returning to work

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LOURDES0929
LOURDES0929 Member Posts: 16
returning to work

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  • LOURDES0929
    LOURDES0929 Member Posts: 16
    edited October 2007

    I had DCIS stage 0. I opted for a Simple Double Mastectomy w/ Reconstruction. (no lymph nodes removed) My diagnosis was May 17, 2007 and my surgery was July 27 2007. I am on Tamoxifen.   

    I need to know, what I should do if your Drs tell you, you are ready to return to work, you are feeling ready to return, but the job wont accept you due to your condition?

    I just applied for a job. I went through all the qualifications and passed. But when it came to the physical exam, they told me some story that I may not get the job due to my surgery being not too long ago.(3 months ago)

    What should I do? Do I have rights? Can I argue this? Is it too soon to go back to work?

  • lvtwoqlt
    lvtwoqlt Member Posts: 6,162
    edited October 2007

    I also had double mast with expander recon on June 1. I was out of work 5 weeks and was able to return to the same job. I am the receptionist and enter orders on the computer at my job.

    I am not sure what the rights are but I think that cancer surgery qualifies under the disabilities act.

    Sheila

  • LOURDES0929
    LOURDES0929 Member Posts: 16
    edited October 2007

    Thanks for your comment lvtwoglt. I currently applied for a position for the post office. I do know that its a physical job, but I know that I can do it. I feel lost. Some people are telling me to just go for disability. I like to move around and work.

  • Lucy1234
    Lucy1234 Member Posts: 289
    edited October 2007

    You cannot be denied the job unless you are physically unable to perform the duties. They even have to make reasonable adjustments for you.



    They need to be VERY careful with how they handle this or they could see themselves in a very bad legal position.

    Also that would not be very good advertising for the post office if the story got out!



    I would speak to a breif and see where you stand.

    I'm a manager in the UK. I know for a fact that cancer qualifies you to be treated under the disabilities act.



    Let us know how you get on!

  • LOURDES0929
    LOURDES0929 Member Posts: 16
    edited October 2007

    Yes I know if word gets out it will be an ugly situation. I am just lost and dont know who to turn to. What is a breif?

    I want to work and my Dr. says Im ready. Dont see the problem.

    will keep you updated.

    thanks

  • BethNY
    BethNY Member Posts: 2,710
    edited March 2008

    When the post office told you that, did you tell them you can have a dr's note that states you are physically ready to work?

    They can't discriminate, unless you can't fulfill the duties that are required.

    keep us posted

  • Lucy1234
    Lucy1234 Member Posts: 289
    edited October 2007

    A breif is a solicitor.

    Or if you are in the UK you can speak to the citizens advise bureau.



    They are really helpful



    Good Luck

    XX

  • LOURDES0929
    LOURDES0929 Member Posts: 16
    edited October 2007

    I LIVE IN NEW YORK. YES I DID BRING IN MEDICAL DOCUMENTATION THAT I CAN PERFORM ALL DUTIES WITH NO RESTRICTIONS. I AM SO UPSET. I SENT OUT A LETTER REQUESTING A REASON WHY THEY DID NOT OFFER ME THE JOB. I BELIEVE ITS DESCRIMINATION AND EVERYONE ELSE SEES IT TOO.

    ITS BAD ENOUGH THAT WE HAVE TO GO THROUGH WHAT WE ARE GOING THROUGH, BUT TO NOT GET A JOB BECAUSE OF IT, REALLY SUX.

    THANKS ALL

    WILL KEEP YOU POSTED.

  • 26young
    26young Member Posts: 27
    edited December 2007

    I had a simple mastectomy on  9/21. no lymph nodes, went back to work 10/21. I was still going for physical therapy to increase my range of motion in that arm. I work as a nurse in a very busy icu. The work is physical. I begged my surgeon to go back to work. I promised her that I will try avoiding lifting heavy patients and pulling. It has been 11 weeks post surgery and I feel great. I also had the tissue expander put in at time of surgery. After the fills they feel a bit tight. They are finally filled. I will do implants in March. Now getting back to you.. I would definately say that they are discriminating against you. Is there anyone in your area that can give you legal advise. I would fight this all the way. Dont give up. Keep us posted. Good luck pl

  • msannie57
    msannie57 Member Posts: 84
    edited December 2007

    You said you are applying for a job, not returning to one?  Actually they can refuse anyone they want and while it does sound discriminatory they aren't refusing a class of people--just someone who fairly recently had surgery.  I'm not saying they are right, just that you aren't trying to return to a job you already had.  Most likely they will just come up with some other reason not to hire you if they don't want to.  I also live in NY--my Korean friend applied at the PO and they gave her a very hard time--they really didn't want an Asian and a woman--so they gave her jobs that involved reaching the top shelf--things she couldn't easily do at 5 feet tall.  She ended up having to quit.  You could try a lawyer if you have the time and $$$ but you may end up working in a place where you are resented and you don't need that right now.  Just some things to think of.  Most of us on these boards are very aware of the abilities of women, and especially of those who have had cancer, but the rest of the world isn't necessarily in agreement.  Just be sure you really want the job and the workplace environment before you start up a lawsuit.

  • LOURDES0929
    LOURDES0929 Member Posts: 16
    edited December 2007

    I am supposed to write a letter to the Postal Service after 6 months. So I will see if they not give me the job. I currently am an employee at FedEx but have not returned to work yet. I rather work for the post office. My dr gave me to return to work Jan 7th 200 so we will see whta happens.

    I will let you all know what happens. Pray for me.

    Lourdes

  • mastectomy
    mastectomy Member Posts: 14
    edited February 2008

    dear 26young,

        hi!i'm also a registered nurse and i'm glad i found this site.i willbe having my implants on feb21.i hope we can communicate and exchange info.i work in telemetry and 6 of us got diagnosed w/ breast ca last year on same floor on opposite wing. sad,but true.

    my email-embayaras@yahoo.com

  • lollybeth
    lollybeth Member Posts: 56
    edited February 2008

    If you are only applying for a job, why is your breast cancer relevant?. You shouldn't offer this information on an application or in an interview and they shouldn't ask for it. Did you lose your previous job because you got sick??????

  • lag
    lag Member Posts: 209
    edited April 2008

    Last month i had surgery for implant removal with reconstruction, my doctor was not able to replace the ruptured implant with a new one at the time of surgery and instead had to put in an expander. I have been off for two weeks so far (docs orders-he gave me three). Normally this wouldnt be so bad but after my masectomy and first attempt at reconstruction I went back to work too early (same job) and I ended up busting open at the surgery site-therefore another surgery. My problem with work is that this is the same job that I have had all along in dealing with breast cancer and it just seems to get worse each time I return from a surgery- No one from my work called at all to see how I was doing after surgery-it's like they were more mad at me for not being there than anything else-makes going back even more scarier for me as I can almost bet that I will be given all the crappy hours and most undesirable chores-(of which I cant physicaly do). I live in a very small town and that is another thing that makes all this very difficult to deal with. Any advice would be greatly appreciated.

    Thank you

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