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Posted: 11/5/2002 8:36:56 PM EDT
Ladies and Gents, I have been very sick since the first week of October. Unbearable headaches, nausea, high fever, etc. At first, it was feared I had either spinal meningitis, or the West Nile virus. Had a CAT scan, MRI, and numerous trips to the ER, not to mention other appointments. Everything showed clear, and all the doctors can do is ease my pain with medication, which isn't doing nothing but reducing my mental state to that of a 12 year old. It is sooo bad, Demorahl (sp) won't completly eas my pain. I am taking valium, hydrocodone, and darvasett (sp). I am not taking these pills just to be pill junkie, and I am taking them in very guarded amounts (not every 4-6 hours like the lable says). I am in serious pain, though some days are better than others. I have even gone into the office on the good days, but have been promptly told to leave until I could stay the entire work day and not to come back with out a doctor's release. Turns out that a chiropractor has found my neck is in between phase 2 and 3 of sublaxtion (sp again). Its very bad, and may require surgery. Anyway, I called to check in today and ask about my insurance and Short Term Disability, and was told to start drawing unemployment. They are forcing me to resign. They want my resignation in writing tomorrow morning. I told them I am refusing to resign, and they might as well lay me off (which they replied they won't do). Either resign or get fired. Any ideas on what I should do? I have worked there since April 1st, and really like the job and need the insurance (which has since changed on November 1st, while I have been sick). HR is claiming it is a pre-existing illness and I can't draw Short Term Disability anyway. Thanks for listening...... Jarhead94
Link Posted: 11/5/2002 8:41:27 PM EDT
dude, that sucks.. but you do have a bona-fide illness, and the employer can't fire you for that.. definately get a lawyer, good luck man, were all routing for you..
Link Posted: 11/5/2002 8:44:46 PM EDT
[Last Edit: 11/5/2002 8:45:37 PM EDT by Citabria7GCBC]
where in texas you located? i might know some defense attornies...but then again maybe not....i will also pray for your situation. if they lay you off....give us their e-mails...and try to get the "family" to e-mail them. P.S. "family" = ar15.com army [:D]
Link Posted: 11/5/2002 8:52:21 PM EDT
[Last Edit: 11/5/2002 8:56:54 PM EDT by Max_Mike]
Do not resign. Do not sign anything before you see a lawyer. If you resign you may not be eligible for unemployment and will most likely lose all benefits. Do not resign. Do not sign anything.
Link Posted: 11/5/2002 9:02:18 PM EDT
Thanks for the prayers and thoughts guys.....its really good to have support on this. I live near Texarkana (NE Texas), first thing I did was call a lawyer, but I had to leave a message. If things turn shitty, I will give the call to "route step" on their asses and we can bombard them with e-mail. I really need to hear some advice, so feel freeto post your thoughts. BTW, I ain't signing shit. The kicker is, they have been really concerned for my health during all of this, and then today comes the left hook from hell. Jarhead94
Link Posted: 11/5/2002 9:05:07 PM EDT
[Last Edit: 11/5/2002 9:05:46 PM EDT by DScottHewitt]
[b][red][size=6]Originally Posted By Max_Mike: Do not resign. Do not sign anything before you see a lawyer. If you resign you may not be eligible for unemployment and will most likely lose all benefits. Do not resign. Do not sign anything.[/size=6][/red][/b]
View Quote
What he said, stronger...... Scott
Link Posted: 11/5/2002 9:08:59 PM EDT
Um, I think you need a [i]good[/i] second opinion from another doctor. That's a shit load of pain pills which will kill almost all types of pains. Trust me..I know. I have four leaking disks and had a double level back fussion surgery done last year. MRIs and CAT scans would have clearly showed any possible back problem! You need another Doctor...and not a Chiropractor, they aren't fully qualified to diagnose a need for [i]any[/i] back surgery. Sgtar15 PS If you are taking that many pain pills I can tell you from experience that the detox are going to be a bitch!!
Link Posted: 11/5/2002 9:18:17 PM EDT
This is one of those situations where those evil,wastfull unions come in handy.[:)] What the hell can you do? Demand your sick pay.Have your lawyer threaten them. The squeaky wheel gets the grease.
