Terminated for job abandonment

I don't know anything about this, but I do know that job abandonment is supposed to be only when someone stops showing up to work without notice. It shouldn't even apply when you are on disability! That is so MEAN. Sheesh. 

I would see if you could get a free consult with an attorney who specializes in employment laws. I would also check your state's website for any info you can get on "job abandonment." You have federal rights under the Family Medical Leave Act, so you might want to check that website as well. There are probably different rules for companies under 20 employees, but it still seems like you should have some rights here! 

jjordanj - that IS AWFUL, I'm so sorry

Know though that it's happening all the time.  My cousin who has worked in the same medical office for 25 years was just let go recently for "breach of lien" or something like that.  She is so upset she cannot even talk about it.  She is BRAC2 + so has had to undergo mx, hysterectomy, reconstruction and because of recurrence chemo and radiation + tamox just within the last 2 years.

I saw a show the other day where this woman was let go the same day she told her bosses (2 doctors BTW) of her mammography results, she had BC.  She fought them, it took many years, but she won !

I know that if I had not lost my job 6 months prior to diagnosis, that the firm I was at would most likely have let me go with some made up excuse.

If you have the strength and the means, then you most likely need a lawyer if you want to fight this.

My thoughts are with you

If you are in the United States contact your local Department of Human Rights. They will assign you a free attorney. Do it right away as there are time limitations. My sister works (attorney) for them in a major city and she would be ALL over this! It's your right!

Cancer is considered a disability under the American with Disabilities Act - because your employer has less than a certain number of employees some of the rules may not apply to them, but here are a couple of websites that have information on that. 

http://www.cancerandcareers.org/en

http://www.disabilityrightslegalcenter.org/about/cancerlegalresource.cfm

 Also, check with your local American Cancer Society.  In Oregon we have something called the FHIAP (Family Health Insurance Assistance Program) if you qualify (meaning your income needs to be within a certain parameter) they pay  50- 90% of your Cobra premium, you get in on the fast track if you have been laid off and have cancer.  So check with your state department of human services to see what's available for you there.  Also, if you're married see if you can get on your spouses insurance policy. 

 Good Luck - I was laid off in the  middle of my treatments because my job was eliminated - so I'm paying the $1300 monthly for cobra, didn't quite qualify for the assistance program, but am still drawing disability (company sponsored). Just don't let your insurance go.

Linda

You definitely have rights and don't let anyone get away with what this doctor is trying to do.   Perhaps telling telling that doctor you are calling The Justice Department will fix their ass! 

Just so you know, and no matter where you stand politically, George W. Bush as one of his last acts in office, completely annihilated loop holes in the ADA coverage of breast cancer patients.  We are, unequiovocally, covered under the ADA because of what he did.  You see, in previous years, employers were winning in court and the right's of bc patients were being trampled.  Dubs fixed all that!!!!!!! 

I am going to help you.  First I am going to post particular information here and then, if you PM me, I will send you a MSW file with everything you need to know about FMLA, ADA, your right's, which governmental departments deal with each facet and then you will know who to call and how to start some trouble for this jerk employer of your's...a doctor no less.  The only thing that would be worse is if you told me your employer was a woman.

In any case, here goes:

Office on the Americans with Disabilities Act
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section - NYAV
Washington, D.C. 20530
Toll-free number: 1-800-514-0301 (voice)
TTY: 1-800-514-0383
Fax: 1-202-307-1198
Web site: www.ada.gov

Under the ADA, an individual must have a record of a substantially limiting impairment in order to be covered.

And....

Referral of Individuals with FMLA Questions or Complaints

23. Q: Who should be contacted for information about the FMLA or
to file FMLA complaints?

A: For additional information about the FMLA, or to file an
FMLA complaint, individuals should contact the nearest
office of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor. The Wage and
Hour Division is listed in most telephone directories under
U.S. Government, Department of Labor.

For further information, contact the Office of Legal Counsel's
Attorney of the Day at 202-663-4691.

This fact sheet is available upon request in alternative formats.
Write or call EEOC's Office of Communications and Legislative Affairs,
1801 L Street, N.W., Washington, D.C. 20507, (202) 663- 4900,
TDD (202) 663-4494.

And...

For a detailed discussion of the ADA definition of
disability, see Compliance Manual Section 902, Definition of the Term
"Disability."

20. 0 See 29 C.F.R. § 825.500(g)(3).

