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Old Oct 04, 2010, 01:03 PM
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LaraLynn LaraLynn is offline
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I work for a non-profit and I went on medical leave do to BP 2 weeks ago. I was having a ton of issues with work. During the last two weeks my work has called several times. They have been to my house. I brought my computer home and they made me bring it back to work. Finally last thursday they requested that I meet them up at they office to discuss when I was going to return to work. I told them I was not capable of meeting them, but my husband would speak with them. Not knowing what they were really wanting to know he agreed and met with them.

They asked my husband ALL kinds of indepth questions about my disability and my husband being caught off guard answered them honestly - including things about paranoia and delusions. The next day they called him and told him that if they agreed to pay me for the two weeks I have been AWOP then in turn they needed me to sign a letter of resignation they have typed up for me. They felt that I was not going to be capable to return to my job and that I would be under too much stress.

He let them know that I would be seeing my Psych Dr. tomorrow and that he would make the determination if I would need more time off or not. And that I would be faxing over an extension asking for more time of without pay at that time. He let them know I would NOT be signing there resignation and taking there money.

The Dr. originally told me that he wanted me off work 4-6weeks and I have only been of 2 weeks so far and they are pulling this.

Any advice? Has anyone dealt with anything like this? I am ramping up on my meds, but I am not ready to go back yet.

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  #2  
Old Oct 04, 2010, 01:28 PM
lotusflames lotusflames is offline
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i've been through this. i worked full time and only had 1 week off then they told me not to go back.

if you have something in writing that states they're asking you to leave cos of your illness then you need to grab it and go straight to a soliticor as it's unfair dismissal. i'm sure you[ll be covered by some disability rules where-ever you are.
  #3  
Old Oct 04, 2010, 01:33 PM
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LaraLynn LaraLynn is offline
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unfortunately, I don't have anything in writing yet. I wish they had sent him letter of resignation before he told them NO, but he was mad so he was not thinking we needed evidence. This is still ongoing so we may get something before it's over.
  #4  
Old Oct 04, 2010, 01:50 PM
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blueoctober blueoctober is offline
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LaraLynn; I was on medical leave for 8 months when I was first diagnosed. I didn't have that experience. I'm not sure where you live, but I would suggest doing some research on your rights. The book in my signature has a chapter on disclosing, protection for your position etc. Do not sign the letter. Look into your organization's disability plan. For me after 3 months of 100% pay I was put on disability through a separate provider (Insurance company) and received either 60% or 80% of my pay (sorry can't remember).

Advise your Psychiatrist about your concerns with work. He or she will decide how long you need to be on leave and it may be a matter that you check in with him every 2 weeks and it gets evaluated at that time.

I would also recommend speaking to a lawyer who specializes in labour issues.

You may or may not decide to return to your current employer. They will have a duty to accomodate. In Canada this is protected, but as long as it doesn't "become unnecessary hardship" to the organization. This is normally only considered for smaller companies. The response of your employer may have you question whether or not you want to return to work for them, but as long as you don't sign the letter, a MD puts you on leave you will still receive a pay cheque. It's disgusting that in this day and age this type of discrimination still occurs. It makes my blood boil!

There are members that have experienced this and will have input.
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Thanks for this!
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  #5  
Old Oct 04, 2010, 01:52 PM
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blueoctober blueoctober is offline
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Welcome to Psych Central LaraLynn!

