Advice on work situation

ginnyg898 · 10-11-2010, 02:44 PM

Hi All:

I wanted to get some feedback on the situation I find myself in with my employer. I work for a large legal documentation firm and I was very forthcoming when I was diagnosed with BC. At first, my boss was very sympathetic and said she would do anything possible to make life easy for me while I get through treatment. She offered a flexible schedule, working from home during treatment weeks, etc. However, in the 8 weeks since diagnosis she has made it clear that she is NOT happy with my absences due to tests/treatment; she picks at me about my absences rather frequently. She has refused any kind of work-from-home arrangement, and has basically said I need to 'step up' and work harder. Now that I have started chemo some days are really tough and the option to work from home would be a huge help physically. I recently spoke to the recruiter that placed me in my job and she suggested I revisit the conversation regarding flexible hours and call her if it does not help. I did...and it did not

Has anyone dealt with this kind of situation? I dont want to go on disability; I dont think I need to...but I also find myself completely stressed out about this situation. If I could afford to be home I sure would, but also not an option.

Any advice would be greatly appreciated.

chrisy · 10-11-2010, 03:33 PM

Hi Ginny,

Sorry you are dealing with this. Sometimes I forget how blessed I was/am to have an employer who truly does support me.

I see you are in California, so it would seem you have some options. There is State Disability and paid family leave - both of which are funded through payroll taxes. You probably have some legal protections, you need to find out what they are.

I'm not sure what your exact employment situation is, nor am I a labor attorney so you should probably just take this as "questions to ask"

There are 2 categories of information you need. The first is, what are your legal rights, and what is your employer required to do.

The second is, what is your employer willing to do to accomodate your needs given that this is a temporary situation. I live on both sides of this relationship and the reality is your employer may be sincere in WANTING to support you - but the reality is it is not easy. For you or them. But it can be worked out if both parties have the will.

Does your company have an HR department you could speak to about what the company policy is and what you would qualify for? How do they handle, say, a pregnancy leave?

For my company which is a small employer (and for me as a manager) it's important to have as much consistency as possible. If someone needs to take a month or 2 off, then I know I may need to bring in temp help. If someone needs to take every monday off for treatment, at least I know what to expect and can work around it. Assuming you want to continue with this employer (which might depend on how they treat you!), find out what they need and what reasonable accomodations they can make.

I know this may not be that helpful, just wanted you to know you are not alone.

ginnyg898 · 10-11-2010, 03:51 PM

Hi Chrisy: My boss IS the Director of HR

Unfortunately I am not eligible for FMLA since I have not been in my position for a year. I spoke briefly with my Oncologist who expressed surprise that my management was not being more supportive and offered to write a letter outlining my 'legal rights'. It seemed a bit combatitive so I am not going that route yet.

PatriceH · 10-11-2010, 04:42 PM

I would look into legal protections. The American Cancer Society has a plethera of information. There are probably some free advocacy services. California is a very employee-friendly state. At the minimum, Cancer is a disability, and an employer needs to make reasonable accommodation. Best of luck. We're here for you!

jellybean · 10-11-2010, 05:12 PM

Could you try scheduling chemo so as to minimize the time off from work? For example, I had TCH weekly on Thursdays, and so I was out on Thursday and Friday, but in on other days. (I actually could have worked on Friday, but everyone expected me to be out. In fact, people were surprised to see me at all.)

How about partial disability? I know that the State of California pays for that, as do some disability insurance programs.

I am surprised and sorry that your boss isn't more accomodating.

PatriceH · 10-11-2010, 06:43 PM

I also had treatment on Thursday and worked on Friday - people were amazed...but truthfully, I think it was the steroids that had me pumped up...But I usually was back at work on Monday.

hutchibk · 10-11-2010, 08:04 PM

I was just at a presentation tonight at Livestrong about their new patient navigation center here in Austin...

You need to call tomorrow and talk to either Stacey or Ashley who are the intake counselors... tell them you are having employment issues and they will put you in touch with an advocate at the PAF/Patient Advocate Foundation who can work with you on resolving this. Employer problems are one of their services.

You don't have to live in Austin, their services are for folks all around the country and the world, and they do mostly phone consultation at this time...

http://www.livestrong.org/Get-Help/G...On-One-Support

Jackie07 · 10-11-2010, 09:34 PM

Whatever the situation, do not 'resign'.

Doctors are used to writing such letters on their patients behalf. When my boss asked me for a letter from my neurosurgeon after I had been back for about a week, my doctor wrote a 'prescription' stating that I should work 2 hours a day the first week, 4 hours a day second week... 'depending on her strength...'

ginnyg898 · 10-12-2010, 10:13 AM

Thank you all for the amazing advice!

ginnyg898 · 11-02-2010, 01:31 PM

Hi All: Just as a follow up...

My Oncologist wrote my employer a letter stating that my current diagnosis is, in his opinion, temporary and he expressed that I will need no further treatment after this course of treatment ends. He asked that I be provided reasonable accomodations as well. I gave the letter to my boss; she ignored it.

She has said that I need to work harder or she will start considering that I may have 'performance issues' (yes, she did! ) Also said that if I am too sick to work I need to stay home, yet if I have too many more absences they will need to consider what is 'best for the company'. It is becoming fairly obvious that, in light of my diagnosis, she has pretty much given up on me.

