my DON called today and told me i lost my job - page 5
i have been off work for 3 weeks, off for 3 more at least due to a TAHBSO. I am now undergoing chemo. i turned in all my doctors notes (copies) and letters saying i need at least 6 weeks off.... Read More
Jan 21, '07I am very sorry you have to deal w/ this cr*p. It makes my blood boil to see how abusive some employers are. I guess they want disposable. nurses. Please call an attorney. I think someone like this should have to pay for thier actiions both financially and hopefully somewhere down the road in terms of publicity. You are in my thoughts and prayers.
Jan 21, '07What I'm reading here is that you have not been terminated but bumped down to PRN status, hence, they are even crueler. They have cheated you out of unemployment. If you try to sue they can say they didn't fire you just changed your status. How horrible. I wonder how these people sleep at night. In the end what comes around goes around. Important thing is that you've got help paying your cobra. Try to focus on getting well and then get a new job. Try private duty or home health, much easier physically and emotionally. Please formost take care of yourself. God Bless.
Jan 21, '07Here are some practical things you can do while you wait to see your problems resolved.
Check immediately to see if you qualify under your STATE for medical leave. I didn't have enough hours for federal FMLA, but the threshhold was lower for my state. Not all states have this, but if yours does, it could help. The time off I was allowed wasn't as much as through the federal program, but it did help.
Buy two technical gadgets. The first is a recording device for your phone that you can switch on any time job-related calls come in. Do find out the law for using such information in court (in my state, only one of the parties has to be aware that the call is being recorded--and that would be you), but even if the calls aren't admissible, you can gain insight from them. My daughter did this with her ex who made threats to harm her and take the children. Based in part on his phone calls, she was granted sole custody.
The second device is a voice-activated tape recorder that you can slip into a pocket any time you have face-to-face contact with these people. This protects you from "off the record" threats and also keeps track of promises and any other "deals" put on the table. Because the recorder is voice activated, you only have to have it turned on for it to start recording when someone speaks. It isn't at all obvious and having this kind of "documentation" can prove to be powerful.
Radio Shack should be able to help you with both of these.
Even if you don't have grounds to win a lawsuit, incriminating phone calls and taped conversations can provide incentive for some kind of bargaining. If there are HIPAA violations or attempts to intimidate you, they'll be available to you (and your attorney) to use as you see fit.
Aside from the legal aspect, make a list of things you need help with. Anything from driving to making meals to running errands to babysitting. If you do this now, you won't miss valuable opportunites because you couldn't think fast enough on the spot.
I hope some of these suggestions help. I'm so sorry you and your kids are going through this. Come here often for moral support and hugs. We care.Last edit by rn/writer on Jan 21, '07
Jan 21, '07Quote from JolieMy guess is PART of the reason the employer wishes to do is IS because their portion of the healthcare premium is effected when they have employees who use a lot of expensive medical services etc.But it is not the insurance company that's pulling the rug out from under the OP. It's her employer. If the OP is able to continue paying premiums under COBRA, the insurance coverage will remain intact, possibly for as long as 18 months.
While COBRA premiums are not cheap, it may be well worth it for the OP to borrow if necessary to continue paying her premiums, as having a gap in coverage may make her temporary ineligible for coverage when she finds new employment.
I would strongly encourage the OP to request an initial consultation with an employment attorney, both for the purposes of reviewing her dismissal, and learning her options for extending health insurance coverage.
Sending my best wishes to you in this trying time.
Under COBRA the individual no longer gets part of the premimum paid by the employer. That is the reason that the same insurance under COBRA is so high that most people can not afford to pay it. Insurance under COBRA is higher because the employer is not longer paying for part of the preimum.
Jan 21, '07Quote from CseMgr1Your HR person does not have access to your medical records and has no need for them. Yes the third party adminsistrator does. But by definition third party means someone other than your employer.Being a small employer, their insurance benefits are probably self-funded, which makes your case against them an even stronger one.
And as for your former DON, she is in serious violation of HIPPA for even asking for your medical records. Whoever is the third-party administrator for your benefit plans and your HR person should have access to these documents...providing they have signed the proper release forms. I would not give her the time of day!
All your HR needs legally is the certification by your physician that you have already given. I am appalled that they have any more than that.
Neither HR nor your DON are qualified nor entitled to over ride your physician's assessment and giving them more information suggest that they are.
Jan 22, '07What I see is someone being discriminated against. Along with the suggestion to tape conversations, write down the dates & times in a notebook solely for this purpose when the DON/Admin calls or you call them, the reason why, your response or theirs, etc. If you are prepared with dates and times, this also can help (not always, but it can) make the employer back down if they know you're not just letting it slide. As mentioned, find a lawyer who specializes in discrimination suits. Also, notify the Equal Opportunity Employment office in your area - most pounce on things like this to give them reason to investigate and find other areas where the employer has broken EO regulations.
Gitterbug was mentioning the organization that Montel Williams promotes - which is found at www.pparx.org. It's a simple website to use and helps you find out what you qualify for regarding medications for you and/or your children. I've done this for both my parents.
Also, keep track with your physicians' help any requests made by the DON/Admin regarding your HIPAA protected information - including the first time DON asked. If anything, you should be able to get the employer for HIPAA violations up the gazoo if they keep it up, especially if the admin/DON keep asking, and your Drs sign affidavits affirming this.
Finally, try and keep positive thoughts. I know the old saying 'when it rains, it pours' seems to be coming true for you. This can discourage the positive thoughts and feelings, but try not to let it. Other than this going on, what are some highlights in your life? Your children should be major highlights. My thoughts and prayers are with you, and please keep us all updated if you can. I hope your employer gets what's coming to them in the end, and that you get the help you need. Good luck, my dear, and Bless you! :icon_hug: