my DON called today and told me i lost my job

bethin · Jan 20, 2007

Please, please get a lawyer. Do not allow these people to continue doing this.

I work with a nurse who has cancer and was off a long time d/t surgery, chemo and a broken arm. She went over the max time that FMLA allows and they didn't fire her because they have a heart - they realize that battling cancer comes first, and not the job.

TheCommuter, BSN, RN · Jan 20, 2007

This reminds me of the unfortunate situation of a man in central California who was 'mysteriously' terminated from his job soon after his wife gave birth to quintuplets. I think this man would still have his job if his wife and quintuplets did not rake up such huge medical bills.

Jolie, BSN · Jan 20, 2007

If you have a car accident, your car insurance at least has to pay for it before they kick you to the curb. It is a shame that health insurance companies don't have to ''pay out'' a current illness if someone loses their job, and with it, their health insurance.

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.

RNOTODAY, BSN, RN · Jan 20, 2007

I think its a shame that in this country , people, ALL people, are not entitled to health insurance. All classes, all ages. You might think that for a country who is supposedly the most powerful in the world, they could figure out a way to make healthcare free and available to all just by virtue of being a citizen. Could you imagine how much easier life would be for so many people?

To the op, I am so sorry. I will say prayers first for your health, second for your financial situation. If I were you, I would see a lawyer... although I admit I am not sure if you have a case, but you can try. And as far as the DON asking for records? I am surprised that a person in such a high ranking position would even ASK such a question.she should know better? The only thing that they have to know, if you chose not to disclose why your out sick, is the name of the md, and that md simply stating "unable to work from such and such a date to... whenever" THATS IT. It doesnt matter why your out.

Good luck to you, and I mean that from the bottom of my heart.....

rehab nurse · Jan 20, 2007

thanks guys for the warm wishes, prayers, and hugs. and your advice. even though this is a "at will" state, i will contact a lawyer on monday. what irritates me most is that even if i did return to work when i told them i would, they wouldn't give me insurance until i "proved myself with perfect attendance" for at least six months before they would give me insurance back.

i'm just so angry. i have been unable to refile for FMLA. i believe i am covered under the ADA, but how do you enforce that? i have taken, in the last year, FMLA leave for my back. because of the FMLA, i worked less than 1250 hours last year, which apparently means i cannot REFILE for FMLA now. i should qualify for ADA, but it's not as easy to enforce, as least here. if i got an attorney i probably could, but like i said, i can barely get out of bed and care for myself right now. i have no income, my house payment is due, i lost my car, and i'm going to lose insurance at a time when i've never needed it more.

plus, my two children, one with autism, the other with bad asthma and is in the ER all the time, will be without THEIR medicine once i lose my insurance.

sigh.

thanks for your support guys. i wish i was healthy enough to just go get another job. this place has gone to the pits since new managers took over. and to the poster who suggested i talk to the admin, i did. he won't budge. he said they found a "law" where they are not required to keep me on staff for insurance, and they are allowed to cancel. so much for "promising" everything would "work out" and that they're "thinking of me". yeah, right. thinking of a way to get RID of me, is more like it.

nothing like hearing over the phone that everything is done, when they made me go up there yesterday to "show them the originals" of my papers. after they "lost the copies" given to them 3 weeks ago. it's like they're looking for ANY possible reason to let me go. i feel SO LOVED by my employer, after 6 years of working my tail off for them.

CHATSDALE · Jan 20, 2007

in an 'at will' state you will probably not be able to contest the termination

but try and get enough money to contnue the insurance...

insurance is difficult to regain with your health problems and with your childrens problems this is one thing that you will despertately need

see if there is anything that you can get to work at home on line until you have regained your health

blessing to you

meownsmile, BSN, RN · Jan 20, 2007

You know if your DON didnt lay the whole thing on your illness then there probly wouldnt be anything you could do. But since she is directing it completely at your illness and your insurance, you probly have a case. My brother was terminated following a cardiac event and had to have stents placed. Next thing he knew he was being shown the door. They didnt directly give him any reason for termination so technically he couldnt prove it was because of his illness and he had no recourse with law. But had they terminated him directly because of his illness that would have been a legal issue. Id say talk to an attorney, it wont hurt.

I also think if this is a small facility, the mear fact that you may cause their insurance rates to increase probly made them do what they did.

Even though they have insurance for people to use, they dont want the bid dollar problems and they will terminate rather than keep someone on that would cause their rates to go up. I am sorry this is happening to you at this horrible time,, i hope they get what they deserve in the end too. There isnt any excuse for treating people like this.

tridil2000, MSN, RN · Jan 20, 2007

at the very least, a lawyer can shout hipaa and make them dance to your tune.

don't say another word to your don. tell her of she calls that you'll be letting your attorneys handle this from now on.

yep, use the plural!

:)

jetscreamer101 · Jan 20, 2007

I know I said it before, but research the ADA. "Job accomodation network" or JAN, is an excellent resource for information. It might take awhile to muddle through it, but may pay off in the long run.

Simplepleasures · Jan 20, 2007

in an 'at will' state you will probably not be able to contest the termination
but try and get enough money to contnue the insurance...
insurance is difficult to regain with your health problems and with your childrens problems this is one thing that you will despertately need
see if there is anything that you can get to work at home on line until you have regained your health
blessing to you

NO, This is erroneous information. "At Will" does not mean anything more than you can quit without notice for any reason OR your employer can terminate you for any reason , UNLESS it is DISCRIMINATORY. When you are discriminated against due to illness, disability, the need to take FLMA,etc. you fall under a protected class of individuals .Rehabnurse, I know myself and a few others here advised you to seek legal help before you were terminated, PLEASE dont let this go now that you are terminated.In my state, the Equal Rights Division of the Department of Workforce Development enforce the discrimination laws. You probably will be able to get free legal help if you hook up with some support groups in your area. They will als be able to help you get medical care and may be able to help you financially.I know you must feel overwhelmed now , but for your own sake, dont hesitate any longer in seeking legal council,an EMPLOYMENT lawyer. I know what you are going through, have been there done that, its tempting to just crawl in bed and pull the covers over your head, but if you gather what strength you have left and use it constructivly, you will be surprised that there are good , honest people out there who will be willing to help you.:icon_hug:

SmilingBluEyes · Jan 20, 2007

I cant' tell you how sorry I am to read this. I really do wish you well.

TrudyRN · Jan 20, 2007

First, please accept a great big ((((((RehabNurse))))))) from me. Take a deep breath, as I am doing.

This stuff just makes me wild. Man's inhumanity to man and all that.

OK, here's what I would do, for whatever that's worth.

I would NOT give my medical records to my DON. She has no legal or professional right to see what you had done. In plain English, it is none of her beeswax. If you have provided the required paperwork to whomever is supposed to get it, that's it. Do NOT give her anything more than is required. Why does she think you hold such sway with the doctors? Why does she not believe you are genuinely sick? I assume you really are. And she could probably check with her buddies in Surgery to confirm whether or not you had surgery if you had it where you work.

Consult a couple of attorneys to see if you can sue the piss out of these people, at least your DON, for harrassing you, for mental cruelty, for being schmucks, for anything your lawyers can think of.

Take your case to Administration/the Board of Directors if your attorney agrees.

Go to your state and federal legislators and let them know what people face because we don't have a universal health care plan in this country.

Get good and drunk if it's compatible with your Rx.