Job discrimination?

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Celebris466
Celebris466 Member Posts: 107

I am not sure if this is the right place to post this however... I think my husband may be removed from his job because of the time he took to take care of me.  Incidently he never missed a day of work, he worked from home (even the day of my surgery.  I had a mastectomy last fall.  He works hard, had great reviews... but I think the new management team coming in wants people without distractions.  Even though I am through 99% of my "stuff" I think they are putting him aside because he was working from home last year.

 Has this happened to anyone else.  We live in MA and am not sure what the laws are with regards to caregivers and how you prove it??

Thoughts

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  • BFidelis
    BFidelis Member Posts: 156
    edited January 2009

    Ah, the law vs. how you prove it.  IMHO, it doesn't matter WHAT the law is, the proving part is the rub.  And you're talking about secondary discrimination.  I believe in MA you do not have to have a reason for firing anyone.  I know that's how it is in IL.  After 13 years with my company, regular promotions, stellar annual reviews, etc., I got my first 'less than stellar' review 3 months after dx/surgery and 1 month after starting chemo.  The following January (having finished chemo & rads, but not Herceptin) not only did I not get ANY raise, I didn't even get a performance review at all.  (And we'll also throw in the fact that my manager, on at least 4 occasions, referred in meetings to problems that "were cancers, and you know we have to get rid of them" while looking directly at me (with others in room.)  I am convinced that my company wanted me out because I'm bad for their health insurance.  And that was a year ago, when the economy was in better condition. Despite all, I am convinced that I wouldn't have been able to "prove" a discrimination case.

    Don't want to be a downer, but "new management team" is the scary part.  A "new management team" is inevitably brought in to thin the herd.  It is the fastest way to show an improved financial picture.  (Yes, it is all short-term, but that's how these guys work; no matter how often you hear about the long-term.)  I don't know of a major company that isn't doing this.  It is called "job insecurity" and the corporations exploit it to its limits.  We, the People, do not matter.  Only Korporate Amerika matters, because they give the $$ to the pols.  The outgoing sec. of Labor for this administration has said outright 'it is in the interest of business to keep employment insecurity high.'  (You can Google it; I don't have the time right now.)  So your/your husband's best hope is that someone turns that worm around.  And by the time our ship comes in, the dock may be gone.

    If it happens, you can try to find a lawyer who will work it on contingency, but you should also be prepared to raise your voices to your US Representative and your 2 Senators.  (Teddy is pretty sympathetic.)  Hope it doesn't come to that.  I'm waiting to hear about layoffs from my company as well, and the prospects out there aren't good.  I'll pray for both of us.

    Beth

  • lisettemac
    lisettemac Member Posts: 213
    edited January 2009

    Celebris -- sorry about your concerns.  I'm unclear from your post -- has your husband been fired or are you just concerned that he might be?

    If he has had an adverse employment action, he can go to the EEOC, which is the federal agency charged with enforcing the nation's anti-discrimination laws.  There are often state equivalents, too.  The Americans with Disabilties Act prohibits discrimination against people for "associating with" people with disabilities.  This was intended to cover partners and caregivers for people with HIV, but is written more broadly.  If he did take any time off, he can also explore his rights under the Family and Medical Leave Act, which protects employees who need time off to care for family members who are ill.

    I wish you all the best.

  • Celebris466
    Celebris466 Member Posts: 107
    edited January 2009

    Thank you both for you response.  He hasn't been removed from his job yet.  His job is being divied up among a few new people.  All of them have no children or responsibilities. So I can see the pattern here.  He never took anytime off. As as matter of fact my BFFs were irritated he was always on the phone and crackberry during my 6 week recovery..haha.. I however kept telling him to make sure to work hard to keep our insurance.  As you can imagine I feel terribly guilty if this is the reason he is being let go.  He couldn't travel as much as he normally would have, but always called into any meeting he could.  He has people who work for him all across the country.

    Anyway, proving it, that's the struggle.. Just stinks in this economy and knowing what we are going through that he is being replaced. 

    Best thoughts for both of us, Beth.  Thanks. 

  • Route53
    Route53 Member Posts: 340
    edited January 2009

    Hi Beth,

     As a husband, I know what he is going through and there is always that worry.  believe it or not i spent my wife's 6 hours of surgery on my Blackberry and computer.  It was all I could do not to pace the whole hospital.   There are many resources for men (some which I did not find until after my wife had her surgeries).  Try http://www.menagainstbreastcancer.org.  I also have a bunch of resources in my links area for male caregivers on my blog:  http://route53.wordpress.com

    Good luck with your recovery.

    Route53 (erik)

    http://route53.wordpress.com

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