21. 0 See 29 C.F.R. § 1630.14(c)(ADA).

22. 0 There is also an exception to the applicable
confidentiality requirements for government officials investigating
compliance with the FMLA, pursuant to § 825.500(g)(3) of the FMLA
regulations.

PM me and I will send you the entire MSW file I have on this matter.  

My final advice: Start making calls NOW!

You will also want to check the laws in the state in which you live.  I moved to Colorado from Maryland - a state with very stiff consumer protection laws and employment practices.  In Colorado, they can fire you if they don't like the color of your eye brows or the bumper stickers on your car ( a reason why I have no bumper stickers especially political or feminist ones).  Job advertisements here frequently require "your Christian testimony" accompany the cover letter and resume (i.e. only Born Again Christians need apply for the job).  If you live in a State like Maryland, California or New York - go for it.  If you live in a state like Idaho, Colorado, Texas, Utah or the South I'd check your state laws first.

Well, they sure don't have them in Colorado Springs, Colorado.  At times 25% of the jobs require an attached "Christian Testimony".  One would think that "Freedom of Religion" and discrimination would prohibit this but it does not and employers do not have to have any reason here to dismiss someone.  The smart way to handle that here is to just terminate without reason.  If jjorjanj lived here, she would have been terminated with out a reason.

None of this is right - just saying.

lizzymack - jjjordanj's doc will have to sign the forms (which have a fraud warning) that she is incapacitated by rads and UNABLE to work, or that her workplace must be MODIFIED to fit her disability, or the ADA accommodation will not apply.

jjjordanj - I work for a company with more than 50 employees.  I used FMLA that began the same day as my BMX, and after my accrued paid leave ran out (I only had one week of leave time saved up) I went on short term disability, which was a benefit that I paid the insurance premium for.  The short-tern disab ran concurrent with my FMLA.  Five weeks after my BMX I had an AND so I could not return to work.  Two weeks later I had an emergency surgery for rupture of necrotic skin at the BMX site, and then 2 more surgeries for skin excision in the following 3 weeks.  This took me to the 12 week end of FMLA allowance.  My company allowed me an ADA accomodation in the form of a leave of absence, and I became eligible for long-tern disab which is a company paid insurance benefit.  My onc did have to sign a Healthcare Provider Statement to my employer indicating that I was not able to perform my job duties until 30 days after chemotherapy is complete (July 1, 2011) and then I have to submit a Fitness for Duty form to my employer.  My ADA accommodation is re-certified every 60 days to determine whether I am still unable to work, and also whether my employer is being caused undue cost or my fellow employees are being caused undue workload because of my absence.  I am fortunate that there are currently extra personnel awaiting the opening of a new lab in the VA hospital who are filling in for me while I am gone.  My employer is not paying any overtime and the lab empoyees are not being unfairly burdened by my absence.  This is important because if either of those things were true, my employer has the right not to grant the accommodation.  Your onc or rad onc would have to certify that you are not able to perform your job because of physical inability and your employer would have to determine whether or not your absence is unfairly burdening your co-workers or costing him, such as having to hire a temp, etc.

I am also concerned about your insurance coverage because you definitely need to maintain continuous coverage, not just to pay for your current treatment but also because new coverage that you purchase can exclude any payment for your pre-existing condition of BC. What kind of disability are you on?  Employer paid or state paid?  Which physician certified your disability and when does it run out?

if you can get the cobra insurance extension.  you have to think about yourself now.  You can pursue the jackassses later.  I am so sorry about this. I have experienced the same thing only I had just a broken foot.  yes heartless these people are.

Everybody needs to remember that this programs exists...

National Breast and Cervical Cancer Early Detection Program

I am covered for my insurance under this state paid for insurance.

Through the National Breast and Cervical Cancer Early Detection Program (NBCCEDP), the Centers for Disease Control and Prevention (CDC) provides low-income, uninsured, and underserved women access to timely breast and cervical cancer screening and diagnostic services.

To improve access to screening, Congress passed the Breast and Cervical Cancer Mortality Prevention Act of 1990, which guided CDC in creating the NBCCEDP. Currently, the NBCCEDP funds all 50 states, the District of Columbia, 5 U.S. territories, and 12 American Indian/Alaska Native tribes or tribal organizations to provide screening services for breast and cervical cancer. The program helps low-income, uninsured, and underinsured women gain access to breast and cervical cancer screening and diagnostic services. These services include-

• Clinical breast examinations.
• Mammograms.
• Pap tests.
• Pelvic examinations.
• Diagnostic testing if results are abnormal.
• Referrals to treatment.

