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Old 09-30-2007, 09:09 AM #1
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Default Good Morning all........

As some of you know I returned to work last Monday after being on FMLA for 6 mo. I told my husband Mike that I had a bad feeling about returning to work. You know when you have one of those gut feelings that you just can't shake?? Well that's what I had and couldn't shake it for anything.
So I returned to work on Monday and clocked in as I had for the past year on a program the district uses to keep track of our work hrs. I received an email from my Principal on Wed. saying I wasn't clocking in at the right time! I told him that I didn't realize the time had changed back to a prior time before a meeting last year telling us about the new clock in time.....yada yada yada.....Then I received a nasty letter from him telling me I was wrong and to clock in at the right time! That night while sitting here at home I decided to write him one last email explaining why I didn't realize I was clocking in at the wrong time. Thurs morning I was called to his office and he was not in a good mood. He said that he was getting me for insubordination!! for being arguementative!! I'm livid!! But I think the only reason he's doing this is because the district wants to get rid of me since I'm costing the insurance co. so much money because of my IVIG infusions!
I'm going to turn in a greivance and hope it'll turn around the insubordination. I'm worried they'll figure out a way to fire me in the mean time!
Oh another thing.......I'd asked to be off on Friday for my infusion. I told the Prin. secretary that I was trying to set up with my nurse to do the infusions in the afternoons so I wouldn't miss a full day, only half a day on Friday. I got a message from the Prin. on Wed. saying that I needed a letter from my dr. saying why I'm having the infusions and what my condition was! (they already had know what my condition is because my dr. has already given them a letter telling them I have Neuropathy!) SOO my dr. sent them a new letter on Friday saying that I receive treatment for Neuropathy that requires me to be off work Friday afternoons. I sure hope that's sufficent and not another reason for another strike against me!
I'm very stressed over all this cr*p! I've been with the district for 14 yrs now.....probably another reason they are ready to get rid of me and hire to people to take my place for the same cost!
Since Wed. I've been buzzing big time and in more pain than usual.
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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 09-30-2007, 09:39 AM #2
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Default Roxie

I'm so sorry you are facing this - unforutnately this is how many employers respond to such situations.... I'm not sure of the legal rights where you are - but in Calforinia its a "at will" employment state - which means while employees often think they are entitled to warnings etc,unless there was a union involved, the truth was what I used to tell my managers (I was in HR) - is that "an employee can be terminated for any reason except an illegal one".... meanining if your boss doesnt like you - they can fire you - and just will say "its not working out" to avoid any future lawsuits. In cases where future litigation was anticipated - a employee was often pressured to sign a severace agreement in exchange for couple months pay they agree not to sue - or in case of employment agreement it is paid out (unless there is gross negligence)..

Unforutnately employers often dont want to accomodate the disabled - because we no longer belong in the general population... since you were proactive, which you had to be - they, in an ideal world - should be making the accomodations for you if they are seen as reasonable (again, this "reasonable" ends up in court often...) It sounds to me that they are "playing" at reasonable and trying to set up a case (employers, once an employee asks for special accomodations, are at a much higher liability for any termination of an employe who has requested such)... and if they want to "push" you out will try to work within the system to show that you are suddenly no longer a good employee (such as the clocking in time) - this is unethical - and yes, you need to respond immeditely... give them all they want regarding doctors notes, and at the same time be sure to respond, in writing, (with cc that states it is to go into you HR file) - you were not aware clock in time had changed or whatever..... talk to the legal sources to and your husband first spoke with...

What they are trying to do to you is in blatant defiance of ADA accodamation requirements and you need to keep every piece of paper - notice - record of conversation, etc.... you have the right to see your personnel file - although you can usually not make copies of it (they should set aside a time for you to review at your request - although I suspect there will be their own internal documents you dont know about "MISSING" - if they appear later after you have reviewed - you know there is a problem right there....

I hope this isnt upsetting you - but I've worked in several different companies in HR - and always fought for the employee... but bottom line is - the senior operatations management makes the rules - and those in HR get to do the dirty work.....

I hope that things improve - I applaud you for making it thru the week -and urge you to "CYA" as we say!

