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    Problems with Employer, harrassment, discrimination, etc

    Hey all,

    I'm battling a living hell at work. I have been basically pushed back and forth with co-workers, managers, etc.

    I was dx in Dec 2011, and really feel that the job has helped with the stress, etc. We had a crazy employee, that made the work environment horrible, and ultimately had to be transferred due to a code of conduct. I have everything noted, jotted down, of what this person did. To patronizing comments, physical abuse with other employees, and all around jerk. That's the first part, kind of happened in 2009-2010.

    Now, this is where it gets interesting. Ever since I kind of told my co-worker of my diagnosis, things have gotten unbearable- feeling like constructive dismissal. I am in financial services, and at one point was doing all operations, meeting with clients, etc. Once this banker was transferred, two new ones came in. I have been kept out of the loop with any clients, was never introduced, have no interaction with these people, and am basically ignored. In addition, I was scolded for verbally telling people to call our hurricane hotline for emergency funds, b/c these people got jealous, and was asked why I had to have a big mouth. See, its more psychological abuse than anything.

    A few weeks ago, I wore a derby hat (bowler), and my wife put some tape on the sides. Now, I just got a call from HR saying that I wore a religiously offensive hat, and that I said my name was Rabbi "#(*$R, and that I would do a circumcision. I never said that stuff, and I just got a second call from HR today, to go over the story again, and felt like I was being pushed to a wall with this situation. It's like I was put in fight or flight mode, many times. For about 6 months, these bankers have kept all business to themselves, with any service. I used to keep a client list on my computer, to update with any new clients, but it seems these people are doing their own thing. I'm never even given a chance now to pick my days off, ask for a weekend off, etc. No more personal time.

    Two weeks ago, I was asked to make phone calls to set up appointments. I was so micromanaged by these two people. They kep asking me question after question, "oh how are you going to do that, and we can see it". Every response I had wasn't sufficient, and it really seemed like they were trying to get me soooo pissed. Total micro manage.

    Please, anyone out there, let me know if I have a possible suit. I am not scared at all of the repurcusions, but feel I have a strong case against this company, and how it could have possibly attributed to my early diagnosis, given the work environment. Please, help me, I need some strategic guidance here. This aint fair. It's getting to be a daily battle, with each day getting harder.
    New study on vaping
    http://www.ncbi.nlm.nih.gov/pubmed/23237736
    *****BEST INFO BELOW*******
    http://pharmrev.aspetjournals.org/content/58/3/389.full
    http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

    #2
    pnowsitall, I'm sorry to hear about your problems at work. Illness and workplace problems often go hand in hand.

    If you plan to seek legal representation, you will need documentation that support your alegations before an attorney will consider representing you.

    Assemble as much documentation as you have available that supports and reflects 'Employer harrassment, discrimination, etc'.

    Documentation can include written/electronic memo's, notations on a legal pad, etc., your desk calander for dates and times noted that will support your case.

    Be respectful and professional with those you interact with in the workplace. If you tend to be impulsive when dealing with co-workers, think before replying with your initial impulse, as you know things you say can often be misunderstood.

    You should consider communicating with others in the workplace in writting, document conversations via written confirmations to individuals involved, including written request for clarification for any questions you have regarding assignments, etc.

    If at any time you feel termination is imminent, submit a written request for medical LOA and FMLA application before meeting with supervisor or HR. This is key to invoking your right to employment protection based on medical necessity with active employment status. Former employee status does not entitle you to FMLA leave.

    Keep in mind, if you find it necessary to apply for FMLA, your Neuro's support for medical leave will be necessary.

    If there is a pending meeting with HR that raises your suspission, request forms for FMLA Medical LOA in writting before meetings commence. The FMLA request alone will invoke employment protection, possibly halt pending termination.

    Once employment is terminated and your employment status changes to 'former employee', in most cases you have already lost legal employment protection.

    Best of luck.

    Comment


      #3
      Anyone out there?

      anyone that may know about this kind of stuff?
      New study on vaping
      http://www.ncbi.nlm.nih.gov/pubmed/23237736
      *****BEST INFO BELOW*******
      http://pharmrev.aspetjournals.org/content/58/3/389.full
      http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

      Comment


        #4
        Maybe our posts over lapped? Hope you find something I posted helpful.

        Best of luck to you.

        Comment


          #5
          hey 1963

          Well, here is the situation. I do have FMLA right now approved, and already took two months off this year, due to some flare ups.

          I put on a cap that might have been offensive to a race.

          I was called already twice by HR, asking details, saying that my story doesn't stick with others' in the office. Can you believe that? Say it was a week after halloween, what the?

          Guess you can't trust anyone, but that's what's going on. Someone at HR even said, that I'm not really telling her everything b/c I'm scared. It's getting to that point, and at the same time can you believe that I'm in the interview process internally???

          So, at the last stage with that, while getting calls about this. Don't know what else to say, but don't think they would do that to me. Not after so much time, if it was a joke, and about something so petty.
          New study on vaping
          http://www.ncbi.nlm.nih.gov/pubmed/23237736
          *****BEST INFO BELOW*******
          http://pharmrev.aspetjournals.org/content/58/3/389.full
          http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

          Comment


            #6
            Documentation

            I have detailed notes all typed from 2009.

