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#67310 01-11-2008 01:30 PM
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I really could use some good advice. I finished my radiation on Sept 27th and returned to work a quick 6 weeks later. I have worked for 10 years in a call center taking incoming calls for a very large nationwide company. I am also covered by a union. When I returned to work, due to fatigue and problems with dry mouth my doctor put me on 1/2 days and no phones. My company put me on a project which keeps me productive.

Now, I am back to work for 2 months and see no real improvements in my health. Im more tired and have had a cold for the whole 2 months. I still can barely eat, and suffer from dry mouth so I dont talk much and always have a water bottle on my desk. My doctor refused to allow me to work full time until I can eat and talk normally without being fatigued. I currently rely on a PEG tube for most of my nutrition. My doctor very roughly estimated at least til June I need to be part time. This has been given to my employer in writing.

Yesterday, I found out that my company is trying to force out anyone who doesnt work full time in their regular job. One person who worked 30 hrs per wk has already been affected by this. Poor man had a heart attack last year and cant work like he did before. His hours were cut back to 20 per week and if he wants to keep his medical benefits, he must pay full price for them. In addition to cutting him back, he can never return to be a full time employee.

Today, I received a letter stating that I have no medical reason to prevent me from working full time at my regular job. My doctors orders were completely ignored. I am also the next one being looked at to have their hours cut. So either way with cut hours and losing medical benefits or doctors orders being ignored, Im in trouble and need some good advice.

Basically, I need help to know if anyone else has ever dealt with something like this before. If its legal to force someone out of their regular job due to medical reasons. My work restrictions are only temporary until Im well enough to do my job, which Im hoping is soon. But with recovering from cancer, this isnt something easy to predict.

Any advice given will be greatly appreciated.





Christine
SCC 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 smile
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Don't know about the legalities of it, but here in the UK, my first port of call would be the Union rep!
Can understand partly how you feel though, in October, I read an advert in the local paper for MY job from January to July--and I was only 1 week away from my 'sick note' expiring!!
Hope you get some advice
Brenda


Brenda in UK--Diagnosis 30/5/07--undifferentiated carcinoma in right jawbone and muscles. Stage 4
6/7/07--new diagnosis primary is in lung. Finished 4cycles of palliative carboplatin/gemcitabine
therapy September 07
Now dying to live!
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Christine - Wish I could think of some good advice, - seems like so many companies just do not have the heart and loyalty to their employees like they used to years ago. You have to think of yourself, first and the importance of your health. Since you mentioned that they put you on a project, could this project be done at home? Is there someone that could talk to the responsible people at the company for you . . . like your doctor or the Union rep.? Maybe they could refer to the letter stating "no medical reason, etc." and repudiate that somehow with facts.


Anne-Marie
CG to son, Paul (age 33, non-smoker) SCC Stage 2, Surgery 9/21/06, 1/6 tongue Rt.side removed, +48 lymph nodes neck. IMRTx28 completed 12/19/06. CT scan 7/8/10 Cancer-free! ("spot" on lung from scar tissue related to Pneumonia.)



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Thanks Anne-Marie and Brenda for your responses. As far as the union goes, they wont get involved. I already spoke to them. Their response was if your doc says you can only work part time, even if temporary then the company can say they only want you part time. Brenda, are you still working or did your company hire someone for your job?

My doctor sent my company a 7 page very detailed letter stating all the medical info and it was ignored. Im scared that as a single mom with my income supporting the family, I will end up losing everything if they push me to a part time status. Next week, I go see my other oncologist and I will see what she says about working more. So far my ENT and rad. oncologist have both say no way cant work more yet. My next plan is to also speak to the management person who is in charge of this process in the office. She isnt the one making the decision, but she must have some kind of input.

Unfortunately I cant work from home, but that sure would be great. I know here in PA its illegal to fire an employee for medical reasons. So it seems to me that they arent firing people but finding a way to weed out any medical liabilty person.





