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Lyme Disease ForumsGeneral & SupportTerminated by Employer because of Lyme
06/11/2012 11:58 AM
timotheos
timotheos
 
Posts: 43
Member

So i've been out of work since my knee swelled up mid march from lyme. I've been collecting short term disability and my work has been covering my benefits.

I've remained in contact with the owner of the company and have provided him with documentation from my doctor about my treatment and so forth. He wanted to know what my restrictions and limitations would be if I were to come back and work light duty.

My job requires that I lift weights up to 70+ lbs and that I stay on my feet for most of the day. I also would drive on occasion for sometimes 3-4+ hrs while making pick ups or deliveries.

The doctor has sent a letter to my employer stating I would not be allowed to lift heavy boxes or stand for long periods of time. Also my driving would be restricted. He said in the letter he was not sure when I would be fully recovered but just as an estimate he said 2-3 months.

Since there are so many limitations the owner stated that they would not like for me to return and that I would be terminated at the end of June. He said there would be a prospect of returning when I became healthier or if there was light part time work for me.

My benefits are paid off until July 1st but then I would have to switch to the COBRA insurance plan which I would have to pay for myself. Anyone familiar with COBRA?

Short term disability I think lasts for 6 months so I would be able to collect that still.

Is this legal? Are they allowed to tell me I'm not allowed to return to work even if I am not 100% and have limitations?

My knee is still not fully recovered and I must use a crutch still to walk, though I can technically walk without it.

Looks like I have a case of the mondays...

All responses appreciated

"Nobody said it would be easy, they just promised that it would be worth it."

"All I want in life's a little bit of love to take the pain away, Getting strong today, a giant step each day." - Spiritualized
Reply

06/11/2012 12:23 PM  Top
jileha
 
Posts: 158
Member

Cobra per se is a good idea. Its main purpose is to provide continued insurance coverage to former employees so that the next insurance company cannot reject them due to preexisting conditions.

However, you have to pay the full price of your employer's plan. This can be pretty hefty, depending on their chosen plan. It is not meant as a long-term solution; it just gives you time to shop around for a private insurance or another job, if you're lucky.

A private insurance will most likely be less expensive (or at least have less expensive options) than your employer's insurance.

As for the legal issues, you'd better consult with a lawyer specializing in this field. It doesn't seem OK to me, particularly since your doctor provided an estimated date of full recovery.

But I'm not a lawyer, I just know from experience that sometimes employers try to intimidate their employees by claiming the law is on their side when it's not.


06/11/2012 12:58 PM  Top
timotheos
timotheos
 
Posts: 43
Member

thanks for the response jileha!

I'm almost 100% positive this is illegal and I'm not sure how to go about rectifying this. I suppose I should seek legal council but I cannot afford an expensive lawyer.

ham-sa ham-sa ham-sa, sa-hum sa-hum sa-hum

"Nobody said it would be easy, they just promised that it would be worth it."

"All I want in life's a little bit of love to take the pain away, Getting strong today, a giant step each day." - Spiritualized

Previous discussions I participated in:
Salt C protocol?
need new LLMD in PA...
MRI w/o contrast?

06/11/2012 02:29 PM  Top
mj278
mj278
 
Posts: 203
Member

Had you filed for FMLA?

Depending on what state you live in, your employer can fire you for any reason they like. I live in PA and that is how it is here. Unless you are unionized or have some sort of contract they need not have a reason at all to terminate you.

Feels like everyday I'm alone. Not because I don't have any friends around me at the time, just because no one understands what I really feel like everyday.

I pretend to be happy so I don't have to explain myself to people who'll never understand.

06/11/2012 03:29 PM  Top
timotheos
timotheos
 
Posts: 43
Member

no... I suppose i can't after the fact hmmm?

i just learned of it today D:

"Nobody said it would be easy, they just promised that it would be worth it."

"All I want in life's a little bit of love to take the pain away, Getting strong today, a giant step each day." - Spiritualized

Previous discussions I participated in:
Salt C protocol?
need new LLMD in PA...
MRI w/o contrast?

06/11/2012 05:14 PM  Top
Amberelise
Posts: 8
New Member

Did you fill out your FMLA forms before you went on leave? You should read up on FMLA here - http://www.dol.gov/whd/fmla/. It's federal, not state based, though some states have their own FMLA laws.

If you completed your FMLA, they are required to bring you back up to 12 weeks later. FMLA is unpaid time off, however.


Previous discussions I participated in:
Chicago LLMD Request
So Confused - Where Do We Start?

06/11/2012 05:48 PM  Top
timotheos
timotheos
 
Posts: 43
Member

i never filed while i was off so i am assuming i cannot file now?
"Nobody said it would be easy, they just promised that it would be worth it."

"All I want in life's a little bit of love to take the pain away, Getting strong today, a giant step each day." - Spiritualized

Previous discussions I participated in:
Salt C protocol?
need new LLMD in PA...
MRI w/o contrast?

06/18/2012 05:33 PM  Top
timotheos
timotheos
 
Posts: 43
Member

so does anyone know of an insurance plan i might be applicable for? my current insurance is up july 1st unless i pay $600+ to go into the COBRA plan... this is a lot of money to me and i would like to find a cheaper alternative.
"Nobody said it would be easy, they just promised that it would be worth it."

"All I want in life's a little bit of love to take the pain away, Getting strong today, a giant step each day." - Spiritualized

Previous discussions I participated in:
Salt C protocol?
need new LLMD in PA...
MRI w/o contrast?

06/18/2012 06:11 PM  Top
jileha
 
Posts: 158
Member

Check out the usual "suspects":

Blue Shield, Blue Cross, Aetna, Kaiser Permanente... Check out what's availabe in your area.

You might have to pay Cobra for a month, though, because you might not be able to start your new insurance by July 1.

I have Kaiser (Southern California). Apart from the fact that Kaiser doesn't pay for the proper lyme treatment (neither will the others in general), with all other health issues or procedures I had, I always felt very well taken care of there.

But best check with friends/family what their experiences with their insurances are. Facilities might vary. They all should offer different plans with different monthly premiums, co-payments, deductibles, etc. Hopefully you'll find something that fits your budget!


06/18/2012 07:18 PM  Top
toothfairy55
toothfairy55
 
Posts: 3856
Senior Member

You also might want to file for SS disability which can also be temporary. You at least wouldhave Medicare.

This is a long process, but if you are chronic it might be a good idea to start the paperwork now.

I personally think it might be illegal to fire you while you are out on disability. Its discrimination.

Carol

I am NOT a doctor, anything I share is based on my experience & research. I encourage you to discuss any and all information that I share with a health care provider.
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