            Added all the stuff that has happened to date this year, so I know what info I have.

            What else can I do to defend against this?

            There's something in me that tells me watch out...after diagnosis, didn't tell anyone, and getting this kind of treatment.

            It's hard, but I alienate myself sometimes from people at work, and found this to be pretty consistent. I know its a side effect to the disease, b/c I've never been this way.
            New study on vaping
            http://www.ncbi.nlm.nih.gov/pubmed/23237736
            *****BEST INFO BELOW*******
            http://pharmrev.aspetjournals.org/content/58/3/389.full
            http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

            Comment


              #7
              Believe me, I understand. The personality and behavioral changes that resulted from my MS emotional and cognitive deficits were shocking when I was initially experiencing all those changes.

              If you have your documentation in order, comprehensive and orderly based on info you provided, sounds like you need a attorney.

              Contact your local chapter of NMSS for a referral list of attorneys. Their attorney list should include ADA and benefit specialist.

              I've found most 'Employment' attorneys listed in phone books are typically on retainer representing Employers versus employees, unless otherwise noted.

              You might also consider look into EEOC regs. If your 'case' involves EEOC violations, they will represent you in addition to recovering compensation for you; particularly if your employer is aware of your MS and has singled you out in any way, or for instance, if there is evidence of employer retaliation.

              The only problem with EEOC is due to the fragile economic recovery, they are low profile, less agressive than during more robust economy.

              Best of luck to you.

              Comment


                #8
                MSW1963

                Any other possible ideas with my addt'l info?

                When anyone gets a chance.
                New study on vaping
                http://www.ncbi.nlm.nih.gov/pubmed/23237736
                *****BEST INFO BELOW*******
                http://pharmrev.aspetjournals.org/content/58/3/389.full
                http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

                Comment


                  #9
                  Thank you

                  MSW, thank you so much.

                  Calling on any other friends out there....please any and all help in this matter is greatly appreciated.

                  I don't want to be bullied, and taking advantage of, for having this disease at work.
                  New study on vaping
                  http://www.ncbi.nlm.nih.gov/pubmed/23237736
                  *****BEST INFO BELOW*******
                  http://pharmrev.aspetjournals.org/content/58/3/389.full
                  http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

                  Comment


                    #10
                    suit

                    Well, so does it sound like I have a legitamite case?

                    I'm tired of this company, and want compensation for the hurt I had to go through.

                    What are the chances you think?
                    New study on vaping
                    http://www.ncbi.nlm.nih.gov/pubmed/23237736
                    *****BEST INFO BELOW*******
                    http://pharmrev.aspetjournals.org/content/58/3/389.full
                    http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

                    Comment


                      #11
                      Hello Hello??? Anyone

                      Why are there so many views, but no one has time to reply?

                      This site is getting to be too beneficial, if people are not able to respond, but are able to view other people's life stories.

                      Wow, getting a bit discouraged with people here.
                      New study on vaping
                      http://www.ncbi.nlm.nih.gov/pubmed/23237736
                      *****BEST INFO BELOW*******
                      http://pharmrev.aspetjournals.org/content/58/3/389.full
                      http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

                      Comment


                        #12
                        I wish I could help you, but I was on the other end of the work spectrum. Where I was they bent over backwards to accommodate me. I am terribly sorry for your struggles and I hope everything resolves itself.
                        hunterd/HuntOP/Dave
                        volunteer
                        MS World
                        hunterd@msworld.org
                        PPMS DX 2001

                        "ADAPT AND OVERCOME" - MY COUSIN

                        Comment


                          #13
                          Heeeeloooooo

                          ANYoooonnnne


                          HEEEEEELLLLLOOOOOOOOOO??

                          I guess everyone is having no issues at work?
                          New study on vaping
                          http://www.ncbi.nlm.nih.gov/pubmed/23237736
                          *****BEST INFO BELOW*******
                          http://pharmrev.aspetjournals.org/content/58/3/389.full
                          http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

                          Comment


                            #14
                            pnowsitall, I'm sorry for your MS and your employment problems. However, this site is dedicated to other sick people with employment problems like you. It's not a site dedicated to providing legal services. We all help each other, but we are not attorneys or trained in the areas in which you need professional help.

                            If you have not already done so, contact NMSS, EEOC, or legal services in your area. You do need to do your part, because the attorneys are not lining up at your door or at this site to help. They want to be paid for their services, just like you. This type of litigation is not the most profitable so finding representation will be a challenge.

                            Best of luck to you.

                            Comment


                              #15
                              Thanks MSW1963.

                              I understand, but was hoping that people with experience in this field would have some personal experiences or something like that.

                              Its a sensitive subject, but this kind of subject would help us in the future, as I think we are often discriminated against.

                              Thanks for the tips on who to contact again. Looks like I will be definitely reaching out to them. And....it shouldn't be a low profit area of litigation!!!
                              New study on vaping
                              http://www.ncbi.nlm.nih.gov/pubmed/23237736
                              *****BEST INFO BELOW*******
                              http://pharmrev.aspetjournals.org/content/58/3/389.full
                              http://ripatients.org/cms/uploads/File/MS/Clark_2004_MSandCannabis.pdf

                              Comment

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