Dialysis and Job Security

[Bajanne]

I still haven't told my employer about my illness.  Fortunately, I get a lot of time off (people who work in mental health get time off rather than good pay) - so I've been able to go to doctor's appts and even schedule surgery to have my PD access put in (in Feb) without anyone being the wiser.  I even have 8 weeks of time off built up so that I will be paid the whole time when I eventually have a transplant.  But I still have to protect myself - you never know how people are going to react when the find out and I need my job.  I have a friend whose boss fired him while he was on dialysis.  At first, they accused him of using drugs because of the way his arms looked from the hemo.  When he told them what was really going on, they fired him on the spot.  The boss said having him work there might drive up the health insurance rates for the company!  I told my friend he should sue, but he didn't have the energy to fight the situation.

Laura

New thread started - Bajanne/Moderator

[Bajanne]

This topic really touched me, since this year finds me in a precarious position.  When I started dialysis, it was at the beginning of the Fall term 2005, and there wasn't much the authorities could do.  Someone held on for me until the nephro said I could work as normal.     I tried my best and worked as normal.  However I do have to leave school at midday, three days a week.
The problem is that I don't have tenure as I am not a national of this country.  My appointment is usually renewed every two years.  Well, I started hearing some talk last year that they were not going to let me continue.  I took the bull by the horns and went to the Department of Education and spoke with the Personnel Officer.  But you see, I still had a year left of my appointment so I could work that one out.
Now this year, everything is different.  My appointment is up this year, and I am wondering if they will renew.  I must be a big drain on their insurance (when I started in 2005, dialysis was free) and I am sure the company would love to get rid of me!
Has anyone else who is quite able to work had their job taken away, or threatened?

[livecam]

I think you are in the U.S. The Americans with Disabilities Act prevents them from discriminating against you because of your medical condition.  If they have indicated that they would not renew your contract because of your kidney issue they could be in trouble.  They are also required to provide reasonable accommodations because of your illness.  If you sense a problem you might want to update them on their responsibilities under the act.

[Rerun]

Talk to a lawyer.  It is worth the $100 for peace of mind.

[angieskidney]

Companies know ways around the rules ... and to them it is worth it to screw you. Listen to Rerun and get a Lawyer. Some places have student laywers or those lawyers for the poor (I don't know what they are called but the court system uses them).

In Canada they can't "dismiss you simply for a medical condition" like in the States but anyone could tell you they can find a way around that .. simply by watching you and finding any little thing to use as an excuse for firing you or not continuing your employment.  I was working 9 long years in a job where I was climbing the ladder and getting huge recognition. I was so proud of myself as I worked many other jobs but never got anywhere that would make it a career. This time I was so happy and then ... crap ... I lost the transplant and had to go on CAPD which is 4 times a day every day. Work said I couldn't do it there and the shortest shift they had was 8 (I was working 12). Still with 8 I couldn't hold the position I was in that was hard to get into (I actually got the position by a flook as they usually only hired college trained people and since I took over for someone who went to france I learned on the job better than the next person who they paid for training). When I realized I couldn't keep the job I felt like everything that I had ever worked for was gone. Everything .. I got so depressed and started feeling so sorry for my situation as I felt like there was absolutely nothing I could do. There was no union in that job and I couldn't even think of any compromise. There was simply nothing. So I quit that job and applied to the store I work at now simply because it has a union and I knew that was better than nothing. I refuse to just sit on my butt without a job, even if I only work a few tiny hours per week. But still ... I no longer have that job satisfaction I once had. Sure I have more job security now but I am not exactly going anywhere now. And in the department I first was in, in this store (I am now in another department), coworkers would say, "Why are you here? Why don't you just sit on disability! You are just in the way! Go home!" They were so mean that so many times I wanted to cry but you don't do that at work. I even ended up with Umbilical hernia because I tried to do my best after getting the PD catheter in. The department manager told me there was NO light duty! What else could I do? I didn't want to lose my job! Maybe I should have went to the union but it was near the beginning of my employment at that store and with just losing the job at the 9 year career I didn't want to lose another. Still I think back and think, "I should have went to the union about this!" but I was scared. I never worked for a job with a union before! So .. I never pushed the issue. I went as far as getting the complaint forms but never filled them out.