Link Posted: 11/5/2002 9:24:27 PM EDT
I know Chiropractors have a bad rep, and I am going to see Dr. David Bundrick in Shreveport in a few days. I have had 2nd, 3rd, and 4th opinions.....the MRI showed some fluid in my sinus cavity, but that turned out to be incorrect after being examined by a E,N,& T Surgeon.....he claims that it is stress.... I can plainly see in the x-ray how bad my neck is screwed up, so I am hoping we can get it corrected promptly. Let me make it clear that I am taking as little as two hydrocodone a day along with 2 to 4 Advil daily. It is hard to tuff out the pain, but I WON'T let myself become a slave to them as my uncle did. I don't want to make it sound like I am just gettting off on pain pills and taking them all at the same time.....it just what meds I have been prescribed after seeing different doctors. Thanks for all the concern out there.....I just wanted to let everyone know what's going on and get different opinions. JarHead94
Link Posted: 11/5/2002 9:27:42 PM EDT
While employment law is a foreign subject for me, I do know one thing.... [size=4]Do [u]not[/u] resign under any condition. Never! Understand?[/size=4] We'll talk more about this tomorrow. Eric The(Sleepy)Hun[>]:)]
Link Posted: 11/5/2002 9:32:51 PM EDT
Originally Posted By JarHead94: I can plainly see in the x-ray how bad my neck is screwed up, so I am hoping we can get it corrected promptly. JarHead94
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What exactly is it that you see? Curves? misallignment? An MRI would show any problems with the neck much better than an X-ray. Why does the doctor thing it's strees? Are you stressed? Exactly where is your pain coming from? Not trying to be nosy, just trying to understand/help. SGtar15
Link Posted: 11/5/2002 9:44:00 PM EDT
ETH, I was hoping you would chime in. We met at Big Town a few months ago and we all went to eat Mexican food. I was the one with my wife along tightly grasping the check book (read...white knuckles!!). Sorry I didn't make the last one, my wife and I were looking forward to going. I won't give in and resign. Basically, they only did a MRI on my head only. The way I understand it, a proper neck should have a slightly curved shape when viewed in profile. Mine is flat and bent forward at a severe angle. It is bad enough that it hurts to hold my head straight up. Anyone heard of this? JarHead94
Link Posted: 11/5/2002 9:49:56 PM EDT
[Last Edit: 11/5/2002 9:51:16 PM EDT by sgtar15]
Goto [url]www.whiplash101.com[/url] sounds like stressed neck muscles to me. Relax, go shooting. Hope it helps Sgtar15
Link Posted: 11/5/2002 9:51:39 PM EDT
SGTar, Not sure why the doc thought stress....I have really never been happier. Don't worry about being nosey, ask all any question you want to (well...almost any question). The pain had been jumping all over my head. One minute it felt like a sinus headache, then my temples would THROB!!, and the back of my head hurts, too. It even felt as if someone gave me a lick on top of the head with a Louisville Slugger. During the early days, My neck was very stiff, the medical doctor thought meningitis, but then ruled it out. They eventually gave me trigger shots in the back of the neck which gave some temporary relief. I am going stir crazy!!!! I haven't got out of the house much, and I rest all day. JarHead94
Link Posted: 11/5/2002 9:56:40 PM EDT
[Last Edit: 11/5/2002 10:04:44 PM EDT by DScott]
Lucky for you, some of the best back doctors in the country are at the Texas Back Institute. They have clinics all over Texas it seems. Do yourself a favor, go here, check it out, and go see someone with a good reputation: [url]http://www.texasback.com/[/url] Edited to add: This must be the guy you're going to see- seems like a reputable fellow: [url]http://yp.bellsouth.com/sites/boneandjointclinic/page2.html[/url] Good luck...
Link Posted: 11/5/2002 9:58:04 PM EDT
JarHead94--- From a HR guy, do not resign. This is clearly a strong arm tactic. A pre-existing condition must be proven by a doctor. If this is your first documented case of your condition, the company/insurance carrier has no case. Keep good notes on who you talk to and when, what was discussed and ask for everything in writing. Usually, this will call their bluff and let them know you are seeking legal counsel. Most likely they will bend. Under FMLA (Family Medical Leave Act)they are required to hold your same position for a period of not less than 12 weeks. (only 6 have to be paid) Good Luck and keep us up-to-date PS you have mail!
