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Posted 9/9/2013 11:30 PM (GMT 0)
So my boss fired me due to an obvious mistake on my timesheet due to my doctors appointment and I'm freaking out. On top of me being sick, I have a kid in remission. And now we are losing our medical insurance. I'm sorry, I know this is off topic but I'm crushed and scared right now. My doctor has wanted me to go on disability for a while, I guess I may need to look into that.

I'm so bummed :-( cry
Posted 9/9/2013 11:55 PM (GMT 0)
I am shocked and so sorry for you. What a terrible blow with everything else that is on your plate. I don't know what state you live in, but in some states, even if you are "fired", you can still qualify for unemployment compensation, especially if you did nothing considered malicious on your end. That would be worth checking into. I know its not a total solution.

The disability route is a good idea, but it is a long process for most people. I know it was for me. My advice, from what I went through to get approved, is to get a first class proven Disability Attorney right from day one, they work on contingency based on your total claim. After being denied twice, on my own efforts, I engaged a great lawyer, and within a few months, it was settled quickly and more fairly than I ever could have hoped. And due to the delays in the process, I was qualified for Medicare as soon as my case was settled.

Hope things look up for you, I really feel bad hearing about this. Especially in our troubled economic times.

David
Posted 9/10/2013 12:14 AM (GMT 0)
Thanks David, they aren't protesting my unemployment so I'm going to apply tomorrow. I pray we don't lose our townhouse that we just got but what can you do, ya know? I'm just going to put my nose to the grindstone and try to find something else. I'm already starting to feel a bad flare up coming on and I can't afford to be sick right now (timewise). I have insurance through the end of the month so I'm hoping my doctor will see me and help me figure out what to do when my benefits are gone.

I'm just bummed right now.

Thanks for your suggestions. I will look into an attorney tomorrow. I used to receive SSI for my son because of his asthma but I was denied the first time too. When I sent in the appeal I was approved. From what I hear its not that easy anymore though.
Posted 9/10/2013 12:26 AM (GMT 0)
My god...they fired you over a time-sheet error? I'm guessing first time offense?

Sounds like they were just looking for a reason to let you, or someone, go...

I'll pray/send positive thoughts your way in hopes things start looking up for you!
Posted 9/10/2013 12:29 AM (GMT 0)
Yea, it was and I'm the highest producer on my team. She was definitely looking to let me go. Probably because of my illness and having to miss time for doctors appointments and everything. She made comments about my illness that she never should have made and recently an HR rep talked to her about it. I should have seen the writing on the wall after that.

Thanks for the words of encourgement.
Posted 9/10/2013 12:31 AM (GMT 0)
Wow...that sounds like a lawsuit waiting to happen.
Posted 9/10/2013 12:32 AM (GMT 0)
Glad they won't protest your unemployment, that should make that part easier for you, though in most states there is some waiting period, like 1-3 weeks. In SC now, you can do all the initial filing from your own PC at home.

Was your employer large enough to have to provide you with COBRA, so that if you could afford the premiums, at least your health insurance could be carried forward? Smaller firms are not required to offer it, and unfortunately, for many people, the COBRA premiums are cost prohibitive to someone out of work. Kind of an unpleasant catch-22.

If a good SSD attorney thinks you have a solid case, they will love to work with you, and they know how to get around some of the red tape and stalls that are built into the system. So many people, especially older worker (age 50 plus) have filed for SSD, that it has become a much harder and longer process to work through - thus my suggestion from experience about having a lawyer from the start. Had I done so, I could have cut at least a full year off the process.

If you don't mind me asking, what kind of work do you do? Is it something that can be fairly easy to replace, or do you have some unique niche type skills?

David

Post Edited (Purgatory) : 9/9/2013 8:36:04 PM (GMT-6)

Posted 9/10/2013 12:38 AM (GMT 0)
I worked for JP Morgan Chase in their processing office for VA mortgages. Nothing really unique but I'm fast and a quick leaner. They had me learn everyone else's jobs because of my abilities.

I'm going to contact an attorney to see if I can sue for my job back but it was at will employment so I'm not very hopeful. I'll just see what they say. She made lots of references to my having to miss (all FMLA covered) and the fact I had to go to the restroom more often than others (I was moved to a desk closer to the restrooms by medical necessity that they got from my doctor).

