#81484 10-03-2008 03:35 PM | Joined: Sep 2008 Posts: 711 "Above & Beyond" Member (500+ posts) | OP  "Above & Beyond" Member (500+ posts)
Joined: Sep 2008 Posts: 711 | They are making it very hard. I have been driving public transit busses here in Chico, Ca. for 16 yrs. I am no. 3 on the seniority list. I've been off on disability for 8 mos dealing with my treatments and their aftermath. During that time I have been in regular contact with my office and they keep telling me not to worry, just take my time and get better. My dr. filled out my emergency medical leave form and said I would be off until sept. which was 7 mos from my last work day. I went in to the office in early sept to talk about returning and what they now tell me is that since it's been over 6 mos, I will lose my seniority and go to the back of the line, meaning I will have to work split shifts, split days off, weekends, all the stuff I already did when I first started. Furthermore, what they want me to do is resign and get rehired. They have known all along that I would be out for at least 7 mos and never mentioned this.I got my time off extended until oct 13th. I have tried to find a lawyer for advice but can't find anyone willing to take me on. I can't see returning to work under their conditions, 16 years of service deserves better than that. The union has been no help. I'm at a loss as to what my rights are here. Any ideas?
DavidR
David R. 65 yr old male non-smoker, light drinker, stage 3 or 4, depending on which doc you ask, scc rt. tonsil, 2 nodes, 7 weeks radiation and chemo. No surgery. Teatment ended 3/20/08. PET scan 8/08 showed no cancer.
And now, as of oct, 2010, caregiver to wife, Linda, with breast cancer.
May, 2013, Linda diagnosed with stage 3 ovarian cancer. Enuf already.
| | | | | Joined: Jun 2007 Posts: 10,507 Likes: 7 Administrator, Director of Patient Support Services Patient Advocate (old timer, 2000 posts) | | Administrator, Director of Patient Support Services Patient Advocate (old timer, 2000 posts)
Joined: Jun 2007 Posts: 10,507 Likes: 7 |
David:
Sorry to hear of your troubles. Sounds to me like something your union would be able to correct for you. Unfortunately they arent helping you, which is what you pay dues for. It seems like you should be protected by the Americans with Disabilites Act. One thing whatever you do dont resign.
Best of luck to you with this. Please keep everyone here posted as to what happens. Its something all cancer patients need to know.
ChristineSCC 6/15/07 L chk & by L molar both Stag I, age44 2x cispltn-35 IMRT end 9/27/07 -65 lbs in 2 mo, no caregvr Clear PET 1/08 4/4/08 recur L chk Stag I surg 4/16/08 clr marg 215 HBO dives 3/09 teeth out, trismus 7/2/09 recur, Stg IV 8/24/09 trach, ND, mandiblctmy 3wks medicly inducd coma 2 mo xtended hospital stay, ICU & burn unit PICC line IV antibx 8 mo 10/4/10, 2/14/11 reconst surg OC 3x in 3 years very happy to be alive  | | | | | Joined: Jun 2007 Posts: 5,260 Patient Advocate (old timer, 2000 posts) | | Patient Advocate (old timer, 2000 posts)
Joined: Jun 2007 Posts: 5,260 | It seems after 15 years you have a guaranteed pension. I might be wrong but that's a federal setup to protect workers.. Whatever you do, don't resign. There has to be a lawyer that would eat your case for dinner. Try contacting a news reporter. They love this kind of story.
Since posting this. UPMC, Pittsburgh, Oct 2011 until Jan. I averaged about 2 to 3 surgeries a week there. w Can't have jaw made as bone is deteroriating steaily that is left in jaw. Mersa is to blame. Feeding tube . Had trach for 4mos. Got it out April.
--- Passed away 5/14/14, will be greatly missed by everyone here
| | | | | Joined: Apr 2005 Posts: 2,219 Patient Advocate (old timer, 2000 posts) | | Patient Advocate (old timer, 2000 posts)
Joined: Apr 2005 Posts: 2,219 | David,
I would suggest that you look for a Labor & Employment attorney. This would most likely be the type of lawyer that could help you.
Good luck...sounds like a you deserve a lot better treatment.
Jerry
Jerry
Retired Dentist, 59 years old at diagnosis. SCC of the left lateral border of the tongue (Stage I). Partial glossectomy and 30 nodes removed, 4/6/05. Nodes all clear. No chemo no radiation 18 year survivor.
"Whatever doesn't kill me, makes me stronger"
| | | | | Joined: Sep 2006 Posts: 1,357 Likes: 5 "OCF Canuck" Patient Advocate (1000+ posts) | | "OCF Canuck" Patient Advocate (1000+ posts)
Joined: Sep 2006 Posts: 1,357 Likes: 5 | Well that just sucks - grrrrrrrrrrr. Get that lawyer and get this resolved!
Donna
Donna,69, SCC L Tongue T2N1MO Stg IV 4/04 w/partial gloss;32 radtx; T2N2M0 Stg IV; R tongue-2nd partial gloss w/graft 10/07; 30 radtx/2 cispl 2/08. 3rd Oral Cancer surgery 1/22 - Stage 1. 2022 surgery eliminated swallowing and bottom left jaw. Now a “Tubie for Life”.no food envy - Thank God! Surviving isn't easy!!!! .Proudly Canadian - YES, UNIVERSAL HEALTH CARE IS WONDERFUL! (Not perfect but definitely WONDERFUL)
| | | | | Joined: Sep 2006 Posts: 8,311 Senior Patient Advocate Patient Advocate (old timer, 2000 posts) | | Senior Patient Advocate Patient Advocate (old timer, 2000 posts)
Joined: Sep 2006 Posts: 8,311 | As much as I don't like to use them (sorry Jeff), I suggest that you get a mean Labor Atty. There is a time when lawyers do come in handy and this is definitely one of them.
