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    2 cents, 4 bits? heck- tell me where to go?

    This post is from someone who wishes to remain anonymous, but nevertheless needs help. Can someone please help?

    "OK, so I am very confused and not really sure where to turn. I will keep this as brief as possible.

    Dx'd in early 2009. Informed employer in 2009 of new medical status.

    2012 - One Friday, I was on a 200-mile work trip (400 miles rt). I was doing physical work loading a truck outside (100+ temps, 90+ humidity) and started overheating. On the return drive home got seriously ill getting home about 7 pm (left at 6 am).

    I got home, drank a ton of water and slept. Saturday did nothing. Sunday ending up in the ER full blown flare up, IVSM and the works. Released a few days later and follow up appointment with neurologist put me on STD.

    STD eventually led to LTD and not expected to make it back. The disability company never treated this as an on the job injury nor did anyone else. An injury report was never done even though I informed my employer before Sunday after return.

    My company is now firing me (retroactive to the LTD date) and wants me to sign a severance agreement waiving all rights EEOC/ADA/FMLA/ABC/Etc.


    I don't know what if any clam I have against my employer. I don't know if this is a personal injury claim, workers comp claim, ada claim, etc.

    I talked to two attorneys and both of them gave information it was not within their specialty (workplace injuries and workers comp attys).

    This Monday I am meeting with them to discuss severance and not sure what, if any, leverage I may have. Any advice would be greatly appreciated."
    1st sx '89 Dx '99 w/RRMS - SP since 2010
    Administrator Message Boards/Moderator

    #2
    I would refuse ask my doctor to keep me on LTD.
    As far as signing the severance package, DON'T sign it until you get more information about whether or not it is the right thing to do.
    How old are you? If you quit or sign the paper, it is difficult to get treated and have insurance.
    Make sure to find an attorney or talk to someone that knows what to do.

    I hope someone that has had your experience will respond soon. Have you though to check in with the National MS Society?

    Good Luck.
    I only work part time, so I have to rely on my DH's insurance.

    Comment


      #3
      My guess is they aren't able to fire you or force you to resign but I also don't think they have any liability for your flare.

      The job didn't injure you, MS did.
      He is your friend, your partner, your defender, your dog. You are his life, his love, his leader. He will be yours, faithful and true to the last beat of his heart. You owe it to him to be worthy of such devotion.
      Anonymous

      Comment


        #4
        DON'T SIGN ANYTHING! Stall them stall them stall them until after you talk to the right kind of lawyer. It sounds like your company is trying to get you to waive the rights that might protect you if you want to sue them for wrongful termination. You might not be able to stop them from firing you but at least you'll still have your rights to fight with.

        I agree with the other person who said that your job didn't injure you, MS did. Maybe there wasn't an injury report filed because MS isn't an injury?

        So it sounds like your looking in the wrong place if you think you have some kind of personal or work injury case and that's why the workplace injury and workers comp lawyers you talked to couldn't help you. What I don't understand is why they didn't tell you what kind of case you have and tell you what kind of lawyer to see.

        So it sounds like you should talk to an employee rights/EEOC/ADA lawyer. If you never signed up for FMLA you can't make a claim under it. And your doctor can't "keep" you on LTD if your company fires you and cancels your LTD insurance because you won't have any LTD to be kept on.

        So maybe you should cancel your Monday meeting and go see and employee rights/EEOC/ADA lawyer instead and don't talk to your employer again until after that. I don't know that much about employee rights but I'm not sure that you have any kind of a claim against your company until they fire you. If you don't waive your rights then you could sue them for wrongful firing. That's why you need a good lawyer.

        If you get good advice from the employee rights lawyer you might be able to call their bluff and prevent them from firing you. THEN you might be able to stay on LTD or you might have some leverage in getting job accommodations if you can go back to work. Then you can apply for FMLA and maybe get some job protection.

        But DON'T SIGN ANYTHING and go talk to an employee rights attorney instead. Good luck!

        Comment


          #5
          EEOC and DOL are two govertment agencies with the resourses to sort through WC, employment law and the facts of your case to make a determination regarding your company's liability, if any, and possible W. Comp eligibility.

          I'm not sure what will be gain if your claim is eligible for WC. I'm not sure you will be entitled to LTD, SSDI and compensation under WC. EEOC claims and possible monitary award/settelement would be seperate from WC, LTD and SSDI.

