Terminated for job abandonment
Comments
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The local news outlets love to investigate a story like this...maybe you won't need a lawyer.
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I wouldn't advise going public, it will make it impossible to find another job locally. Unless you win enough money that you won't need one. But those kinds of suits can take a long time.
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Hope you have solved the Cobra issue - that will cover you until you decide what else you want to do - keep us posted.
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Jj - I just got a similar letter from my employer. I am a supplemental employee for a HUGE corporation. My letter says administratively separated. That's a new one. The thing is I called our HR guy when I found out what I would be facing - surgeries, biopsies, etc., and he said I could be inactive for 4 months. The letter from the corporate office says 3 months. Okay the corporate office is in another state so they dont know why I have not been at work. I told my HR person he was mistaken about the inactivity time and I want something in my file that explains why I have not been at work. My job was a highly stressful night job. They paid well but you earned it. I worked for this corporation years ago and then came back and worked for another one of their "companies." I communicated weekly with my manager via email and saved the copies. I told him I didnt expect favoritism because of my medical situation but what I did expect was at least a response from the manager(she is new) which would have forewarned me my time was getting close. He is going to talk to some people and call me back. Dont anticipate my job being saved but really disappointed in how it was handled. I have had 2 surgeries, biopsies and a lot of residual pain. Now on schedule for 31 radiation treatments. Although the job paid well it is 70 miles round trip from home and in a bad part of town. I am getting retirement money so am contributing something. I intend to force their hand on having a letter in my file that explains my situation. I dont want to be perceived as job abandonment either. Not fair and wont put up with it. diane
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Please check with your hospital if they have a Patient Advocacy Counsil. Their services are free at my hospital and provided a wealth of information.
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Edwards, what does that mean, a "supplemental employee" for the company?
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I don't know what "supplemental employee for the company" means, but if you were like a temp or an independent contractor, I am not sure you would have a case. But either way, they are shi****heads for doing that to you.
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Cobra is expensive, but Obama has put in a clause that if you are terminated by your employer (you can't quit, you have to be terminated which you were) that the federal gvt will pay 65% of your cobra payments and you'll only have to pay 35%. I know 35% can still be a lot when you're not working, but thought I'd mention it. It is the law that you should get a letter from your employer explaining your Cobra options which should explain this. If you don't get such a letter, I would first call your employer and ask them about this and if you aren't satisfied with their answer, call the EEOC. Good luck
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Hmm... you are in California. I know that there is a law school there that will give you free legal advice. Unfortunately it has been so long that I cannot recall where it was or the number - but I think if you went to the social worker at your oncologist's office, they would have that info. Also, if you are willing, I would totally go to the press... but that is just me. Maybe try all of your other avenues first and if you don't get anywhere, go to one of the news stations that loves this kind of info... Even better, do it when it is nearing breast cancer awareness month...
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What Kay-from-philly said is true. It was actually less expensive to be on Cobra with the government picking up the 65% than what he paid out when employed but I forget how long it's for. I'm also assuming the plan is still in place.
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It is the Cancer Legal Resource Center of Loyola Law School - 1-866-the-clrc
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Kay and lago, I thought the Cobra law expired in December of last year? Can anyone confirm? I think you have to pay it all now. I must research this further.....
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Unfortunately, the Cobra Assistance was not renewed.
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Oh, I was not aware. Sorry for giving the bad info. That was a good program. It should have been renewed. I send out the COBRA letters for my company. I guess I have not done one since this was not renewed.
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I agree, terrible it was not renewed. So many need it right now.
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Well I guess I assumed wrong. Must of been some kind of bargaining chip so the Republicans would play nicely with the Democrats.
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Lago, I agree. Some bargaining chip, hmm?
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I talked to the unemployment office a few weeks ago. I was not officially "let go" from my job but I was anticipating it to happen - and by the way it did. Anyway, they checked my SS no and said I was eligible. The lady asked me what I thought my company would use as a reason for letting me....didnt have a clue then; just got the letter and it says administratively separated...cant get over that one. I have since sent a letter to my regional HR person and the corporate office explaining why I was inactive from my job. The HR person knew the reason but I spelled it out again and for the corporate office. I understand they have a business to run but I want a letter in my file which explains why I was not at work. Now it looks like job abandonment. We all have so much to deal with; we dont need this but it is what it is. Unemployment wont be much but I have paid in the system for a long time and never made a claim for it. They better not deny it or I will take it to another level. Looks like some of us just have to keep on fighting financially and physically....diane
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