In 2000, Congress passed the Breast and Cervical Cancer Prevention and Treatment Act, which gives states the option to offer women in the NBCCEDP access to treatment through Medicaid. To date, all 50 states and the District of Columbia have approved this Medicaid option. In 2001, with passage of the Native American Breast and Cervical Cancer Treatment Technical Amendment Act, Congress explained that this option also applies to American Indians/Alaska Natives who are eligible for health services provided by the Indian Health Service or by a tribal organization.

Program Eligibility

An estimated 8%-11% of U.S. women of screening age are eligible to receive NBCCEDP services. Federal guidelines establish an eligibility baseline to direct services to uninsured and underinsured women at or below 250% of federal poverty level; ages 18-64 for cervical screening; ages 40-64 for breast screening.

How can you be terminated for job abandonment if you are on disability? That can't be legal. How low can someone be to do that to you and your boss is a doctor to boot? You would think he would have been more sensitive. I agree with others I would consult an attorney. Consultations are free. I work for a huge corporation but I am a supplemental employee which means I am guaranteed 25 hours per week. I spoke to the HR person about my situation. He said I could be inactive for 4 months. Well its about to be 4 months in a few weeks. I am in their billing department which is very busy and very stressful. They monitor everything. You are under a lot of pressure NOT to make mistakes. Of course you dont plan on making them but it does happen but you are called out when you do. They do pay well but they are 70 miles round trip from my home and it is a night job. I dont mind the night job it is the pressure that becomes unbearable sometimes which is probably why they pay well. It is kind of a commuter job. You dont establish real friendships there because almost everyone works another job as well as that one. I have been communicating with my manager(she is new and not real sharp) since this nightmare started. I checked with the Unemployment Office yesterday and they said I am eligible for unemployment if it comes to that. Unemployment isnt much but with the price of gas and trying to keep 3 cars going and I am just about to start 31 radiation treatments we may better off if I dont go back. I already receive a retirement check from a company because I took early retirement. It isnt thousands of dollars but it helps. I am appalled by how unfeeling and insensitive people can be like your boss. Wonder how he would feel if it was his wife or daughter or mother for that matter. We didnt ask for this disease and all of us have to live with the emotional, financial and physical changes it brings. It is a lifetime sentence. We are all thankful I know for the treatments and progress that has been made in finding the cure for this disease; it is reprehensible that some people make it more difficult for us. I truly believe what goes around, comes around and it will for your boss. I also believe there are a lot of people who have been kind, supportive and helpful. Reach out to those people. They are your true friends. Take care. Keep us posted. diane

There are also some state laws that might apply, depending upon where you live.  No way this could happen in MA.

 Also seems like something you'd want to contact a Consumer Advocate at local media about - this just can NOT be allowed to happen.  Shame the jerk into recanting if necessary!  Also call your local office of the American Cancer Society - there have to be some statuates on record preventing this kind of action.

Caerus-Sunflowers that is an excellent idea. I know for a fact that the AMC helps people with these issues. I'm assuming you're US

http://www.cancer.org/Treatment/FindingandPayingforTreatment/UnderstandingFinancialandLegalMatters/index   

http://www.cancer.org/Treatment/FindingandPayingforTreatment/UnderstandingFinancialandLegalMatters/americans-with-disabilities-act   
There is a section on:

Questions and answers about employment discrimination

This section deals only with employment discrimination, a potential problem for people who have had cancer. The section of the ADA that applies to jobs is called Title I. After the discussion of jobs, there is information about the ADA in settings and situations other than the workplace. The sections of the ADA that apply to these different settings and situations are Titles II through V.
Does the ADA apply to my employer?

The law applies to employers with 15 or more employees. Job discrimination against people with disabilities by these employers is not legal if practiced by: Questions and answers about employment discrimination

This section deals only with employment discrimination, a potential problem for people who have had cancer. The section of the ADA that applies to jobs is called Title I. After the discussion of jobs, there is information about the ADA in settings and situations other than the workplace. The sections of the ADA that apply to these different settings and situations are Titles II through V.
Does the ADA apply to my employer?

The law applies to employers with 15 or more employees. Job discrimination against people with disabilities by these employers is not legal if practiced by: more…