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Employment Woes, Please Help If You Can

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mtlieb Find out more about mtlieb
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  • Lisa Salberg
    replied
    It sounds odd to me ...they should shut up and pay up..honestly based on our conversation..You may have rights under ADA that you may be able to cause them a great many head aches over...they need to think about that!....
    Also a letter from a lawer to the company simply asking them your ADA status and why they are contesting your unemployment may make them stop in there tracks...
    Think about it.
    Lisa

    Leave a comment:


  • mtlieb
    replied
    Lisa and Greg,

    I was just getting ready to reply when i saw Lisa's post! Thanks Lisa, and of course you were right on the money. The nature of my job IS to do the heavy grunt work. That's what a field technician does, and there's really no reasonable accomodation that my employer could be expected to make for that. I also did not know at the time that my disability was covered under the ADA, but at least to some degree i believe my employer had some responsibility to inform me of those rights. What i really don't understand is why they are fighting my unemployment. Wouldn't you think they'd just count their blessings and let me go on my way? Wouldn't it be to their benefit to do so? I imagine there are options available to me that, if i were so inclined, could make them a whole lot unhappier than they are now. I just don't like being that way, but if they back me into a corner, i WILL come out fighting. Grrrrrr.

    Jim

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  • Lisa Salberg
    replied
    Hi Greg...did not know you were a visitor to the site!
    RE the ADA issues we have been there on this situation...the only accomidation available (due to the nature of the work) required a long commute to a new location...not really an option...
    BUT it is something that I do believe he needs to talk to a lawer about as his benefits must stay in tact at the very least.
    Also he had no health coverage so there is no COBRA option..it is unemployment we are seeking.
    Lisa

    Leave a comment:


  • gcmohr
    replied
    ADA info.

    The ADA requires that your employer tries to accomodate your diability. I just went to a seminar Thursday in NJ, and this was specifically stated by a labor attorney as the primary reason an employer loses a lawsuit...they did not attempt to accomodate the employee. They must consider reasonable alternatives. I inquired about what that meant and was informed that the employer must make a resonable attempt to consider alternatives. If the alternatives, and this is the key point, lead to "unreasonable hardships" then they may terminate you. Your situation seems to indicate that your employer did not "make a resonable attempt" to see if you could work in a different capacity at the company. This would, in my opinion be in violation of the ADA and I strongly urge you to contact a labor attorney.

    Leave a comment:


  • mtlieb
    replied
    Well, the dance continues...

    My employer is fighting my unemployment, in the belief that this 'ailment' of mine is not sufficient cause to leave my job. LOL. The unemployment people are being sooooo nice, however, and basically all i need is a doctor to say 'yes, he has HCM' and 'yes, by continuing to do heavy labor he is putting his health at risk'. They are practically begging me to get them what they need because they really don't want to deny my benefits.

    Only problem is, my doctor, the one who told me not to return to work in the first place, and was so concerned for my health, has suddenly become very ambiguous in his wording, and when writing the unemployment people made it sound like i had some temporary disability and if i got proper medical attention i could possibly go back to my old job. What? That's not what he told me before. Something 'smelly' is afoot here

    At any rate, i have some numbers for free legal aid to appeal the decision. But in the meantime, the unemployment folks (so nice) have given me some extra time to get documentation backing up the fact that i can no longer do heavy labor because of my HCM. If i can get a consultation with someone before then there won't be any need to pursue this legally.

    Yikes!

    Jim

    Leave a comment:


  • Linda
    replied
    Jim, this all sounds like pretty good news, so far. Now I assume you will be in PA? Call Lisa in a few days(let her antibiotics work their magic first) and get the name and # for an HCM specialist. What part of PA will you be in? Get a treatment plan started for your HCM! I'm really happy for you, you've also given some good info for others in similar situations. It's great when people share the good news too. Linda

    Leave a comment:


  • Lisa Salberg
    replied
    BYE THAT PLAN TODAY! That is great coverage...How to they view pre-existing conditions?
    The price is unbeatable... I have been in benefit management for 15 years that is an great price... I will bet the network is small and you will bave to read the small print very carefully. But it sounds very good for the price!

    and just for the record...being a human resource manager for over 15 years...not all companies are big meanies ...some of us really do care about our employees

    Lisa

    Leave a comment:


  • mtlieb
    replied
    Hi Again,

    I got some more detailed info on the Adult Basic health insurance program, and if you're a PA resident without health insurance right now please look into it...

