fired for work restrictions

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iefisherman

New member
My work called me today to say my employement has been terminated. Back in December i got a blood clot after getting my port placed and was put on blood thinners. The doctors note stated" patient may return to work 12/3/12. due to patients condition restrictions as follow. 1) must stay clear of moving belts and object 2) must stay clear of sharp objects. 3) must stay at ground level- no heights 4) no oily or slippery floors must avoid potential falls 5) must work same shift 8 hour shift for 2 weeks 6) no heavy lifting for one month."I have asked my vascular sureon many times to lift my restriction and he wouldnt because nothing had changed. Now I am uneployed and will be losing my insurance at the end of the month. I'm very PO'ed i didnt know the vascular surgeon was taking me out for another 6 months until a few weeks ago. I was planning on going back to work so i haven't done anything for dissability yet. I have a mortgage and bills to pay and medical bills. I just can't get a break lately. Sorry just had to vent.
 
2

2005CFmom

Super Moderator
Sorry, that really sucks. Did your work say it was because of the restrictions? or did they give another reason? I am not really that familiar with employment laws, but it may be worth a call to that lawyer that deals with CF issues to see if you have any kind of case.
 
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iefisherman

New member
they said it was because of the restrictions, which i didnt think would be too hard for them to accomodate. I'm looking into legal things.
 
J

julie

New member
This sounds like an ADA issue. Those are "reasonable disability accommodations". File for unemployment.
 
M

Murphysmama

Guest
How awful! Doesn't the CF Foundation have a legal hotline that gives free consults? I called them once and they were very helpful....and the price was right. Defiantly worth the time to at least call. Best wishes and I hope things turn around very soon.
 
H

hammerpocket

Guest
If you can pay for the insurance and your employer has more than 20 employees, you shouldn't lose it under COBRA requirements.
 
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iefisherman

New member
Its over 700/month for cobra and i have no income. I'm still looking into things. SSDI takes months and to find a job making anywhere near what i was making will be very hard. Even at my old pay rate, mortgage, bills and throw cobra ontop of that It would be hard to do. Hopefully i can get some help until i get things figured out.
 
M

mgl

Guest
What type of employer did you work for? Do they have thousands of employees and an HR department? If they're a large company, they may have violated their own documented rules and the employee relations department might be helpful. If you worked for a small company, it is harder.
 
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iefisherman

New member
I have a copy of my restrictions from my doctor. Work said that the are sending me a termination letter. I also have recordings of all the conversations i had with work because i knew it would come to this. I'm not the first one this company has pushed out the door.
 
Simba15

Simba15

Member
Something similar happened to me

Hi sorry to hear about this. I had a very similar situation. I would advise the following:

1. apply for unemployment - now! Don't assume they will turn you down. Apply and get an answer.
2. Apply for disability.
3. File with the EEOC but be aware that takes two years.
4. Get a good employment lawyer immediately. It must be someone who specializes in employment. I know you don't have money. They should see you for free and give you a free consult. It might just take a letter to get your job back.
5. do you have anything in writing form your job? if not, SHOW UP FOR WORK and act like nothing happened. if they say you are fired say "really? I didn't get a letter to that affect. Can you give m one?" They won't want to put it in writing so you might be able to stay. If they threaten to call the cops tell them you are leaving and calling the news station. The DO IT.

I did all of the above when this happened to me and whalaa I was allowed to stay. It was only 3 years later they pushed me out.


iefisherman said:
My work called me today to say my employement has been terminated. Back in December i got a blood clot after getting my port placed and was put on blood thinners. The doctors note stated" patient may return to work 12/3/12. due to patients condition restrictions as follow. 1) must stay clear of moving belts and object 2) must stay clear of sharp objects. 3) must stay at ground level- no heights 4) no oily or slippery floors must avoid potential falls 5) must work same shift 8 hour shift for 2 weeks 6) no heavy lifting for one month."I have asked my vascular sureon many times to lift my restriction and he wouldnt because nothing had changed. Now I am uneployed and will be losing my insurance at the end of the month. I'm very PO'ed i didnt know the vascular surgeon was taking me out for another 6 months until a few weeks ago. I was planning on going back to work so i haven't done anything for dissability yet. I have a mortgage and bills to pay and medical bills. I just can't get a break lately. Sorry just had to vent.
Click to expand...
 
J

Jennyvb17

New member
Chances are you used up your FMLA time. You get 12 weeks, usually in a rolling 12 month period. If you use up your time and cannot return, they are allowed to term your employment.

If this is the case, you should qualify for unemployment.

You might still want to talk to a lawyer about whether they should have brought you back with your restrictions.
 
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