I don't want money from the bank, I just want my job back. :-(
Posted 9/10/2013 12:55 AM (GMT 0)
SSI is based on disability and income and resources. SSDI is based on disability and work credits. The links below may give you some basic information regarding SSI and SSDI. The List Of Impairments is different for a child than for a adult. I have also put that info below.

If your state is expanding Medicaid Jan 1, 2014, you and your family may qualify for Medicaid. If your son is approved for SSI he will automatically receive Medicaid. SSDI comes with Medicare 24 months after you become eligible for SSDI. The SSDI process can be a long process that may take several yrs. The sooner you file the better off you and your family will be. If you are approved for SSDI and you have enough work credits and your son will also be able to draw from your benefits. SSDI is usually more than SSI. The federal monthly max for SSI 2013 is $710

Supplemental Security Income (SSI)-
http://www.socialsecurity.gov/pubs/EN-05-11000.pdf

Social Security Disability Benefits (SSDI)-
http://www.ssa.gov/pubs/EN-05-10029.pdf

Impairment list to determine disability-Adult-
http://www.socialsecurity.gov/disability/professionals/bluebook/AdultListings.htm

Listing Of Impairments - Child-
http://www.socialsecurity.gov/disability/professionals/bluebook/ChildhoodListings.htm
Posted 9/10/2013 12:57 AM (GMT 0)
Oh man I'm so sorry to hear this. The aren't disputing the unemployment because they know they'd have issues with them. JP Morgan Chase is a good size company and they should be able to offer COBRA, if you can afford it. I would contact the HR department and inquire about it.

I know that you BOTH need health insurance, but if you can't get the COBRA, I know some state will offer immediate health insurance for children. I would think with your son in remission that he would qualify right away for the insurance. They may even be able to put you on a health insurance too.

I sure hope that your Doctor will be able to see you ASAP and help you through this flare that's coming on. This is just a terrible thing to happen. As David recommended you should get a SSDI attorney and apply for your disability. I know with mine I applied and even with all my issues because of my age it took 3 1/2 years before I had a hearing before a judge to get my benefits. Like David, because of the time lapse I qualified for Medicare right away.

As far as paying for the attorney they collect when your case is settled. I received 4 years of back pay and my attorney' fees were removed from my check. My attorney couldn't get more than $5,300 or something like that max. I believe he said it was 30% or a max of the $5,300.

Also, if you're approved for SSDI your son will qualify also, when my daughter was under the age of 18 she received a monthly check for her expense which was drawn off my claim. So say your claim is approved and the max you can receive is $1,000.00 and they say that the child qualifies for $200.00 your son would $200.00 and you may or may not get the full $800.00 that's left. My daughter too received 4 years of back pay from SSDI, you do have to claim each years payments on your income tax return. They do it that way so you're not smacked to hard tax wise.

I know if you qualify income wise a lot of states Medicaid will pay your Medicare premium. In my case my spouse is employed and don't qualify so I pay $100.00 monthly for my Medicare which is deducted from my check prior to getting my monthly deposit.

I'll keep you and your son in my prayers and I sure hope things work out well for you. Try not to worry about your townhouse right now. Take one things at a time and try not let yourself not get rest. That will only make your flare worse.

Big Hugs,
Barbara
Posted 9/10/2013 1:20 AM (GMT 0)
Dang, QT I hate to hear that! Have to agree it sounds like you were on the "find an excuse " list. Not uncommon for folks with disablities. JP Morgan at that! They make an unholy amount of money off the governmen programs that service the poor and disabled by turning out the majority of food stamp cards,high end prepaid debit cards for direct deposits, etcetera at their card service center.

Unemployment is an option even if you have to wait a few weeks as is disability but not sure if the 6 months off work still applies. Been 12 years since I went to battle with them. Just make sure your Drs are on the same page and your keeping good records of appts and tests, treatments and procedures. Dont rely on the providers of any of that to get it to SS. Always have the information at hand.

If it turns out disability is the route you take there are ways to speed up the process at certain points and I will provide that to you when you cross that bridge.

Apply for Medicaid now as the process can up to 60 days.

Good luck and dont let the fear throw you into a full blown flare!
Posted 9/10/2013 1:32 AM (GMT 0)
Dang.Really sorry to hear that.If you're ready to go on Disability maybe they won't make you go through the appeals process.I tried to work about 6 years too long.Friends were telling me that I needed to apply.It was just hard to accept.When the Federal Judge(Video feed from B'ham)read the laundry list of what all was wrong with my body,it was pretty emotional for me.

