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-   -   Released back to work!! (https://www.neurotalk.org/reflex-sympathetic-dystrophy-rsd-and-crps-/164733-released.html)

Joydee 02-15-2012 10:43 PM

Quote:

Originally Posted by catra121 (Post 852107)
Sad to say...what should have been a crowning moment and joyous occassion for me has now turned quite ugly quite fast. I was told I should not report to work and that I would be contacted by someone at corporate which happened this afternoon. Sadly...instead of doing the right thing and allowing me to return to work they have decided to illegally discrimminate against me for my disability and retaliate against me for filing a work comp claim. It was said in no uncertain terms that they would not start termination proceedings against me until my work comp claim is closed but that upon close of my claim it will result in my separation from employment (I think this terminology was used because they hope that I will include resignation as part of the work comp settlement...which I will not). Disappointing...and I very emotional and upset right now...but I will fight this and file a charge against them with the EEOC and get myself a good employment attorney. I really really wish they had just done the right thing so that it did not need to come to this but I cannot control the actions of others. They will do what they will do and I will do what I have to so that I protect my rights. So sad...but life will go on.

Good news is that I should be able to start the tDCS treatments immediately since I will not have to adjust to my work schedule first. Small ray of sunshine in this otherwise dark situation...but I'll take it and continue to focus on improving my health while I go through all the legal battles.

Dear Catra,

Sorry to hear the news about your work situation. As they say it takes all
kinds, but as for standing up for self, "you go girl". Just consider the response from your employer a bump on the road to success.

Hang in there.

Joydee

birchlake 02-16-2012 07:20 AM

Quote:

Originally Posted by catra121 (Post 852107)
Sad to say...what should have been a crowning moment and joyous occassion for me has now turned quite ugly quite fast. I was told I should not report to work and that I would be contacted by someone at corporate which happened this afternoon. Sadly...instead of doing the right thing and allowing me to return to work they have decided to illegally discrimminate against me for my disability and retaliate against me for filing a work comp claim. It was said in no uncertain terms that they would not start termination proceedings against me until my work comp claim is closed but that upon close of my claim it will result in my separation from employment (I think this terminology was used because they hope that I will include resignation as part of the work comp settlement...which I will not). Disappointing...and I very emotional and upset right now...but I will fight this and file a charge against them with the EEOC and get myself a good employment attorney.

Good news is that I should be able to start the tDCS treatments immediately since I will not have to adjust to my work schedule first. Small ray of sunshine in this otherwise dark situation...but I'll take it and continue to focus on improving my health while I go through all the legal battles.

Catra, sorry to hear that news.

Good idea to get a good employment attorney involved.

But that doesn't mean that you won't be able to return to work "somewhere", whether through a successful case against your employer, or with a different employer.

Another bump in the road. All of us with CRPS get more than our share of those, don't we? This journey we are on is NOT a straight line!

Keep up the determined spirit and good luck on your tDCS treatments!

alt1268 02-16-2012 10:52 AM

catra,

sorry to hear the disappointing news. My employer wouldn't let me come back on my rollabout either. I was heartbroke as I am sure you are.

Nanc 02-16-2012 12:23 PM

Catra - first of all I want to congratulate you on getting yourself to a point to be able to return to work. For that you should remain proud and excited.

For what your employer did, not so good! Sounds like you might have a good case there though. Looks like you might have two issues here, if it is workers comp retaliation, then you are protected under the Workers Compensation Law and possibly ADA for your disability. ADA has had a lot of changes recently, so check them out. You can get a copy of the Workers Compensation Act by googling it for your state and look for "Unlawful Discrimination". The EEOC does not cover workers comp issues, but it does cover discrimination!

Good Luck to you!!
Nanc
:hug:

catra121 02-16-2012 12:39 PM

Thanks so much everyone. It is sort of heartbreaking...but I will persevere and keep fighting for what I want. If I cannot return to work for my employer then I will find somewhere that I can work. I most likely will not be the same sort of position or the same sort of pay/benefits...but I will take that over nothing.

Started the process with the EEOC today and scheduled an appointment to meet with an investigator. I am loving the fact that I save everything and have lots of documentation to support my case...so I have begun to gather all that together to put in a file that I can bring with me when I meet with the investigator. I have also been very diligent about making sure that I not only put everything in writing myself but that I got many things in writing from my employer as well which will support my case. Best case scenario as far as I am concerned would be if I was reinstated at work and paid my back pay from the beginning of this mess AND that the EEOC makes my employer put things in place to ensure that this sort of discrimmination does not take place in the future. I do not know whether my employer would ever consider reinstating my employment...but if not then they can pay through the noses. In any case...I will not allow this sort of illegal behavior to just be swept under the rug. I don't care how long it takes...I will fight for my rights and the rights of others.

I also have some phone consultations set up with various employment lawyers. Now that I've had the "pleasure" of working with an attorney in my work comp case I believe that I have a better understanding of what I am actually looking for in an attorney. So my fingers are crossed that I will find one that I like soon. But the more important thing is filing the charge with the EEOC.

Thank you everyone for your continued support and kind thoughts. I know some people don't find much value in the relationships that they form on the internet...but I surely do. It means a lot to me that there are people out there who are compassionate and understand what I am going through. It really does mean a lot to me and I am so very thankful for this forum.

JimsGirl 02-16-2012 12:56 PM

If I remember correctly you're in the medical field? As am I. The human resources dept has made it quite clear to me full normal duty is not in my future either. I'm a civil servant and have more rights, union. Are you unionized? They've been helpful and free! About the only thing that is!

Good luck to you!