I would say getting a lawyer is a good idea so you are not alone in this. They can save you a LOT of heartache and there usually is some way to get one cheap. Maybe the phone book or your local court and get a public defender.

[sandman]

Some places have student lawyers or those lawyers for the poor (I don't know what they are called but the court system uses them).

They are called "Public Defenders".  I too agree.  In the US, your rights to work are defended, giving that you can still perform the job at a satisfactory level and are not a health threat to the general public.

[glitter]

bajanne2000 wrote

i forgot to say where I am from.  I am originally from the island country of Barbados (southern Caribbean) but I have been living in the Virgin Islands for the last 8 years.

You don't have any protections for employment? No disability laws? I hope they see your worth is so obvious.

[mallory]

Bajanne, I am sorry to hear this.  I still work, but I worry a lot about the future.  My boss has been very understanding so far, but I have had to take a lot of time off.  I have the vacation and the sick time, but still, it has had an impact to my team.

I worry that even though there are disability laws that could protect me, they won't be foolish enough to say they're letting me go because of my illness, they'll cook up some other excuse.  Then it would be difficult to fight. 

I do think you should talk to an attorney.  At least understand very clearly what your rights are.  Like my Grandma always said, forewarned is forearmed.

[angela515]

When I first went on dialysis I went out on short term disability. Due to my living situation and the father of my kids unable to help with our children, I couldnt return back to work. I then had to apply for long-term disability. I received long term disability for a year, and then if I didn't return to work by April 2005 I would lose my position. I recieved the letter and lost my position, I was not fired though, so I can return to work there when I choose to apply. I plan on re-applying when I am healed up and the dr's say it's ok and I have a babysitter for my kids when they get out of school. Im looking forward to working again, and am willing to work my way up again as I love that job. However I am going to school for something totally in another field... I will continue to do that. Then when I graduate we shall see where I am at in the company and if a new job would pay better or not to decide if I move on or not.

I would get a lawyer if I were you.

[Bajanne]

I don't think you guys understand.  My appointment each time is only for two years.  They have the option to rehire or allow me to go every two years.  This year will be the end of my 5th appointment - I would have been here for 10 years.  But I got ill the second half of my last two year appointment.  The appointment is with the understanding that either side can end it with 3 months notice.  So they did not get rid of me last year.  Now this year my appointment comes up again.  They can reject my letter applying to be rehired, and have no legal obligation since I do not have tenure.

[livecam]

Any good lawyer is going to be able to correlate your illness with the fact that they might not renew your contract.  The first thing the lawyer is going to say is "She has been working here for 10 years with a good record, what has changed".  We're just trying to advocate for you.  I've heard stories about people who have been screwed by employers who found out about their medical condition.  I know some of what you can do to defend yourself if something like that happens.  The good thing is right now you are working and nobody has said that they won't renew your contract.  Maybe try to relax a little but keep your ducks in order if you have to defend yourself.

[glitter]

I don't think you guys understand.  My appointment each time is only for two years.  They have the option to rehire or allow me to go every two years.  This year will be the end of my 5th appointment - I would have been here for 10 years.  But I got ill the second half of my last two year appointment.  The appointment is with the understanding that either side can end it with 3 months notice.  So they did not get rid of me last year.  Now this year my appointment comes up again.  They can reject my letter applying to be rehired, and have no legal obligation since I do not have tenure.

I do understand I think-your saying they have no legal obligation to re-hire you because you do not have tenure,and they don't have to give you a reason either. It sounds really unfair,but it seems that is just how it works.I realize not all countries have the same protections as the USA as far as the disabilities act goes.
 So what are your options? Perhaps you could begin to quietly campain for yourself with the people who do make those decisions.  How many more years until you have tenure? or is that even a possibility?