God Bless You and Comfort You,
Rick
Posted 9/10/2013 1:41 AM (GMT 0)
Ohh No Lindsey, I'm so sorry to hear this. But I can't see a valid reason why they fired you... Over a time-sheet error? It makes no sense to me. It doesn't seem right.
Don't they have procedures to follow? Like verbal warning first, then written/disciplinary action, suspension, etc...? I know we have to follow this procedure for the company I work for. If not, employees will sue us and win (This happened previously)

Please let us know what your lawyer says.

Thanks

UA
Posted 9/10/2013 1:53 AM (GMT 0)
I'm very sorry to hear about your job loss. I honestly believe they were looking for anything to get rid of you based on future insurance claims you would need and future missed work they anticipate. I'd check with local disability advocates or lawyers or any other agency you think might have the answer to find out if it's a case of discrimination based on illness. It's got to be illegal. A simple mistake on a time sheet is such a small detail and should not ruin a career. Fight back with every ounce of strength you have and do not give up. You can get your job back. Stronglady
Posted 9/10/2013 2:05 AM (GMT 0)
I think UA since it was at "at will " position they probably were able to forego normal firing procedures. I've noticed more and more of those types of positions being offered lately.

Im thinking exactly for this kind of reason, they basically can let you go without any reason given.
Posted 9/10/2013 2:33 AM (GMT 0)
Linds....

This is definitely on topic.... and I don't blame you for being upset over it. I'm really sorry. The others have already given you some good advice.... so I won't add anything there. Just wanted you to know that I'll be praying for your health to remain stable and that this situation works itself out quickly for you - whatever the "right" outcome is (hopefully a new job, quickly).

--Tina
Posted 9/10/2013 2:45 AM (GMT 0)
South Carolina is a "right to work" state, which in reality translates to a right to be fired at will state. Here, it would be pointless to try to sue to get one's job back in most cases, and few, if any attorney's would take on the case. Not saying that to discourage you, but that is how it ends up being with the "at will portion". They literally do not have to give a reason.

After my 3rd cancer bout of porocarcinoma, my employer "laid me off", didn't fire me per say. They were self insured, and all my operations, treatments, radiation, and PT was costing them a fortune. At that time, I was the head of all IT Operations for a six-state operation for them. My work record was perfect and I nearly had 8 years on the job. So they knew they couldn't fire me, so they eliminated my entire department, claiming they were going to try to outsource IT in the future. Not only did I lose my job, but the 4 people that worked under me got laid off too. They pretended to outsource for about six months, then I had heard, they rebuilt my former department and hired all new people. They were sick of my medical expenses and missing times.

I threw a big stink, and ultimately got them to pay me 3 months severance, plus unemployment. My co-workers got nothing but unemployment.

So dirty deals like this happen all the time, and in the right to work states, there is little recourse unfortunately.

With you skills and experience, hopefully you won't be out of work for too long. If you lived anywhere near me, I would have been more than happy to use every contact I ever had in the business world to help you.

So hope you get through this without it really doing any serious damage to both your ongoing health issues and to your personal finances.

David
Posted 9/10/2013 2:46 AM (GMT 0)
Wow, nothing like a good ol' kick in the teeth! I am SO sorry this happened to you. I'm with the others - definitely sounds like they were just looking for a reason. I do know exactly how you feel and it stinks - royally! My family lost everything over the past 3 years - job, home, storage unit with 46 years of my life in it - everything, and even 2 of our cats (that I consider family members!). And it all started with a workplace injury. Ultimately, other things occurred, but it all began with a stupid piece of faulty scaffolding on a job site! My fiance was let go for something that EVERYONE did regularly - so we both knew that the real reason was the injury - one that THEY caused. So please find out exactly what your rights are.

You will be in my thoughts and prayers. I'm sure it will all work out - just take things one at a time...one day at a time....even one hour at a time! And please don't be scared by what happened to my family - like I said, other things played into what ultimately happened to us.

There are some folks here who are very knowledgeable with the whole disability process - so if that's the route you decide to go, I'm sure they'll be available to help you through the journey!
Posted 9/10/2013 3:12 AM (GMT 0)
So sorry to hear of this added stress in your life!!

I believe you should speak to an attorney ASAP
re: your rights & protections, including those of FMLA, unemployment as well as disability.

Also s/he can determine if you were fired for cause - that term is not as simple as it sounds !

