help. gonna lose my job 5 mos. w/ GBS
AnonymousApril 22, 2007 at 2:07 pm
I need help. Losing my job. I was hospitalized late Nov. 06. Back to work after 3 weeks because used all vac. and sick days. i must walk with a cane. Pain is significant but fatigue is unbelievable. I am on Nortriptyline, Lyrica, Oxycodone and vicodin (for breakout pain) and pravigil for fatigue. I am losing my job because I am unable to perform 100%. I will be homeless as I am paycheck to paycheck. Who should I talk too??
AnonymousApril 22, 2007 at 6:55 pm
It’s against the law to fire you because you can’t do 100% I think. The disability laws makes it illegal I think. In Canada anybody with a disability has to be accommodated without undo hardship to them. So I assume it’s the same in the U.S.
Here is the link for the American with Disability Act.
If I find anything to help you I will post it.
AnonymousApril 22, 2007 at 7:03 pm
What Are My Obligations to Provide Reasonable Accommodations?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
* acquiring or modifying equipment or devices,
* job restructuring,
* part-time or modified work schedules,
* reassignment to a vacant position,
* adjusting or modifying examinations, training materials or policies,
* providing readers and interpreters, and
* making the workplace readily accessible to and usable by people with disabilities.
Reasonable accommodation also must be made to enable an individual with a disability to participate in the application process, and to enjoy benefits and privileges of employment equal to those available to other employees.
It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business. Undue hardship means that the accommodation would require significant difficulty or expense.
AnonymousApril 22, 2007 at 7:04 pm
What kind of work do you do? The laws don’t always work and if your employer deems you cannot do 100% and they cannot accomodate you at a different possition they might have a case. But I would check it out with the link that Sue gave you below. Some have been fired and brought suit againist their employers and won. I don’t know what will happen in your place.
I am presuming you don’t have disability on your job and that is why you went back to work, which in reality was much to soon for a GBSER.
Check out the web site from Sue and let us know what’s happening.
I wish you the best.
AnonymousApril 22, 2007 at 7:10 pm
I don’t know what kind of work you do, but don’t you have short term disability with it as a benefit? Most emplyers offer 6 months of Sickness & Accident coverage. When I got sick, we had to live on my short term disability while my husband took 3 months of FMLA (Family Leave Act), which of course was without pay. I guess he was the first to ever take that at his company, but I really don’t know what we would have done. By the time my benefits ran out, I was already starting to get SSD.
There must be help for someone in your position. Try contacing your local social services, or speak to an attorney. There is always Lega Aid if you can’t afford a regular attorney right now. My son is in a wheelchair & his employer has been very accommodating making a few small adaptations; he’s worked there 4 years now…
AnonymousApril 22, 2007 at 7:59 pm
I know someone as you with back problems and he was fired by Walmart.Well he got a lawyer and they got advised that they cannot fire him. and they had to keep his medical insurence up. Get a lawyer and let him handle this. This is a federal law. You need to think about getting yourself well. You really suffered when you went back to work with a cane and pain. I admire you. But you need rest and assured you can heal without worry. God bless you and may his healing powers be with you (Lakoda)(Steve)
AnonymousApril 22, 2007 at 11:09 pm
I suggest you seek legal advice asap to find out your employment rights. Once you have the necessary info to hand, then you can start making informed decisions. I live in New Zealand and here you are not allowed to fire somebody because of illness but our employers do have provisions in our contracts that we may be medically retired if it is deemed necessary by a medcial practitioner, but I stress, this is quite an extreme measure to be taken and not just because you can’t perform 100%. I don’t know if you have something similar, but it would also pay for you to check out your contract. Hope this helps and good luck.
AnonymousApril 23, 2007 at 10:50 am
So sorry to hear this. I was in your exact position 10 years ago and I did get fired. It was a real tricky situation as I was working for a union, but I was not a union member. I did talk to some lawyers, but since I would be going up against a major union (IBEW) in Washington DC, they really didn’t think I stood much of a chance. I decided to focus on getting better (slowly).
Next two jobs I had, I got fired as I couldn’t keep up the pace. Now I am in a job for 6 years (longest ever in my life), and put up with them because they put up with me being off at least once or twice a month.
It is such a shame, but most jobs in this country do NOT offer any type of short or long-term disability. That is where AFLAC and such come in to play, and they are very expensive.
Don’t know what to tell you, but try to keep your chin up. There are lots of food pantries and free medical clinics out there (as I used them). Let us know how you are doing!
AnonymousApril 24, 2007 at 7:46 am
I know your worries well! We were in your position also. We have 2 children and live solely on my husband’s income. My husband’s company fired him on his 10th day in the hospital “due to medical condition”. He is also in a union! It’s weird, but it turned out to be a blessing. We filed immediately for Unemployment Compensation and attained it easily. It’s barely enough to live on, but we were able to do it by accepting the help from family, friends, and communtiy that we normally would have never accepted. It gave him time to heal. Now they have hired him back and we are able to start giving back to the community that helped us out.
Here is the deal…. if you get fired…. whether you get an attorney or not…. file for Unemployment immediately. It’s not retroactive, so you don’t start getting benefits until you file. We made a mistake and waited a week before we called, so we weren’t able to collect for that first week. We were able to file over the phone. Apply for assistance like food stamps and energy assistance right away. Readily accept help from people who offer, and don’t be affraid to ask for it if they don’t offer. Family and friends are usually willing to pitch in a whole lot more than you might think. Use the church food pantries. That’s what they are there for! Our church even gives out gift cards for grocery stores, so I imagine others do too. Make a list of the churches in your neighborhood and call the Pastors about your situation. I don’t know what city you live in, but they probably have free meal sites. We serve at some of these sites in Milwaukee and they are such a blessing to those who need it. No shame needed… everyone understands they are one serious illness away from needing it themselves. Also, sometimes your mortgage company will let you pay only your interest for a few months in the case of a hardship.
I hope this helps a little. I will certainly keep you in my prayers.
AnonymousApril 24, 2007 at 12:16 pm
Thank You all for your thoughts and advice. You have helped calm my fears a bit. I know there are people in much worse shape than me and I don’t know how they stay positive. I hate this illness. It is becoming a life changing situation. I just wish the pain would end. Anyway,…Thank you all. I will be logging on very often.
AnonymousApril 24, 2007 at 12:25 pm
That is what it is called and it is illegal. Let them know that they are breaking the law if they do not accomodate you.
If they fire you anyway, you have a case of Wrongful Termination and Americans with Disabilities Violations. Contact an attorney immediately. In the US, we have ADA laws. If you are terminated for a medical condition, you have 90 days after termination to sue for ADA violations. Many companies don’t want you to know that any help is available to you. They are supposed to offer you help and accomodate your medical issues, not fire you.
Nate has a wrongful temination case pending. He was fired also.
AnonymousApril 24, 2007 at 4:07 pm
Billindy we all hate GBS but we also had to accept we got it. turn your hate into postive healing. You will get better. Turn it over and let go and let God. You now are on the healing side and every day you are slowley getting better. Think POSTIVE. be patient. this is a one day at a time process. I went from A cane to walking in a 3 day period. We all have had anger but turn this anger into your healing. be thankful that yours was not as bad as so many are. We are a family and many have given me strength and faith. Things will be ok now you constrate on healing and getting back to a normal life. My prayers are with you. Steve
AnonymousApril 25, 2007 at 9:13 am
You can also get help paying for medications that you need because many of us are on things like neurontin for neuropathy pain.
There is a web site called NEEDYMEDS that you can apply to and you can call the pharmacy companies for your medications and plead your case.
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