David
Age 58 at Dx, HPV16+ SCC, Stage IV BOT+2 nodes, non smoker, casual drinker, exercise nut, Cisplatin x 3 & concurrent IMRT x 35,(70 Gy), no surgery, no Peg, Tx at Moffitt over Aug 06. Jun 07, back to riding my bike 100 miles a wk. Now doing 12 Spin classes and 60 outdoor miles per wk. Nov 13 completed Hilly Century ride for Cancer, 104 miles, 1st Place in my age group. Apr 2014 & 15, Spun for 9 straight hrs to raise $$ for YMCA's Livestrong Program. Certified Spin Instructor Jun 2014.
| | | | | Joined: Sep 2008 Posts: 711 "Above & Beyond" Member (500+ posts) | | OP "Above & Beyond" Member (500+ posts)
Joined: Sep 2008 Posts: 711 | Thanks for the replys. I will continue to look for a lawyer though I'm running out of time. The ADA sounds like a good idea. I was also told yesterday to try the Veteran's Administration. I'll try both of those on monday.
David R.
David R. 65 yr old male non-smoker, light drinker, stage 3 or 4, depending on which doc you ask, scc rt. tonsil, 2 nodes, 7 weeks radiation and chemo. No surgery. Teatment ended 3/20/08. PET scan 8/08 showed no cancer.
And now, as of oct, 2010, caregiver to wife, Linda, with breast cancer.
May, 2013, Linda diagnosed with stage 3 ovarian cancer. Enuf already.
| | | | | Joined: Aug 2007 Posts: 580 "Above & Beyond" Member (500+ posts) | | "Above & Beyond" Member (500+ posts)
Joined: Aug 2007 Posts: 580 | David R.,
I'm in your corner...not that I can do anything. Employers can be a hard bunch sometimes when it comes to time off and leave of abscence for illness and any reason for that matter. I'm suprised that your union is not doing more to help you out. Unions usually have legal counsel that will represent the employee in this type of circumstance at no cost to the member. Being a member of a union usually benefits those requiring time off for illness more than those employees who are not members of a union.
Try writing a letter to your union president describing what you have gone through and your attempt to get back to work include what your were told and by whom on what date and include copies of your doctor's letters etc. Ask that they respond to you in a timely fashion in writing.
It is also not bad advice to find an employment attorney and run your situation by one or two of them. I feel you must have some rights somewhere here especially when you properly notified everyone in advance and kept them updated with information from your doctors. I also feel that 15 years of service has to count for more than what you are being creditted for.
Just my opinion, for what it's worth.
Cheers,
Mike
Dentist since 1995, 12 year Cancer Survivor, Father, Husband, Thankful to so many who supported me on my journey so far, and more than happy to comfort a friend.
Live, Laugh, Love & Learn.
| | | | | Joined: Jun 2007 Posts: 10,507 Likes: 7 Administrator, Director of Patient Support Services Patient Advocate (old timer, 2000 posts) | | Administrator, Director of Patient Support Services Patient Advocate (old timer, 2000 posts)
Joined: Jun 2007 Posts: 10,507 Likes: 7 |
David:
Have you called your union higher ups yet? Does your union have a benefits sepcialist or co-ordinator? Dont just take the word of your shop steward. Go up the chain. Im a union worker and am so surprised they wont help you with this. Start filing greivances, my union has a 30 day window of date of occurance in which to file a greivance. Dont give in, dont let them bully you into quitting. If you quit then its over, they probably wouldnt rehire you at all.
Hope you have found help with the ADA? At least they could point you towards a good attorney.
Hoping you have some good results soon.
ChristineSCC 6/15/07 L chk & by L molar both Stag I, age44 2x cispltn-35 IMRT end 9/27/07 -65 lbs in 2 mo, no caregvr Clear PET 1/08 4/4/08 recur L chk Stag I surg 4/16/08 clr marg 215 HBO dives 3/09 teeth out, trismus 7/2/09 recur, Stg IV 8/24/09 trach, ND, mandiblctmy 3wks medicly inducd coma 2 mo xtended hospital stay, ICU & burn unit PICC line IV antibx 8 mo 10/4/10, 2/14/11 reconst surg OC 3x in 3 years very happy to be alive | | | | | Joined: Aug 2008 Posts: 716 "Above & Beyond" Member (500+ posts) | | "Above & Beyond" Member (500+ posts)
Joined: Aug 2008 Posts: 716 | David,
Start with the Union--the higher ups. Call them ASAP. Labor relations would be good and an attorney would be excellent. But, start with the Union and their staff...ignore the shop steward and definitely don't take the company's word. Use a lawyer as the last resource after you exhausted all of the Unions abilities. Once you get a lawyer on your own the Union usually can't help you then. Call the top command of your Union...They should be able to help and negotiate for you.
best of luck
7-16-08 age 37@Dx, T3N0M0 SCC 4.778cm tumor, left side of oral tongue, non smoker, casual drinker, I am the 4th in my family to have H&N cancer
8-13-08 left neck dissection and 40% of tongue removed, submandibular salivary gland & 14 nodes clean, no chemo, IMRTx35
11-4-08 Recovering & feeling better
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