Work Issues - Very Worried
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  #6  
Old Oct 04, 2010, 02:17 PM
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madisgram madisgram is offline
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well i you're on medical leave they r breaking the law by coming to your house, calling, etc if you had a doctor's note stating time off for medical!!!
my company tried to do the same thing and my doctor told me to tell them, "leave me alone. i'm on medical leave and you shouldn't be conversing with me."
talk with your pdoc about all that has taken place.
i don't know if you have tenure with your company but i believe the laws protect you from some if not all of their actions regardless.
soory you are having to deal with this right now. you should have the freedom of getting better.
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  #7  
Old Oct 04, 2010, 02:33 PM
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LaraLynn LaraLynn is offline
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Thank you blueoctober! I have to wait it out and see what they decide to do fire me or not. In the US We are supposed to have 12 of medical leave that we can take off , but I work for a non-profit and I had no idea that they can write their own rules - BUT I am still protected once they let me go meaning I can collect unemployment and sue them for discrimination. Right now we are playing a cat and mouse game. I just heard back from them they extended my leave for another 2 weeks. Which means I get to go through this again in another 2 weeks. I am going to see if the dr. with write my leave note for 4 weeks tomorrow and see what happens.
  #8  
Old Oct 04, 2010, 03:01 PM
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LaraLynn LaraLynn is offline
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madisgram-Thank you! My husband has told them to NOT call me and to NOT come to my house and that if they need to contact me they can email me OR call him or email him. They have completely added insult to injury. And you are right I should have the freedom to get better, but with their constant interference they have made my paranoia 100 x worse and now I am afraid to answer the phone or afraid that are driving by my house or at the grocery store. My boss was on my facebook and mentioned a post I made and said I sounded to happy so therefore I must be lying so now I am just afraid to ever be happy about anything. And my husband told her it is called MANIC DEPRESSION. All I posted was that my daughter made a 100 and I was proud of her. and that was my first FaceBook post in 2 weeks. So then I blocked my boss from my facebook. I can't live like this. I am so paranoid that someone is going to see me happy and tell them.
  #9  
Old Oct 04, 2010, 06:58 PM
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Anneinside Anneinside is offline
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I had a bad experience with my employer. Luckily I had both short and long term disability insurance so I didn't miss any paychecks. (60% of my pay) I was out first for one and a half semester (I was a professor) before coming back. When I arrived for the paperwork, my Dean and the head of Human Resources was there. They had written up a statement that stated I would not disclose my diagnosis or symptoms to faculty, staff, or students. I was required to do that before returning to work. I felt like I had to sign it and I wasn't planning to disclose as I had before going on leave and it hadn't gone well and contributed to my leave of absence. Years later I checked into the ADA laws because I didn't want them to do this to anyone else and found that I would have had to have had a financial loss to be covered. Also there is only a short time in which you can sue. I certainly wasn't in any condition to go through that at the time.

I returned to work 1/2 time for a semester. The following semester back at full time, they broke every accommodation that was in my plan (no off campus classes, no early morning classes, one online class a semester). There were good reasons for each accommodation which they had agreed to. I lasted about 3 weeks and went back of disability. Eventually, I was put on permanent disability. I still have my long term disability coverage but they re-evaluate every year. (I didn't know until I started getting disability but to qualify, the first year you have to be unable to do your job, the second year you have to be unable to do a job commensurate with your education and the third and following years you have to be unable to do any job... they suggested taking tickets at a move theater.)
Thanks for this!
Gus1234U
  #10  
Old Oct 04, 2010, 07:01 PM
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Oh, also, before I went on leave the first time, I had disclosed some of my symptoms to a co-worker who went to the Dean of the college. The Dean and the human resources director sent a letter to my psychiatrist. They had my financial medical records which they were entitled to so they knew my doctor's name. When I went to see my psychiatrist (she called me in) she said I needed to get out of that environment and I shouldn't be working. She wrote my note to qualify for disability.
  #11  
Old Oct 04, 2010, 09:06 PM
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PT52 PT52 is offline
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Quote:
Originally Posted by LaraLynn View Post
I work for a non-profit and I went on medical leave do to BP 2 weeks ago. I was having a ton of issues with work. During the last two weeks my work has called several times. They have been to my house. I brought my computer home and they made me bring it back to work. Finally last thursday they requested that I meet them up at they office to discuss when I was going to return to work. I told them I was not capable of meeting them, but my husband would speak with them. Not knowing what they were really wanting to know he agreed and met with them.

They asked my husband ALL kinds of indepth questions about my disability and my husband being caught off guard answered them honestly - including things about paranoia and delusions. The next day they called him and told him that if they agreed to pay me for the two weeks I have been AWOP then in turn they needed me to sign a letter of resignation they have typed up for me. They felt that I was not going to be capable to return to my job and that I would be under too much stress.