Nanc 02-16-2012 01:08 PM

Quote:

Originally Posted by catra121 (Post 852374)
Thanks so much everyone. It is sort of heartbreaking...but I will persevere and keep fighting for what I want. If I cannot return to work for my employer then I will find somewhere that I can work. I most likely will not be the same sort of position or the same sort of pay/benefits...but I will take that over nothing.

Started the process with the EEOC today and scheduled an appointment to meet with an investigator. I am loving the fact that I save everything and have lots of documentation to support my case...so I have begun to gather all that together to put in a file that I can bring with me when I meet with the investigator. I have also been very diligent about making sure that I not only put everything in writing myself but that I got many things in writing from my employer as well which will support my case. Best case scenario as far as I am concerned would be if I was reinstated at work and paid my back pay from the beginning of this mess AND that the EEOC makes my employer put things in place to ensure that this sort of discrimmination does not take place in the future. I do not know whether my employer would ever consider reinstating my employment...but if not then they can pay through the noses. In any case...I will not allow this sort of illegal behavior to just be swept under the rug. I don't care how long it takes...I will fight for my rights and the rights of others.

I also have some phone consultations set up with various employment lawyers. Now that I've had the "pleasure" of working with an attorney in my work comp case I believe that I have a better understanding of what I am actually looking for in an attorney. So my fingers are crossed that I will find one that I like soon. But the more important thing is filing the charge with the EEOC.

Thank you everyone for your continued support and kind thoughts. I know some people don't find much value in the relationships that they form on the internet...but I surely do. It means a lot to me that there are people out there who are compassionate and understand what I am going through. It really does mean a lot to me and I am so very thankful for this forum.

I imagine this has to be very heartbreaking for you Catra. You accomplished so much to get to this point and they do not reciprocate those efforts. I applaud you for doing this and not letting them get away with this type of behavior. So many people just brush things aside and the behavior worsens. Now, hopefully, they will think twice!!

It is great that you have an appt with EEOC already!! It is also great that you have all of your documentation, it will help them and YOU so much in pursuing this!

Some internet relationships can be the best...I met my husband online :D We have been married almost 13 years now, and he is great with all I go through. He didn't sign up for this as I was in remission when we met, but he loves me and it shows! I am lucky in that respect, for sure! This forum has helped me quite a bit too, so I agree with you wholeheartedly.

Keep us posted and I wish you the best!
Nanc
:hug:

catra121 02-16-2012 02:22 PM

Quote:

Originally Posted by JimsGirl (Post 852382)
If I remember correctly you're in the medical field? As am I. The human resources dept has made it quite clear to me full normal duty is not in my future either. I'm a civil servant and have more rights, union. Are you unionized? They've been helpful and free! About the only thing that is!

Good luck to you!

I actually am in sales...retail management to be specific...so no union for me. It's okay though...I don't know that I will be able to hire an employment attorney right off the bat until/unless my work comp settlement goes through without a hitch as that's an upfront cost that I may just not be able to afford. But the EEOC doesn't cost a thing so at least I can get the ball rolling with that and I have time before I would have to get an employment lawyer involved. The claim needs to be filed with the EEOC first anyway so maybe by the time I feel I need to get the lawyers involved I will have the financial means to employ one.

At any rate...I will fight them with whatever means I can and hope for the best. Even if I lose (big comany vs little old me)...at least I will know I gave it every effort. In the mean time I suppose I should start working on the old resume (been working for this company since I was 17...almost 11 years) and see what kind of work is out there for me. Good times...

alt1268 02-16-2012 08:27 PM

catra,

I thought about filling with the EEOC but I just gave up fighting. A year has now passed since I last worked and now I believe the time limit is passed.

catra121 02-16-2012 09:34 PM

Quote:

Originally Posted by alt1268 (Post 852523)
catra,

I thought about filling with the EEOC but I just gave up fighting. A year has now passed since I last worked and now I believe the time limit is passed.

Yeah...in some places I think time limit is 180 days. In Illinois we have 300 days. I waited all of...ummm...18 hours to schedule my appointment. I guess it will be a week before I can officially file the charge since that was the earliest they could get me in to the local branch. They take walk ins but it's a long drive and I don't want to make it unless I KNOW I can get in to see someone. They said the meeting should take at least 2 hours.

I think employers do a lot of things and take advantage of employees betting that they will not fight it. Some won't because they don't know what sorts of remedies are out there for them...but I imagine many just don't have it in them to fight and just give up. At least...I have seen this in particular with work comp cases. They just make you miserable until you throw your hands up and say it just isn't worth it anymore. It's so messed up.

A couple years ago after I was first injured they pulled something at work where they didn't pay me for one day where I showed up, worked for an hour, and then they sent me home (disagreement about my restrictions). Well...I'm salaried and I worked for an hour before they sent me home so that means according to federal labor laws...I get paid. I informed a number of people at the company of this including my boss, payroll, and HR and they all just ignored me. Fine...I called the department of labor. Several months later after an investigation they had to cut me a check for that day. Seriously...does anyone really think I gave a crud about $168? But that wasn't the point...it was illegal and I wasn't going to just let it go. I gave them every opportunity to correct the situation...even informing them of what the law is...but they didn't do it so I brought in the department of labor. Now they're doing something illegal again and I am filing a charge with the EEOC.

At any rate...you are not alone Alt...this is what emplyers want is for us to be so dejected and frustrated that we almost HAVE to give up fighting or the stress and frustrations will kill us. That's part of why I want to fight and not just sweep it under the rug as part of a settlement...I want to do my part to help make sure that this does not happen again...or at least that it is harder for them to do something like this to another employee.


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