I have worked in at least 15 states & know from personal experiences that legal interpretation of regulations are best determined by an attorney, not the person (you might be able to contact) at employment office or the company's HR department !!

Unemployment. - Unemployment regulations vary by state..
you may find that you are not entitled to receive $$ if your Dr. states you are disabled..
However, you may be entitled unemployment $$.. &, if you can collect $$ now you will have money coming in & may qualify for some state benefits also.

But, a possible 'catch' may be, if dr later states you were disabled as soon as you were released from your job & your state does not pay unemployment to disabled, you will have to repay it. I want to caution you so you do not find yourself in that situation. I was temporarily disabled once & could collect in one state, yet, same condition , same year, another state I could not !!

Make phone calls, research online & keep records of what you find, who tells you what & their contact information, along with dates.

The very best to you.. many opportunities are presenting themselves to you now & knowledgeable advice is imperative.
Posted 9/10/2013 3:37 AM (GMT 0)
Thank you all for the advice and words of comfort. I feel very blessed to have so many people who've never met us personally that care about us and offered prayers and advice. We'll take all we can get of both! I live in Michigan and I know that my chances of getting my job back are slim to none. I'm just going to ask some questions so at least I know I tried.

I'm going to probably look for a new job too. I'm afraid that disability will not be enough to raise two kids on my own. Chase does offer Cobra and according to HR, since I have a Health Savings Account the premiums aren't so bad. I'd already met my deductible for the year so its about two hundred a month for all three of us. That's not so bad.

I do believe that everything happens for a reason so there must be something better out there for me. I get to witness a miracle. My doctor was afraid my job was causing a lot of stress in my life and he was suggesting I look elsewhere so when I see him next week we are going to put our heads together. We also moved my monthly appointment (from Oct 1st to Sept 30) up a day so I will still have coverage.

I'll keep you all posted. And again, thank you so much for the posts above. I am deeply touched that you all care so much. I really feel like a part of the family here. I'm a lucky girl (didn't think I'd say that today)
Posted 9/10/2013 7:08 AM (GMT 0)
I don't know if you can afford that or not, but from experience, that is a very low, low rate for Cobra
insurance, sounds like a great deal to me. I know of people first hand that pay as much as 2,000 a month for full family Cobra policies. At least under the provisions of the ACA, there will be no danger of you having pre-existing conditions in the future, which is a blessing. It's best to never have a gap in health insurance, but under your circumstances, I am sure you are and will be doing the best you can.

David
Posted 9/10/2013 11:09 AM (GMT 0)
Lindsey, I'm so sorry about this. It drives me crazy to hear about things like this, plus with Michigan now being a "right to work" state might make things more difficult. I won't go off on any tangents, because obviously, it wouldn't do you any good, but I will pray for you.

I do want to say, though that I can recommend an amazing law firm located here in Ohio, they are one of the BEST firms, and many of the attorneys do practice in Michigan, they can help with disability as well as your work place issues. Just an FYI, I do not work for them in any way shape or form. But they are the best and not too far from you. So if you decide you want to talk to them and see what they can do to help, or just want their contact info for a later date, just let me know and I can e-mail it to you.

Oh, one other thing, if you don't mind a "small" commute, I can forward your resume to a few contact I have here.
Posted 9/10/2013 11:32 AM (GMT 0)
Maybe she can somehow claim this emergency op from the blockage she's now hospitalized for bore some influence on her job performance yesterday. Obviously she had this going on while working yesterday when they fired her for some kind of oversight. Less than 12 hours later she lands in the hospital?

She has to have been having a bad time of it.

Possibilities?
Posted 9/10/2013 12:02 PM (GMT 0)
Ohhhh... Thanks for the clarification Vickie. I understand better now after doing some research. We don't have that type of employment here.

I still find it's unfair though. I read that courts usually deny the employee any claim resulting in dismissal. I see there are still some things the employer must follow before firing an employee. I hope something can work out and your lawyer will be able to help you out somehow Linds.

I understand the type of employment but I just think it's unreasonable how you were fired.

Keep us updated on what happens.

Thanks

UA
Posted 9/10/2013 12:19 PM (GMT 0)
Here in Ohio, yes they can fire you for any reason (even though we aren't right to work yet) BUT they CANNOT fire you because of race, gender, sexual orientation, religion, age (over 55) or because of disabilities. She may very well have a claim based on her medical condition. That's why it couldn't hurt to at least seek out some legal advice.
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