fire me down the road without my medical problems being on record and standing in the way.

      I'd like to think that they were being genuinely compassionate and supportive, but their recent behavior since then (such as publicly magnifying and berating/mocking my now rather persistent ST memory, speech and cognitive issues), all but proves otherwise. I've been coming in early, and staying later hoping to compensate, but I think that the lack of work is the writing on the wall.

      I thought about going to my neuro and gaining his support for FMLA, though I'm worried about what his recommendation for treatment will be. I've been fighting off DMDs since D/X, as my choice has been to try and battle this naturally until at least my next MRI proves that I don't have a choice. I guess that there's only one way to find out.

      Thanks for the advice.
      Diagnosed 06/20/2011

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        #4
        Your boss may be trying to help you?

        HR departments work for your employer and have their interests in mind.

        I would not tell HR unless you are prepared to file for disability or ask for work modifications.
        Consulting legal advise outside of work first may be a good idea.

        Be sure to look out for #1 first. I have serious doubts your HR department will have your interests in mind.
        They may try to push you out.

        Hammering out extra hours may not be helping you. The extra fatigue could make your symptoms worse and lower your quality of work?

        Document everything you can about work, good and bad. Documentation will help you if things get ugly.

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          #5
          No one is suggesting that in most circumstances involving illness, the EE/ER relationship becomes an adversarial one.

          Bosses, supervisors, sometimes even managers are on friendly terms with subordinates. Very close bonds may develope over years, or may pre-date a work relationship. In those types of work relationships employees on friendly terms will more likely be supported by a boss, the support sometimes extending to HR.

          If you are sick, the chances of experiencing employment problems increase exponentially. And that is usually true for bosses, supervisors and managers.

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            #6
            I was also just diagnosed in June 2011

            I was also just diagnosed in June 2011. My work had already been suffering due to months of fatigue and other symptoms. The HR dept urged me to go on medical leave to get better because my manager was ready to let me go. In my first month of medical leave I was diagnosed with MS. I informed my manager and HR of my diagnosis and when my medical leave was done I was told I no longer had a job. I'm not sure what I could of done differently but if you think you have a future at your company and can salvage the situation it's worth a try. I'm collecting unemployment and going to job interviews while in the midst of a MS attack...I hope you do not end up in the same situation.

            Comment


              #7
              Did you apply for STD/LTD Benefits

              Jcseavey, some states have Right to Work employment laws. Right to Work is the anthesis of how the law actually works.

              Right to Work allows employers to terminate employment without 'cause'; in other words justification for termination is not required by the employer.

              Did you apply for STD/LTD Benefits, if available and you were eligible?

              Have you consulted with an attorney about your FMLA rights or that the employer didn't violate employment laws in place to protect employees, particularly those with illness?

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                #8
                Msw1963, thank you.... yes I used up short and long term medical leave (6 mths) then I was terminated. I had purchased disability insurance through my employer however they found a "preexisting condition" loophole to deny my claim. I was told by a lawyer friend of my dad that they didn't break any laws they came "very close to the line without crossing it". Right now I'm just trying to put all my efforts into feeling better so I can find and start a new job .

                Comment


                  #9
                  I'm glad to hear the lawyer family friend looked into it for you. Wish the news had been better. I was not dx and the pre-ex applied to me too. There have been a few MS cases with pre-ex exclusions litigated, the denial was reversed based on pre-ex wording in the policy.

                  But a 4yo abnormal MRI considered non-specific for a dx could result in denial of a policy for coverage, or grounds for pre-ex exclusion for a clain.

                  Rest as much as possible. If you are young and can rest 24/7 do it because it may improve the possibility for recovery. It won't be a quick recovery, so slow down, relax, rest and get better.

                  Comment


                    #10
                    Originally posted by Jcseavey View Post
                    I was told by a lawyer friend of my dad that they didn't break any laws they came "very close to the line without crossing it".
                    Please consider hiring a real shark of a lawyer that only handles this type of case.
                    They may take it on without any up front cost. (they only get paid if they can win your case.)

                    These laws are very tricky and vary from state to state.
                    The insurance company has some vicious lawyers on staff that have one goal; deny claims.

                    Try to hire a shark that loves to tear their case to shreds.
                    If you did not have a Dx at the time you were hired, the right lawyer can probably get you paid.
                    It will take years but I think it would foolish to not try.

                    Good luck and seek out any local assistance you can while you wait.
                    Don't forget to apply for SSDI.
                    (it will also be an unpleasant experiance and you will probably be denied at least 2 or 3 times but if you have been paying in they will probably pay out eventually.)

                    It really sucks to have to deal with this while you are sick but it has to be done. Insurance companies tend to be tricky and heartless. You need a cold blooded heartless lawer to match them if you want to win. (probably not a friend of the family?)
                    Don't let them off so easy.

                    The insurance company is counting on you being too tired to fight. So hire a madd-dog to fight for you.

                    Best wishes. This system sucks but you can work with it. (I speak from experiance.)

                    Comment


                      #11
                      Jcseavey, tommylee & jburkart

                      tommylee, excellent advice. I couldn't agree more.

                      LTD plans are often ERISA protected plans, the amounts recovered are capped to protect solvency of the plan. It may still be satisfactory amount for the claimant, but not large enough financial inducement for lawyers.

                      The link below provides through overview of the current state of litigation, and supreme court decisions. It is addressed to physicians, about the history of denied group LTD claims.

                      http://www.physiciansnews.com/law/1103.html

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                        #12
                        Thanks for the replies folks

                        just got my annual review from my manager this afternoon, and it was positive. I need to chill out.
                        Diagnosed 06/20/2011

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                          #13
                          jburkart, great news and congrats.

                          Comment


                            #14
                            Originally posted by jburkart View Post
                            Thanks for the replies folks

                            just got my annual review from my manager this afternoon, and it was positive. I need to chill out.
                            Thats Great! Please keep a copy of it yourself. It is a good idea to have your own copies if your HR department tries to push you out or push you too far.
                            Your boss sounds like a nice person.

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