Unemployment Benefits Questions

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Hey Ladies,

I hope that this finds all of you DIVAS in great spirits. I need some advice so here goes the scenario. I was dx on May 21,2009. I was scheduled to have a mastectomy on June 24, and chemo and all of the other goodies following. After consulting with my doc and husband I decided that I would have to quit my job and find a more suitable one based  based on the aggressiveness of the treatment and the attitude that I had been getting from said boss. On more than one occassion she tried to actually dispute the validity of the docs that I had ben seeing by saying things like " your docs are pretty stupid" in response to me telling her that I did not have answers to questions that she asked. Like what was my recovery time going to be. SHE estimated that in three weeks I would be able to return to work. I tried to explain to her that the MX was only the beginning of treatment at this point. Ok I work as a reservationist at a hotel by the way. I work the 3-11pm shift and I am there alone on most nights. So that was another thing that scared me what if something happened and I was there alone. When I had planned to have the mast she actually had me scheduled to work up to ten days straight before my mastectomy. I called my doc who said no way and immediately told gave me a written letter requiring that I take time off before and after surgery.  Anyway after the second opin and a nw doc I am now doing chemo first because of tumor size and will have mast and rads later. I could have chosen to go back but I did not because I am honestly afraid of what I will have to endure under this woman. I really feel that she believes that I am making more of this than necesary. So I applied for unemployment after thinking it over and getting past the shame of asking for help. ANother thing that scared me abouther was the fact that she actually told me that I would not be eligible for SHort Term DIsability when we had our open enrollment. When I called her on it she lied and said that she never said that.She bold faced sat there and told me that I was not eligible for our short term disability. Only later after talking with others did I realize that she had no authority to make such a claim only teh actual insurance company can deny youbenefits and they have to have good cause. I feel so confused and I am afraid that this Unemployment process will be further abuse. Anyone been through this? Anyone have any ideas if I did the right thing?

Comments

  • 1Cathi
    1Cathi Member Posts: 1,957
    edited July 2009

    WOW that boss of yours sounds like a real %$^$# .  Can you go above her head,  is their an HR Dept you can speak with Corporate head office,  there are laws that protect you did you check into FMLA.  I don't have any answers about unemployment benefits,  I am asuming you quit? If that is the case don't you have to have a waiting period before you start collecting benefits? I would see if there is someone in highr power than her and talk to them.

    BEST WISHES FOR ALL YOU MUST ENDURE NOW.

  • sutherndiva
    sutherndiva Member Posts: 54
    edited July 2009

    1Cathi,

    That is the CONDENSED version of the &^%CH! LOL!!! 

  • Tamara67646
    Tamara67646 Member Posts: 293
    edited July 2009

    I would also recommend that you speak to someone in HR to make sure you have the truth about your leave of absence options and your short term disability benefits.  If you have been at this job full-time for more than a year - you have the right under FMLA to take up to 12 weeks of job protected LOA for your own serious health condition (BC, chemo, surgery etc certainly meets the definitionof "serious health condition).  You can also take FMLA "intermittantly" - for example you need to a certain number of days off for your chemo tx and recovery and then you return to work until your next round. 

    The obstacle you may have with unemployment is that in most, if not all states, you have to actively seeking work to be eligible.  So, if you can't work because of your treatments, unemployment may not pay you benefits. 

    Good luck with the boss from ?&%%!

  • nelia48
    nelia48 Member Posts: 539
    edited July 2009

    If I were you, I would call the SS office about disability and see if you qualify.  You may get full disability.  I'm stage 3b and I qualified for it.  Here's the website:

    http://www.ssa.gov/disability/professionals/bluebook/13.00-NeoplasticDiseases-Malignant-Adult.htm#13.10

    If your tumor is to the chest wall and/or skin, you qualify, from what I understand. 

  • Irishred
    Irishred Member Posts: 136
    edited July 2009

    Based on the insurance you have, short term disability is definitely an option, but call the insurance company yourself.  Unemployment is probably NOT an option.  Their thinking is , if you can't work, you dont qualify for unemployment.  One of the rules is you must be ABLE and willing to work every day.  Your doctors Statements should get your disability though.  Let us know what happens.

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