He let them know that I would be seeing my Psych Dr. tomorrow and that he would make the determination if I would need more time off or not. And that I would be faxing over an extension asking for more time of without pay at that time. He let them know I would NOT be signing there resignation and taking there money.

The Dr. originally told me that he wanted me off work 4-6weeks and I have only been of 2 weeks so far and they are pulling this.

Any advice? Has anyone dealt with anything like this? I am ramping up on my meds, but I am not ready to go back yet.
Welcome LaraLynn. Before you sign ANYTHING, read up on the Americans with Disabilities Act. You don't have to have a written diagnosis - you don't have to have a diagnosis at all. If your employer perceives that you have a disability, they have to follow ADA regulations. If you told them before you took the time off that you needed it for BP, then they can't fire you. Also, I'm pretty sure that there is a privacy issue in the questions they asked your husband. So, don't let them pressure you into anything - get a good civil rights lawyer and fight it.

I know pretty much everything about ADA because I got fired 5 weeks after I disclosed I was bipolar and my ex-employer violated a number of ADA regulations. I have a lawyer preparing a complaint to the state labor bureau and that will automatically be filed with the EEOC. If they find that there have been violations, then I will get a settlement. In 2008, the law was clarified on mental illness so there is no question BP is covered. Good luck and don't let them pressure you into anything!
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Better not look back, or you might just wind up crying
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ng


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Thanks for this!
Gus1234U
  #12  
Old Oct 04, 2010, 09:19 PM
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Gus1234U Gus1234U is offline
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omg, i felt like i was the only one~! i worked for a non-profit which is mandated to hire people with disabilities~! but some disabilities are more equal than others. we got a new boss who started in on me, for no reason that i could see. other people quit , so i suspect she was abusing them, too. unfortunately for me, they have skills and live in another county with a much larger employment field. i finally quit when the boss threatened to fire me, in an open staff meeting,, for using my sick leave~!! no one said a word in my support. that was over a month ago, and i'm finally just feeling the wounding loss, the rending grief,, (this was my first job in 17 yrs, since i became "disabled"). i don't have the strength to fight anymore,,, i am having a hard time going back for food stamps,, i feel like such a fool to have tried so hard to re-enter the 'world of work'... my voc rehab counselor said i was "Unemployable",, i should have listened,,, even tho he was WRONG,, he was just telling me how i was being perceived,,, ooh,, where is there some comfort ? Gus
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  #13  
Old Oct 04, 2010, 10:00 PM
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LaraLynn LaraLynn is offline
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PT52 - I am in the process of doing just what you suggested. I can file with the Texas Workforce Commission. If they find that there is merit they will simultaneously file with EEOC. My Mother in law works for the State and is going to talk to a friend of hers that works in HR tomorrow about laws and what not. She is also looking into getting me a lawyer.

Let me know what happens with your case. I am sure as this moves forward I will definitely need advice. Thank you for replying!

Gus - I am so sorry that happened to you. I have to figure out how to get food stamps right now too and that is pretty scary. It is so hard right now, but I am grateful to have found this forum. Thank you for replying to my thread. I hope that tomorrow is a better day for both of us.
  #14  
Old Oct 05, 2010, 03:45 AM
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PT52 PT52 is offline
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Quote:
Originally Posted by LaraLynn View Post
PT52 - I am in the process of doing just what you suggested. I can file with the Texas Workforce Commission. If they find that there is merit they will simultaneously file with EEOC. My Mother in law works for the State and is going to talk to a friend of hers that works in HR tomorrow about laws and what not. She is also looking into getting me a lawyer.

Let me know what happens with your case. I am sure as this moves forward I will definitely need advice. Thank you for replying!

