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Joined: May 2009
Posts: 113
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Joined: May 2009
Posts: 113
As you all know I am a stubborn ass when it comes to anything! I am finishing up my 2nd week of Rads today and found out last week that my employer was going to terminate me today and wants me to sign termination papers....lol, I told them I wanted to continue to work through this as long as I can. Like I said I am 2 weeks in and not having any problems that will keep me from working. So I found out from my General Manager they want to fire me before I am there 1 year which is in 1 week and re-hire me once I have finished treatment. I just flat out laughed! Thank GOD I do not use there benefits or I would be screwed! I told them if they will put in writing that they will hire me back at my current position and current pay I will sign the termination papers if not they can wipe there ass with them! So we will see how today goes! I guess next week is when all the fun begins from what I hear on this site! As for now I have been working 10 hr days and playing golf on my days off (I know Davidcpa I should be conserving my energy) I just recently lost my taste and my tongue is a little sore. I have been brushing my teeth 4 times a day, rinsing with caphosol 3 times and drinking about a gallon of water/gatorade daily. Of course eating even though it tastes like sh*t! I started out weighing 195 and today I am 196.8! I remember David saying that I will be the rare 1 that will actually gain weight throughout treatment since I fought so much on doing it and of course not taking the PEG! Lol, I currently just juiced 2 grapefruit, 3 oranges and 2 peaches that I am having for breakfast then I will suck down one of these CIB Fat bombs! lol, that gets me going, then I eat solid foods the entire day. I will keep you all posted on my journey! You all know it will be interesting to say the least! 1 thing that is pretty funny my Radiation tech girls are pretty hot and my wife is getting the jealousy bug! I just laugh at her...damn 25 yr olds! lol, have a great weekend everyone! TGIF 2 days off now!


30 yr old M non-smoker (stuborn ass italian)
SCC left side Tongue 2/17/09, Partial Gloss. 2/25/09
Left ND 5/20/09 10 nodes, 1 pos (1.7cm w/xtra cap spread)
Finished Rads IMRT X 33 8/18/09 (70gy)No PEG, No Chemo
"On the long road to recovery 1 step at a time"
Joined: Feb 2007
Posts: 1,940
"OCF across the pond"
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Wow

what a star you are.Well done and keep up the great attitude

love liz


Liz in the UK

Husband Robin aged 44 years Dx 8th Dec 2006 poorly differentiated SCC tongue with met to neck T1N2cM0 Surgery and Radiation.Finished TX April 2007
Recurrence June/07 died July 29th/07.

Never take your eye off the ball, it may just smack you in the mouth.
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You have me laughing at this post, LOL It all soounds so familiar. But I lost 70 lbs due to no fault of mine. Damn surgeries got me. Hell, een if theu had left me 2 teeth, one upper and one lower, I would be eating FOOD instead of mush. LOL


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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I wouldn't sign anything agreeing to be terminated unless you consult a labor atty. For an hour's consultation fee I bet you will learn a lot about your rights. Even if you don't listen to me as you are prove to, I would document that you signed those papers under extreme emotional duress. Car dealers can be scummy employers IMO.


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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If they intend to rehire you, why are they terminating you rather than laying you off? It sounds like they are trying to get out of paying you for disability leave. Also if you are terminated, I think there is a 6 weeks penalty period for unemployment.

What is the reason for the termination? If it is medical, I don't think it is legal. See an attorney as David suggests and don't sign anything until you do.

My company used to make us sign a paper that said we would VOLUNTARILY resign if we were out on disability more than 12 weeks. It was of course illegal but they got away with it. I wasn't out 12 so I didn't have to challenge it. I altered the working to INnvolunarily before I signed it just in case. You should have seen look on the personell guys face.