    *Blue Cross/Blue Shield coverage
    *Doctor Visits, 5.00 co-pay
    *Visits to a specialist, 10.00 co-pay
    *Emergency Services, 25.00 co-pay (waived if admitted)
    *Prescriptions, discounted, 100% covered if ongoing and life-sustaining
    *Everything else is 100% covered (inpatient and outpatient surgery, testing, etc.)
    *Premium, 30.00 per month, coverage for 1 full year then re-evaluated
    *Immediate coverage, no pre-existing condition clause
    *PA Adult Basic toll-free information number, 1-800-462-2742

    I hope this is of some help to at least one other person out there. Even if you're not a PA resident, similar group insurance plans may be available in your state. PA just enacted this plan last year with the tobacco settlement money they recieved, so yours may be doing something very similar. This has turned out to be a lifesaver for me, or at least it will, once i am accepted on the plan and begin coverage. At least there's hope

    Jim

    Leave a comment:


  • Sarah
    replied
    good news

    Dear Jim,

    Glad to hear one hurdle is behind you, at least.

    I'm feeling a little better, but not looking forward to attending pre-paid seminar I've already put off three times and can't reschedule anymore while I have this cold. Oh well.

    BC/BS of Illinois offers insurance to those who are ineligible for private coverage, only you have to pay the whole premium yourself. It may be adjusted for those without any income, though---my dad being a lawyer, my mom had to pay full price for the coverage --about 4-500 a month.

    Many states have such plans, usually called risk pools and you can find them through your state's dept of health and human services.

    S

    Leave a comment:


  • mtlieb
    replied
    Swanson,

    To answer your question, PA offers this program through local blue cross/blue shield providers to provide group health insurance to people who are without it. It's called Adult Basic, and unlike Medicaid i will pay a portion of my premium just as if the insurance was being provided to me by an employer, in this case, the state of PA. It's 30.00 per month, and covers doctor visits, inpatient and outpatient surgery, diagnostic and testing services, rehabilitative care, low-cost prescriptions, emergency care, and a bunch of other stuff. The program is funded entirely by tobacco settlement money.

    Income plays a part in eligibility for it, but also in my case, since i am unable to get insurance by any other means, nobody will carry me, and there are medications i should be taking that are considered life-sustaining. Once i get my insurance card, it is good for an entire year before i have to re-apply. This helps a great deal, because even if i get employment tomorrow with full benefits, it could be up to a year before i am covered.

    I would be surprised if a lot of other states haven't enacted similar programs, and when you think about it, it just makes a whole lot of sense. There's a lot of us out here without insurance either because we are unemployed, or because our employers don't provide it, or because we are considered 'uninsurable' and can't get it on our own. Programs like this allow us to pay a portion of our own premiums, it's not a handout, and we get group coverage just like everyone else. Of course i'm not on the plan yet, and who knows what lies ahead

    Hope this explained everything, and sorry i tend to get a bit long-winded once i get going... blah, blah, blah!

    Jim

    Leave a comment:


  • Swanson
    replied
    Unemployment benefits

    I had a similar problem after quitting a job however, this was 15 years ago and in California. My advice may still apply though, if your unemployment is denied you should appeal the decision. I have HCM and a former employer was refusing to pay my unemployment after I moved to another town. The reason was I had refused to work late night or graveyard shifts because lack of sleep would and did affect my health and condition. I appealed and won my case the former employer and the EDD were told they had to pay me unemployment because they don't have the right to expect you to endanger your health for a paycheck. I am curious is the program through blue cross/blue shield a major risk program? I hope things get better for you soon.

    Leave a comment:


  • Swanson
    replied
    Unemployment benefits

    I had a similar problem after quitting a job however, this was 15 years ago and in California. My advice may still apply though, if your unemployment is denied you should appeal the decision. I have HCM and a former employer was refusing to pay my unemployment after I moved to another town. The reason was I had refused to work late night or graveyard shifts because lack of sleep would and did affect my health and condition. I appealed and won my case the former employer and the EDD were told they had to pay me unemployment because they don't have the right to expect you to endanger your health for a paycheck. I am curious is the program through blue cross/blue shield a major risk program? I hope things get better for you soon.

    Leave a comment:


  • mtlieb
    replied
    Thanks Reenie and Sarah!

    Sarah, i'm sorry to hear your head's still full of crud

    I do not have health coverage. My employer did not provide it for me, and i couldn't get it on my own because all the plans i applied to wouldn't accept me with my history of cancer. However, PA offers a low-cost plan through Blue Cross / Blue Shield that i qualify for, but i needed my financial determination from unemployment before i could submit my application

    It sounds like a really good plan, there's no waiting period, no pre-existing condition clause, i get covered right away, and they even go back three months and help cover medical bills i've already accrued.

    Let's hope this step goes a little smoother

    Hope you get feeling better real soon Sarah!

    Jim

    Leave a comment:


  • Sarah
    replied
    insurance

    I thought Jim said he didn't have any coverage? Maybe I'm hallucinating again. Anyway, I'm too tired to go back and check. My head is full of crud. It is 9 pm here and I'm going to bed. Last night I went to sleep at 7:30 and pretty much slept through the night. Afib plus a cold will do that to you. agh.

    Jim, keep us posted.

    S

    Leave a comment:


  • Reenie
    replied
    Jim,

    I'm so happy for you!!

    Now, keep the meanines at bay.

    Keep us posted on your care and the job situation.

    Reenie

    Leave a comment:

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