Gus - I am so sorry that happened to you. I have to figure out how to get food stamps right now too and that is pretty scary. It is so hard right now, but I am grateful to have found this forum. Thank you for replying to my thread. I hope that tomorrow is a better day for both of us.
Glad you've got the ball rolling on this LaraLynn, it just makes me so angry that people who just want to work are denied the opportunity. I got really lucky and was referred to a lawyer who has handled some really high profile civil rights cases...including some related to 9/11. I really believe karma has a lot to do with it. Good luck!
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"Better not look down, if you want to keep on flying
Put the hammer down, keep it full speed ahead
Better not look back, or you might just wind up crying
You can keep it moving, if you don't look down" - B.B. Ki
ng


Come join the BP Social Society on Psych Central Everyone is Welcome!
  #15  
Old Oct 05, 2010, 03:52 AM
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PT52 PT52 is offline
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Quote:
Originally Posted by Gus1234U View Post
omg, i felt like i was the only one~! i worked for a non-profit which is mandated to hire people with disabilities~! but some disabilities are more equal than others. we got a new boss who started in on me, for no reason that i could see. other people quit , so i suspect she was abusing them, too. unfortunately for me, they have skills and live in another county with a much larger employment field. i finally quit when the boss threatened to fire me, in an open staff meeting,, for using my sick leave~!! no one said a word in my support. that was over a month ago, and i'm finally just feeling the wounding loss, the rending grief,, (this was my first job in 17 yrs, since i became "disabled"). i don't have the strength to fight anymore,,, i am having a hard time going back for food stamps,, i feel like such a fool to have tried so hard to re-enter the 'world of work'... my voc rehab counselor said i was "Unemployable",, i should have listened,,, even tho he was WRONG,, he was just telling me how i was being perceived,,, ooh,, where is there some comfort ? Gus
Hey, Gus? There are a whole lot of people in this world who are ignorant, plain and simple. You are not a fool for wanting to work. You will find a job that is a good fit for you, and don't believe for a minute that you're unemployable. There are so many opportunities besides 9-5 jobs. I'm working on learning some skills that I can use to do contract work from home, since I have a habit of making co-workers uncomfortable ... I figure they're just jealous cuz I'm so much smarter! I hope you can see that you are valuable and able to make a contribution. If you need some ideas, just ask people here - they have all kinds of good ideas!
__________________
"Better not look down, if you want to keep on flying
Put the hammer down, keep it full speed ahead
Better not look back, or you might just wind up crying
You can keep it moving, if you don't look down" - B.B. Ki
ng


Come join the BP Social Society on Psych Central Everyone is Welcome!
  #16  
Old Oct 05, 2010, 03:34 PM
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midnight_soul midnight_soul is offline
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Quote:
Originally Posted by LaraLynn View Post
madisgram-Thank you! My husband has told them to NOT call me and to NOT come to my house and that if they need to contact me they can email me OR call him or email him. They have completely added insult to injury. And you are right I should have the freedom to get better, but with their constant interference they have made my paranoia 100 x worse and now I am afraid to answer the phone or afraid that are driving by my house or at the grocery store. My boss was on my facebook and mentioned a post I made and said I sounded to happy so therefore I must be lying so now I am just afraid to ever be happy about anything. And my husband told her it is called MANIC DEPRESSION. All I posted was that my daughter made a 100 and I was proud of her. and that was my first FaceBook post in 2 weeks. So then I blocked my boss from my facebook. I can't live like this. I am so paranoid that someone is going to see me happy and tell them.

OMG this sounds like harrassment from your work to me. That's against the law no matter if it is non profit or paid leave etc. As hard as it may be....let your husband keep them off your back and listen to others here about saving any evidence you can get. I feel so bad for you. Society is always so critical of ppl like us who suffer a real disease however OUR disease doesn't have a cast or stitches etc. to prove we are really ill. And you know what? I bet that there are ppl at your work place that also suffer some sort of depression, they just haven't come out of the closet yet. I didn't mean that statement harshly, but it's true. Society treats us as if we have a plague or some thing just because we ADMIT we have a mental illness. How very sad.

If some thing makes you happy...please don't be afraid to express it or do it. As for face book, unfortunatly it is open to the public and if you haven't checked the box that only allows certain ppl to see....anyone can view your posts. I agree that maybe you should keep them private until this all settles down.
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