Bad situation, but just trying to keep afloat amongst the stress and hope that this turns around.

Thank you all for giving me an outlet to vent.

KDR · 11-02-2010, 02:34 PM

Hi,
My first impression of your situation is: anger...that a woman (one in power at that) could be so calloused toward another, for one, and two, treating an employee so insensitively. Let's forget about the feelings here, and get to the business of it. Consult with a labor attorney, know your rights and exercise them.

candlegranny · 11-02-2010, 06:47 PM

i would go for disability and I would call Amercian Cancer Society to find out any avenues of rights you have. This lady you work for has to have a boss. Tell her you want to see her higher up. Sounds like she is just out to get you. You need to find any and all protection available to you quickly.

'lizbeth · 11-02-2010, 07:18 PM

Document everything that happens and that is said in detail. I'm so sorry that you have this extra stress. Being diagnosed and treated for cancer is tough enough!

hutchibk · 11-03-2010, 02:45 PM

Some people choose to devote all their energy to healing, while others find that working provides a good distraction. Of course, it all depends on how you're feeling. If you decide to take time off during the course of your treatment, remember that the Family and Medical Leave Act (U.S.) allows most workers 12 weeks of leave each year, due to, among other things, a serious illness. You cannot lose your job because of your absence. An employee need not take the leave all at once. If necessary he or she may take leave in weeks, days, or even hours. This leave can even include a shortened work week. The FMLA does not provide for paid leave. However, you may be covered by private disability insurance, which will allow you to be paid during your absence from work.

You cannot be discriminated against because of your illness. Most employees are protected by the Americans With Disabilities Act (ADA). Cancer is considered a disability for the purposes of this law. This means that your employer can't treat you any differently than other employees of the company and must make reasonable accommodations if necessary.

http://careerplanning.about.com/cs/l...s/a/cancer.htm

CLICK THIS LINK AND CALL SOME OF THE FOLKS LISTED. YOU HAVE RIGHTS AND YOUR EMPLOYER IS IN THE WRONG HERE. DON'T LEAVE IT AS IS, WITH ONLY A LETTER FROM YOUR DOC.

ginnyg898 · 11-03-2010, 03:09 PM

@hutchibk: Unfortunately, I am not covered under FMLA because I have not been at my job a full year

I was referred to a labor attorney this week and we have a call scheduled for tomorrow to discuss the specifics.

Thanks again to all for your support...

Cal-Gal · 11-04-2010, 01:05 PM

Hi Ginny--

ALMOST THE EXACT SITUATION HAPPENED TO ME---

I live in California and that made no difference!

I had started a new job and was diagnosed very soon thereafter--

At first all was well--but after about a month and right before my surgery things got nasty all the same stuff you are dealing with--

They ended up letting me go (firing me basically)right before my 3rd chemo treatment --(I had 6)---the official reason was
'change in management'

BUT they did the exact same thing--said I wasnt performing etc---

I WAS SO STRESSED OUT--I am single and I moved in with my daughter during treatment---

I did contact CLRC--Cancer Legal Resource Center--and basically they said that it is very difficult to bring a suit against and employer for this--because the official reason they let you go WILL NOT BE BECAUSE YOU HAVE CANCER---

I ended up going on unemployment---still on it---BTW all this happened in March of 2009---I also have COBRA at least for another two months---I am praying that I find a job soon!!!

In the end I felt that I probably was better off without this job and all the stress that it was causing--and just decided that everything happens for a reason--

I am finally feeling better finished my Herceptin a few months ago--

GOOD LUCK---Private message me if you have any other questions---

Jackie07 · 11-04-2010, 04:22 PM

Be sure the legal counsel you get is 'pro bono' so you don't need to pay them if you didn't win the case. In the meanwhile, check with your state disability department and find out if you qualify for any of their programs.

Three of my five surgeries happened while I was working full-time. Every one of my employers tried to kick me out as soon as possible. However, by law, a person's (permanent)job is reserved for one year after a major medical procedure. Sounded like you are in a contracted out employment situation, so you really need to talk to the labor department/attorneys.

ginnyg898 · 11-04-2010, 04:31 PM

@Jackie07: I am actually a full time employee. I was unaware of the law regarding holding an employee's position for 1 year after a medical procedure...that is great information!

I had a phone consultation with a labor attorney this afternoon. He said that while still employed, there is little I can do but put up with the treatment being given. However, he did say that if I was terminated or forced out on disability to call him as he feels I would have a strong case. Thank goodness I am a stickler for documenting everything

Thanks again ladies for all the support and great information.

BTW: Bone Pain Really SUCKS!!!

Catherine · 11-06-2010, 08:09 PM

Ginny,

I do not know anything about labor law, but I wanted to share one similarity we have. I had chemo before surgery to shrink my tumors. It worked and my oncologist was very pleased. I am hoping that it will all work for you too. Very sorry about the mean boss and I hope you are able to keep or save your job. Treatment is a temporary situation for most of us. I, too, am shocked about the mean bosses out there. Glad that Hutch and others have given you good advice. Remember you have all of us behind you and with you.

ginnyg898 · 11-09-2010, 11:17 AM

@Catherine...thank you for the kind words

The boss is really making her unhappiness known. I was out at a dr's appt yesterday and she had the staff move my workstation and all of my things across the floor from the rest of my team. She is a real piece of work!