Christine
SCC 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 smile
Joined: May 2007
Posts: 632
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If your doctor says only part-time at the moment, then don't even attempt to work longer hours.
Believe me, your health is far more important than money at the end of the day. I've been a single parent and know it's possible to live for a few years (certainly struggling!) without a job.
Things WILL get better.
I'm 58 and terminal and still 'on sick', but had semi-retired anyway --took a reduced pension--and was only doing 2 days a week.
I'm actually saving money--don't need work clothes, or petrol.
money to get to and from work!
My job is still 'open', I've been replaced temporarily until July and my doc has just given me a sick note for 6 months--if I even live that much longer!
You're younger so it's obviously harder for you, but do remember your health must come first--for your own AND your children's sakes

Brenda


Brenda in UK--Diagnosis 30/5/07--undifferentiated carcinoma in right jawbone and muscles. Stage 4
6/7/07--new diagnosis primary is in lung. Finished 4cycles of palliative carboplatin/gemcitabine
therapy September 07
Now dying to live!
Joined: Jun 2007
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Brenda:

You are right. My health is more important than my job. Im a worrier and dont need this on my mind right now.

Im so sorry to hear of your health problems. Thank you for telling me, it puts things back into the right perspective. I wish you the best in your fight of this terrible disease.



Christine
SCC 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 smile
Joined: Jun 2007
Posts: 718
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Hi Christine,

Here is a web site on cancer and the disabilities act in the workplace. I didn't see a direct answer, but I found it an interesting read...and, there are other links on the page.

http://www.eeoc.gov/facts/cancer.html

Dan's company is just the opposite, they want to follow the dr. orders to the letter. Dan wants to return to full time, but I'm a little glad he can't yet. And, I'm hoping his company will be patient. His job is a lot of travel and while he handles the trips well (he's working 3 days per week), he's very tired when he comes home and is usually behind on calories. Although, I am seeing great signs of improvement.

Do you have a union rep that you can talk to?

Why can't the guy whose hours were cut EVER return to full time, that doesn't make any sense to me.


Margaret
----------
C/G: Husband, 48 (at time of dx)
Dx 5/18/07 SCC, BOT, lymph node involvement. T1N2BM0. (Stage 4a, G2/3)
Tx 6/18 - 8/3/07, IMRT x 33 Cisplatin x3 (stopped after 1st dose due to hearing issues). Weekly Erbitux started 6/27/07 completed 8/6/07.
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Christine,

You need to consult immediately with a Labor Attorney. Labor law suits are usually very lucrative re settlements and most, if not all, Labor Attorneys take cases on contingencies so for you it sounds like a no loose situation with your back already forced against the proverbial wall. I am surprised that your Union is such a wuss. I mean who the hell negotiated your contact...the brother to the President of the company? JMHO

Oh, and one more thought...get the meanest, nastiest and most experienced Labor Attorney you can find. Interview more than one and pick the best. If they are as big a company as you say, local TV and newspapers may also want to join in your fight.

Last edited by davidcpa; 01-12-2008 10:36 AM.

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.
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Like all unions, I belonged the the USWA, and they just want those dues to live their life of leisure.. I was put out on a disabilty pension and when I was awarded SSI,, my pension was cut and I had to repay Wheeling Pittsburgh Steel over $18,000. That's how much we mean to them.. Try for SSI and in the mean time do what David said, find a good tough lawyer to fight for you..


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
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Margaret and David thanks for the info. The link was very helpful. Unfortunately our union is no where what it was even 5 years ago.

As far as the attorney goes, thats actually pretty comical. One of my benefits is a free attorney consultation and discounts if needed further. So, basically my company would pay for me to take action against them. David, thats exactly why I posted this situation on here, to find out if its commonplace or if it is something I can fight. My company is huge, over 240,000 employees nationwide.

I know something that might help with Dan's calories when he is working. My nutritionist helped me to count up what calories I needed per day. Did you know a pint of chocolate milk is 400 calories? Thats how I make my calories daily.



Christine
SCC 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 smile
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