Good luck and take care,
Eileen


----------------------
Aug 1997 unknown primary, Stage III
mets to 1 lymph node in neck; rt ND, 36 XRT rad
Aug 2001 tiny tumor on larynx, Stage I total laryngectomy; left ND
June 5, 2010 dx early stage breast cancer
June 9, 2011 SCC 1.5 cm hypo pharynx, 70% P-16 positive, no mets, Stage I
Joined: May 2009
Posts: 113
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Joined: May 2009
Posts: 113
I already have an attorney foaming at the mouth but seeing as how Mr Wallace owns 11 of the 18 dealerships in my area I dont want to burn any bridges so I left quietly! I did not sign the termination paperwork and told them I will be filing for unemployment. They say they are going to re-hire me when I am finished as long as I bring them a medical release from my RO which wont be a problem....Come on David! I listen to you more than I listen to my wife....lol! With that being said I am off to swing the sticks! Kinda funny the neck dissection straightened out my drive...lol


30 yr old M non-smoker (stuborn ass italian)
SCC left side Tongue 2/17/09, Partial Gloss. 2/25/09
Left ND 5/20/09 10 nodes, 1 pos (1.7cm w/xtra cap spread)
Finished Rads IMRT X 33 8/18/09 (70gy)No PEG, No Chemo
"On the long road to recovery 1 step at a time"
Joined: Apr 2009
Posts: 75
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Joined: Apr 2009
Posts: 75
I am an attorney and they can only fire you (I am assuming you do not have a contract) for just cause. There is no way that your employer will put the proposed deal in writing( he would be really dumb to do so)I would suggest you contact an attorney. I would help you but each state has different case law. Good luck


Squamous cell / BOT with lymph node involvment, Stage 4, HIV-, cisplatin 3 weeks of 7, stopped due to kidney issues and neuropathy,35 radiation treatment started 5/6/09,started weekly erbitux on 6/2/09. Completed tx on 6/24/09, biopsy 8/11/09 clean, PET Scan 10/5/09 clear, PET Scan 6/11/10 clear
Joined: May 2009
Posts: 113
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Joined: May 2009
Posts: 113
Yea they can fire you for "just cause" when it doesnt fall under discrimination. Which I know is very hard to prove, however in my case it is pretty cut and dry being I am a week and a half from my one year and I am about to go through treatment for cancer. Doesnt take a brain surgeon to figure that out. Now is it worth all the headaches and legal BS to fight it at this point...I dont think so but maybe in a couple months when I am ready to go back to work and they dont hire me back it will be.

On to better things.....This not being able to taste REALLY REALLY SUCKS!!!!! I was soo hungry and just went grocery shopping, got all this food to make and it all tastes like complete ass...not a little ass but the entire ass!!! I hate lemonade and that was the best tasting thing I had all day! lol guess I better get used to it! lol, now would be a good time for my wife to learn how to cook!


30 yr old M non-smoker (stuborn ass italian)
SCC left side Tongue 2/17/09, Partial Gloss. 2/25/09
Left ND 5/20/09 10 nodes, 1 pos (1.7cm w/xtra cap spread)
Finished Rads IMRT X 33 8/18/09 (70gy)No PEG, No Chemo
"On the long road to recovery 1 step at a time"
Joined: May 2008
Posts: 551
"Above & Beyond" Member (500+ posts)
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Joined: May 2008
Posts: 551
Jim,

You say you're a stubborn ass Italian, yet you're letting your employer willfully break the law? Terminating you is in violation of the Family and Medical Leave Act.

http://www.dol.gov/esa/whd/fmla/

Do whatever you want, but I wouldn't accept it.


Stage IV SCC lt lateral tongue, surgery 5/19/08 (partial gloss/upper neck dissection left side/radial free flap reconstruction) IMRT w/weekly Cisplatin & Erbitux 6/30/08, PEG 1 6/12/08 - out 7/14 (in abdominal wall, not stomach), PEG 2 7/23/08 - out 11/20/08, Tx done 8/18/08
Second SCC tumor, Stage 1, rt mobile tongue, removed 10/18/2016, right neck dissection 12/9/2016
Third SCC tumor, diagnosed, 4/19/2108, rt submandibular mass, HPV-, IMRT w/ weekly Cisplatin, 5/9 - 6/25/2018, PEG 3 5/31/2018
Joined: Aug 2008
Posts: 716
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Labor Relations...That would be my call...No doubt...

Good Luck...I remember being in the boat you're on all too well....

Think about getting Carnation VHC...tough part is coming and this may help you out a lot..it helped me.



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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