Work Issues - Does this seem legit?

[Lexxtech18]

Hi everyone! I have been in my line of work for almost 5 years now. Currently I've been working at the same hospital for almost 3 consecutive years. Here is a little backstory:

When I was first hired into th company I had my second transplanted kidney for about a month. Things were going well health wise, and I told my manager and HR before I was even hired in that I had a transplant. I told them it was possible in the future it could fail and I would be in hospital quite a bit. They said that's fine and they would work with me when time came. Well, that time came three months later when I rejected and was in and out of hospital over the course of about 6 months. I worked as much as I could in between even while feeling very ill.

Anyway, through it all my manager harrassed me to no end saying if I missed another day they would fire and blacklist me. Being I was not there long enough to receive FMLA, I was forced to use PTO and the alotted number of sick days ( before they could fire me. In the end I decided to drop my status down to PRN so I could make my own schedules. But now that things are stable again I am back to full-time and have FMLA.

My question is: since Michigan is at "At-Will" work state, could the company still fire me if I become sick and end up back in hospital for some reason? Does this all seem legal? I don't have money for a lawyer and I love my job, the patients, coworkers, but the high ups have no compassion.

Thoughts?

[smcd23]

An "at-will" work state means that they can terminate you for any reason, or for no reason, however, it appears that medical reasons due to FMLA are an exception to that rule. The wikipedia page has a lot of info on it (and some of the legal stuff, too)

http://en.wikipedia.org/wiki/At-will_employment

If they let you go because you're sick, then I think they are breaking the law. If you are working and not sick yet, but they don't want to deal with FMLA or finding someone to cover you etc and they let you go for another reason when you're not sick, I'd think it would be legal, if that makes sense... if they do let you go you'd at least want to discuss with an attorney (consultations are usually free) to make sure everything was on the up and up. My friends mom is going through something similar so we've had a few discussions about this with an attorney friend) I would say document everything - ask for written copies of reprimands, performance reviews and appraisals etc in the event they do fire you because you were sick. If you have all glowing reviews, and their only complaint is that you're out a lot, and they know if your illness, I think that could be one of the exceptions.

[jbeany]

Consultations are usually only free if you are thinking of starting a lawsuit.  Sounds to me more like just gathering info to be prepared.

http://www.grbar.org/displaycommon.cfm?an=1&subarticlenbr=67

Are you any where near Grand Rapids?  The Bar Association there has a lawyer referral service.  For $25, you can meet with a lawyer for half an hour.  (With most of them running $300/hr, it's a bargain!) They will find out what your legal question is before sending you on to the next lawyer in rotation who specializes in the field - in this case,  employment law.  If you do as much research as you can before you go, and have all your questions lined up and ready to go, you could get a lot of answers for very little money.


If you aren't by GR, check around for local free or low-cost services. Google the bar association for the closest big city. Is there a nurse's union at your hospital?  Legal Aid services in the area?  Are you using Ticket to Work through SS disability?  Disability advocates might be an option as well.

Good luck!

[Lexxtech18]

I'm about an hour and a half south of GR (we go shopping up there all the time. lol) No nurse's union at my company, I doubt they're had a case much like mine before.

I recently switched from one hospital to another in my hometown, it is still under the same company as my old employer, but this area is waaaay less busy. Giving me time to actually sit and rest when I'm not feeling well on dialysis days. So that helps A LOT in the fight against not having to call-in so often. I'm hoping this switch will be much better for me in the long run.

Thank you both for the information! I really appreicate it!

[jbeany]

Wave north the next time you drive on 196 or 96 to go shopping - I'm right smack in the middle of all the shopping areas here in GR!   

[Lexxtech18]

Alright! I love the Grandville mall; I did my Make-A-Wish shopping spree there back in 2006. And it's nice to meet someone from my state! lol Next time you're down by the Benton Harbor area, send a wave my way! 

[ianch]

Its fair to say i was starting to struggle working and being in facility late last year.  Mostly because the clearance was too low, causing exhaustion, but also because to get that clearance the pump speed was 350 - which is draining.

The compensation was that the facility offers evening sessions for workers, so I was 6pm till 10pm.  Then went home and slept.

On nocturnal home hemo now and getting much better clearances, so work is easier and I do 50+ per week.   I do find that missing out on the sleep after can be a problem.  The first 2 or 3 hours are fine and then the tiredness creeps in which lowers my productivity.  The off session day I'm perfectly fine. 


I've minimized the above issue by playing with pump speeds and UF levels.  Figured out my optimal speed for 8 hours is 235 and under 2.3 litres - if I want a good day.   I can get over 2.0 Kt/V by pushing the pump speed to 260 - but not on a wok day loll

In general I feel Dialysis is very individual.  What works for one person may not work for another. 


   

   

[Lexxtech18]

I'm glad you found a system that works well for you! My job drives me nuts but it grounds me and keeps me from going crazy in my own self pity. Lol I'm having troubles with work again for calling off once last week for being sick in the ER. We are allowed 8 absences a year (we do not have excuse absences. All call off besides FMLA are absences) and I am at 6. My next absence falls off in February. My doctor is finally sending in my FMLA papers tomorrow do I'm hoping not to have too much trouble. I am one of only 2 Phlebs able to work at my hospital at this time so if I call in they're screwed and my boss made that very clear. It just blows my mind that someone can get terminated for being chronically ill. I always say it's not l'm out picking daisies! I get the same consequences as someone who calls in because they have a hangover. damn ridiculous.

[ianch]

I've been very lucky with my employer of 17 years.  HR assessed my file and decided i hadn't taken much sick leave so can start using it now.  They have been very generous.  I recall they advised my manager that the organization could be doing more to help me, which was surprising.     

I had to do 18 HomeD training sessions in the city and they paid for all of it, plus a lot of appointments last year before things settled down.

We also have an agreement on what happens on any future transplant, which could be 2-3 months off.