Take care,
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Old 09-30-2007, 09:56 AM #3
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HI Karen!
Thanks for the insite and suggestions. I'm keeping notes and copied all corespondance so far. I'm just so mad about the whole mess.....and I'm having a hard enough time working and having PN and scheduling dr. appts and all after work hrs.
We are calling the ADA atty tomorrow and my school union tomorrow and will have my rebuttal paper ready to turn in to Personel this week. I swear.....when it rains it pours!!
__________________

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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 09-30-2007, 10:22 AM #4
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Keep your chin up and keep those records. It does sound like they are doing just what you think they are and that is so sad!
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We urge all doctors to take time to listen to your patients.. don't "isolate" symptoms but look at the whole spectrum. If a patient tells you s/he feels as if s/he's falling apart and "nothing seems to be working properly", chances are s/he's right!
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Old 09-30-2007, 11:17 AM #5
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Oh My Goodness Roxie:

You poor thing. All this stress cannot be good for your PN. But I know I don't have to tell you this.

I hope you stand your ground and keep documenting everything.

Hey, you never know.

And how dare he be rude to you??

I hate people who think they have the right to disrespect ANYBODY!!!

A pox on him. that's all I have to say.

Melody
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Old 09-30-2007, 02:20 PM #6
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Hi Roxie:

Like you really need this, on top of PN...

I hope you can get this worked out peacefully. Meanwhile, know that we are MAD about this and may have to resort to transferring all of our little deliquent children right down to his school (only if you leave though)...

Cathie
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Old 09-30-2007, 03:04 PM #7
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Default

Thanks all.......I really do need the cheering up now. I'm so stressed I can't think straight!
I agree with Mel, I hate people being hateful to others....and this Prin is the worst of the bunch in that respect!
I'll let you know how it works out for me......keep your fingers crossed!
__________________

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Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 09-30-2007, 06:36 PM #8
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Default Roxie, it's a hassle, but...

Follow up any meeting or telephone call that you have with this priincipal with a letter or memo of understanding about that meeting/conversation. That way, really the Principal will KNOW that you are keeping track of every single word said...and IF you have 'heard' anything wrongly or incorrectly that they should respond to you in writing..I carry on occasions a small hand-held dictating machine in my purse that I can click on easily [in some states such recordings aren't legal in court] BUT if you take notes off the tape afterwards...and form your notes from this...I believe it's not illegal. It gets muzzy in some states tho...but, you've got it on tape...

Web up 'tape recording conversations' Some states are one-party [you consenting to recording] others are two-party where both recorded folks have to consent. BUT, if you use it just to take notes from after and can't/don't use the tapes themselves...and no one knows....well?

I hate to almost wish that that principal breaks both feet and has to use a wheelchair to get around for a few months! Boy would perceptions change! I'm not that way, really, but at times it's fun to well 'imagine'?

Hang in there -keep thinking the most positive way you can during this all...and once in a while hum in your head the 'Mickey Mouse' theme song?

Hugs - j
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Old 09-30-2007, 07:24 PM #9
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HI J!
Thanks for the great advice. We have talked about getting a small recorder for such meetings and you can bet I'd use it to my advantage!
My husband has been composing a "response to a reprimand" letter and it's sounding pretty dang good! He's great at writing letters. Then I can file a greivance after that. We're calling tomorrow about a lawyer.
I too, hope that creep breaks both legs!! It would serve him right!
Thanks again J! M*I*C*K*E*Y>>>>>>>>>>>>>>>>>>>>>
__________________

.


Dx'd with Spinal Arthritis 09
Upper and lower Spinal Cord Stimulator surgery
Replaced IV port 09
Had surgery for IV port for IVIG infusions 07
Halo 360 & 90 procedure for Barrett's esophagus
Dx'd Chronic Axonal Neuropathy & Myopathy June 07
Dx'd IC May 2006 (after suffering for 25+ yrs!)
Gall bladder surgery Aug. 2004
Gastric Bypass Dec. 2004
Dx'd: Barrett's Esphogus July 2004
Bladder surgery 2000
Dx'd: IBS 2000
Hysterectomy (fibroids) 1999
Laminectomy 1989
Dx'd: Degerative Disk Disease 1989
Cyst removed from my ankle -twice 1986
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Old 09-30-2007, 07:50 PM #10
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Hi Roxie, as if you didn't have enough to contend with on your return to work, he sounds like a real p...k, anyway, you and hubby sound like your miles ahead of this guys tactic's, i just hope next week is hell of a lot better for you.
Brian
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