Don't just swish it, Jim, gargle. At least, that's what I did. Not only does the warm water soothe your mouth, it also helps work those 'swallow' muscles.

Watch out for that salt water, salt, even is very low concentrations can burn like hell once the mouth sores get started. Be careful that you don't swallow the magic mouuthwash when you gargle. It can mask your gag reflex and you don't want to aspirate anything into your lungs.

I have been on vacation for the past week, so this is the first chance I have had to chime in on this. Remember, no longer practice law, but litigated quite a few "wrongful termination" claims when that whole area of law got started.

I know you left of your own volition, but here are some things to keep in mind:

1. Absent a written contract which limits the right to terminate to termination for cause, or (in many states) a contract for employment for a specific length of time, an employer may terminate an employee with or without cause, so long as it is not for a prohibited reason (i.e. based on race, gender, national origin, retaliation for protected activity, etc.)

2. While it is, to a certain extent, dependent upon the facts of each situation, cancer (and its treatment) does represent a disability under the Americans With Disabilities Act, requiring the employer to make reasonable accommodations in employment, and limiting the right to terminate.

Item 2 is why your employer wanted you to sign termination papers -- thereby making it a voluntary termination and not subject to ADA or other things. However, even asking you to do that could arguably represent a violation of the ADA.

I know you don't want to pursue it for diplomatic reasons, and theat is fine, but thought this might be useful for others. The "just cause" requirement is largely a myth in most states and for most employment types. However, for those with cancer, the ADA can be a powerful ally.

Thanks Jeff! I am going to see how this all plays out. They keep telling me that they are definitely going to hire me back as long as I can bring in a doctors release which will not be a problem. I have documented everything down to the last day and have also kept emails that I wrote to the president. I have an attorney (who is also a friend) waiting for me to give the green light. I dont want to burn any bridges and even though this is down right scandalous it is a rough economic time and having a job that still pays someone like me $70k a year in Stuart Fl I am not going to rock the boat until it absolutely needs it. If they put me in that position then it will get ugly! When you spend 10 years selling Volvo's in Palm Beach Florida you meet a lot of "high powered" people! As for right now all I am trying to do is focus on getting through this treatment! Came back today and they finally prescribed me the magic mouthwash and diputul (something like that) for thrush! Mouth and tongue are starting to feel the affects!

I still don't get it. FMLA costs him nothing. It just allows you to take time off without pay for 12 weeks. It is not disability insurance. Do you have disbaility insurance, state or work? What kicks in at the end of the first year that he is trying to deny you beside the FMLA?

Here's the big question. If he fires you, do you lose your medical coverage? Do you lose life insurance? What other benefits would you have gotten at the end of the first year? When he hires you back, do you get your old seniority or do you start all over again.

I think you need to figure out exactly what expense this employer is trying to avoid because I don't think FMLA which costs him nothing financially is the reason he is firing you. I stronly suspect it has to do with your medical insurance. And if you lapse the policy, you most likely will not be able to get it back. Can you afford the COBRA?

Take care,
Eileen

That was probably Diflucan for thrush. I didn't know you had thrush? Kinda early for that crap but if you have it Diflucan will take care of it. thrush usually means the bacteria in your mouth are out of wack and it might be a good idea to eat one of those active yogurt products each day.

Yea he said that it was the beginning stages of thrush and that is the meds that he gave to me. Activa yogurt? Isnt that for digestion? I have been rinsing and brushing my teeth like a crazed lunatic cannot figure out why I am getting this already...whatever! At least I havent got the nasuea bug yet and can still put food down, its not comfortable or taste good but Im putting it down, lol.
As far as my work goes I have no idea what his deal is, no I do not take there insurance I get it thru my wife, have no paid vacation or any benefits that come with being there after 1 year. My attorney thinks he is getting some bad advice from someone because there is no reason behind it what so ever! Anyways Im over it for now.

I had Thrush once right after my Tx was over and then again about a year ago when my tongue almost split in two. Neither time was fun as I'm sure you know but this last time my dentist told me that I should eat one of those active culture yogurts every day to restore that natural balance of good bacteria in my body. Remember your tongue is under attack right now and when your saliva is compromised your oral cavity will never be the same as it was before treatment so we have to do a few preventative things like the Fluoride Trays, alcohol free mouthwash, frequent moisterings and perhaps for a few of us these active cultures.

hmmmm! I guess it wont hurt to try. Just dont want you messing with me David! lol, I can see me going into my RO and telling him the reason I cant get off the toilet is because a guy in a chat room told me to eat activa yougurt and he starts busting up laughing! On a good note it is getting a little bit better since I took the meds yesterday and have been drinking a ton of water. Yea this thrush isnt too pleasant, tried to eat a ham and cheese sandwhich today and it hurt like hell! Had to put it in the microwave to make it easier to eat. Making lasagna today for dinner! Im sure it will taste like ass but at least my wife will enjoy it! Kind of funny both the sales manager and the general manager at the dealership I work at both sent me text messages today saying hurry up and get back they cant handle the new guy! lol I hope its hell for them the next 2 months just like it is going to be for me!

Would I kid you???

Maybe when you are all through recovery and can take a joke, but don't worry now, you are safe.