          As other's have said, Don't sign anything until you consult with a qualified WC attorney, EEOC and DOL. Severence pay packages are typically used to negotiate with employees to avoid litigation against the employer. Severence is held 'ransom' until you sign the waiver. Avoiding possible 'bad press' is worth the settelement for most employers.

          Also contact your local chapter of the NMSS for their list of referrals for WC, ADA and employment law attorneys.

          Comment


            #6
            "Informed employer in 2009 of new medical status."
            Without know exactly what this statement means, it's hard to say if it could favorably impact a WC claim


            When you informed your employer of your new medical status, did it include reduced work duties or any minor limitations on physical labor or other similar minor or major restrictions on the physical labor involved in performance of your job, or did you just disclose you MS dx medical status?

            Comment


              #7
              Thank you for the responses

              I am going to try to answer all the questions asked:

              I am 44 years old. My medical insurance comes from my spouse. No claim for FMLA or WC was ever filed.

              I have been approved for LTD for 24 months. After 2 years, an evaluation will be conducted to determine what, if any, changes will be made. This policy is already in effect and is not dependent upon my status with the company. Part of the agreement also requires me to apply for SSDI.


              When I notified my employer of my medical status a few considerations were made. My immediate supervisor agreed:
              - my hours should be capped at 40 hours(verbal not in writing, but the supervisor will attest to this in court)
              - my hours would be modified to allow me to work during cooler hours of the day
              - a room with a separate air conditioner was made available so I could work in cooler conditions
              - I was also allowed to work from home on specific days

              A different superior was hired that did not want to follow the terms agreed upon. I talked to my manager and changes were in the works. During this time the superior
              required me to work over over my 40 hours. The day I got sick I was working over 50 hours and in tremendous heat.

              In the end, I am attempting to protect my family so I am trying to get a better understanding of what my right(s) truly are.


              Could this be some form of negligence or violation of the ADA?

              If this something workers comp should look at?

              If I have no standing then I simply need to negotiate the best severance package possible and move on.

              Thank you again!

              Comment


                #8
                CALL ADA QUICK!

                have you contacted ADA & EEOC about this yet?


                a quick call to one or both might help. American Disabilities Act is there to help you keep your job, even if that means your employers have to make accomodations for you that they wouldn't normally make if you didn't have a disability.

                it sounds to me that they took into no consideration your work environment (heat & humidity), long hours (sounds like you went above the norm on drive time) plus your inability due to hospitalized relapse to notify them.
                DON'T SIGN A THING without a knowledgeable lawyer looking at the documents.
                IF you still get railroaded then in comes EEOC - because they fired you over your disability if you can prove that.
                which is why you need to call the ADA office and get them in on it.
                as people with disabilities with have rights that most companies (even state run ones) don't like to do, but it's the law!
                if you want more info look up www.ada.gov.
                on the right column of home page is a 'Contact Us' hit that and you will get a number to call. warning it is hard to get through sometimes, but worth it.
                i was able to keep working my job for 2 yrs. when they wanted to fire me the day their dr released me back to work in a w/c.
                when they did 'let me go' EEOC took over.

                don't let them intimidate you!
                i pray that all works out well for you
                keep us in the know!

                take care & God bless ya!

                i just reread your original post, you really should get ADA in on this and probably EEOC. they will advocate for you with their own lawyers so you don't have to pay for it.
                it sounds like you did the right things considering how bad off you were. hang in there!
                "All things are possible for those who believe." Jesus

                Comment


                  #9
                  Originally posted by MSW2020 View Post
                  I am going to try to answer all the questions asked:

                  I am 44 years old. My medical insurance comes from my spouse. No claim for FMLA or WC was ever filed.

                  I have been approved for LTD for 24 months. After 2 years, an evaluation will be conducted to determine what, if any, changes will be made. This policy is already in effect and is not dependent upon my status with the company. Part of the agreement also requires me to apply for SSDI.


                  When I notified my employer of my medical status a few considerations were made. My immediate supervisor agreed:
                  - my hours should be capped at 40 hours(verbal not in writing, but the supervisor will attest to this in court)
                  - my hours would be modified to allow me to work during cooler hours of the day
                  - a room with a separate air conditioner was made available so I could work in cooler conditions
                  - I was also allowed to work from home on specific days

                  A different superior was hired that did not want to follow the terms agreed upon. I talked to my manager and changes were in the works. During this time the superior
                  required me to work over over my 40 hours. The day I got sick I was working over 50 hours and in tremendous heat.

                  In the end, I am attempting to protect my family so I am trying to get a better understanding of what my right(s) truly are.


                  Could this be some form of negligence or violation of the ADA?

                  If this something workers comp should look at?

                  If I have no standing then I simply need to negotiate the best severance package possible and move on.

                  Thank you again!
                  sk around to your neighbors, friends, and family. Someone is or knows of a good lawyer.
                  Lawyers do not come cheap. You may need a more than a little money to get one started on this.
                  Before you give them any money, ask what the PLAN is.
                  How long this will take, etc.
                  You do not want a lawyer that is interested in just taking your money and doing nothing.
                  Interview about 3 lawyers and make your best choice.
                  Check with the Social Security Department or EDD to see if what they are doing is legal.
                  DO NOT sign anything.
                  STALL, and be nice about it.

                  If your prior supervisor was good and made allowances, and the business was not affected, they should continue this practice.

                  Just be nice but be firm about what you need.
                  They can find someone else to do the overtime.

                  My husband hired a new employee that had to disclose that she had Cerebral Palsy. She walked on crutches, and needed to sit a lot of the day.
                  I asked him to hire her not only because she was good at what she did, but she was very pleasant. Also, I feared that another employer might not hire her because of her disability. She is doing fine.

                  He had to order a short step stool for getting in and out of the city trucks, and a step stool so that she could reach the customer counter and help clients.

                  If a new manager came on board, that person would have to do the same.

                  Anyway, do not leave. Go to work everyday as usual.
                  Say "The doctor says I can work, and I want to continue doing so. The EDD will help us sort this out."

                  Don't mention the lawyer until you are ready.

                  Comment


                    #10
                    Your employer initially accomodated your disability. Revoking that accomodation puts them at a substantial disadvantage legally. I'm surprised your employer is not in full CYA mode.

                    Contact your local chapter of NMSS for a list of ADA attorney's.

                    Contact EEOC also. EEOC will review your case to determine merit, will represent you, and file a complaint to recover damages on your behalf.

                    Comment


                      #11
                      don't sign anything like everyone else said until you talk to a lawyer, also talk to your doctor your employer knew about you illness already if it first came about due to work originally then your doctor will have a record of it and will be able to say if the new symptoms are related. if you are a part of a union get you shop stuard infolved there should have been a WCB report filed for the original injury/symptoms done also the hospitalshould have filed one for your new symptoms if you said it was felt while you were at work your doc should have gotten a report from the hospital also.

                      I am not sure how the states dealwith it but thats the way it works here in Canada. I am framiliar with the U.S. laws if you need any help don't hesitate toaskI will do what Ican to assist you and anyone else whoneeds it.

                      Comment


                        #12
                        Originally posted by MSW1963 View Post
                        Your employer initially accomodated your disability. Revoking that accomodation puts them at a substantial disadvantage legally. I'm surprised your employer is not in full CYA mode.
                        Does this count if it was done on an informal basis rather than in writing?

                        I often read of people here who are comfortable with casual agreements with their employers but I would rather have something this important in writing.
                        He is your friend, your partner, your defender, your dog. You are his life, his love, his leader. He will be yours, faithful and true to the last beat of his heart. You owe it to him to be worthy of such devotion.
                        Anonymous

                        Comment


                          #13
                          Records related to hours worked via payroll records, pay check stubs, records about addition of A/C in the work space, etc., are probably 'formal' enough to establish that certain accomodations were made, and later 'revoked', even if the agreement was informal and verbal.

                          Most employees are not in a position of power to ask for a formal agreement regarding accomodations. In an office setting even if there is no official form to request acomodation, there's probably email or inter-office memo records or other documentation.

                          In the 'shop' workplace setting, I imagine these types of agreements can be very informal, unless there is a labor union involved.

                          Most employees are grateful when accomodation is made and their worklife continues. Not many employees feel that asking for a formal agreement reflects their level of gratitude for the accomodations, or it's just too awkward to ask.

                          It's always best to have written documentation, but it's not always possible or necessary, particularly when payroll records and other documentation is available to establish certain facts.

                          Informal records, like a legal pad, note book, or a desk calendar with dates, time, names and a brief discription of events is documentation when no other formal record exist.

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