Link Posted: 11/5/2002 10:02:52 PM EDT
I would also see a disability lawyer… see if you can claim workman’s comp. or get disability, if your employer wants to play hardball hit back.
Link Posted: 11/5/2002 10:06:39 PM EDT
Originally Posted By Max_Mike: I would also see a disability lawyer… see if you can claim workman’s comp. or get disability, if your employer wants to play hardball hit back.
View Quote
oh...good call. get them thinking about WC...Texas is very employee friendly when it comes to WC claims.
Link Posted: 11/5/2002 10:12:41 PM EDT
Well from your name, I assume you're a Marine...So take some motrin and suck it up[:d] Juss kiddin killer, I'll say a prayer for yer health and situation... Good luck!
Link Posted: 11/6/2002 5:32:55 AM EDT
Motrin... ahh the memories .. of useless crap... :D NEVER RESIGN! NEVER RETREAT! ATTACK FROM A DIFFERENT DIRECTION!!!!
Link Posted: 11/6/2002 5:34:20 AM EDT
A chiropractor is not a REAL doctor. He can help some people but he can also make things worse as in my case. My pain head/neck pain got worse with adjustments. Months and months. Finaly went to a ortho and he showed me the broken bone in my neck the chiro missed in all 5 Xrays. It did take a MRI to find. Pain meds and rest, it healed.
Link Posted: 11/6/2002 5:57:08 AM EDT
Link Posted: 11/6/2002 5:59:02 AM EDT
Take a look at www.lawyers.com, go to their discussion boards and post a message. Shortly thereafter familiarize yourself with FMLA. It is the employers responsibility to track the number of days and if you qualify. Before actually paying for a lawyer you may want to check with your local labor industry department. They exist to handle stuff like this. Good luck.
Link Posted: 11/6/2002 6:05:42 AM EDT
You worked there six months??? Hell with a career like that,,being forced out after giving the company the best summer of your life,,,,I'd sue. You got sick, you miss work constantly, you have just got hired. I'd fire your ass too, sorry. As an employer, you like like a burden for the next 10 years, you drive up heath care costs for everybody and you have produced nothing except bills. You will loose in court over and over, it is not their job to fund your illness.
Link Posted: 11/6/2002 6:13:17 AM EDT
Link Posted: 11/6/2002 6:22:57 AM EDT
See a doctor about effective pain control. America is the most barbaric country in the world when it comes to pain control. Dilaudid and Amidrine are great choices. Amidrine is specifically for headaches. I have had great relief of stress headaches with it. Be a hairy nuisance. If the pain is not being controlled, find a [b]COMPETENT[/b] doctor. One who will help you control the pain, not give you useless (and potentially addictive) pain medicines to get you out of his hair..... Scott
Link Posted: 11/6/2002 7:02:35 AM EDT
Do NOT believe the company's Human Resources Department. They only exist for two reasons: to hire & to fire & you've already been hired. It still remains to be seen if you've been legally fired. Trust the HR guy above, frisco, who gave you the info about the FMLA. HR people are non-productive leaches who suck the life out of anyone productive. Their agendas are things like long lunches, bonuses for themselves, stirring the pot, self-promotion, hypocrisy, double standards, secret policies, etc. They operate a lot like the movie "Animal House" in that they like to do the "double secret probation" thing. Remember the term "Human Resources" aptly describes the way that they see you. You are only one more expendable resource, much like a raw material that comes in the door, proves to be "defective" & is thrown out. The term "Personnel" has more intellectual integrity. It doesn't lead you astray with some phony "caring" attitude.
Link Posted: 11/6/2002 7:04:04 AM EDT
One more thing: the company HR department is under no obligation to tell you the truth about anything.
Link Posted: 11/6/2002 7:08:16 AM EDT
Another message just reminded me that you have to be employed for a certain amount of time by a company to be eligible for FMLA protection. If you are not covered by FMLA and you work in an "at will" state, you might be SOL. As for medical coverage you also have to be employed for a certain period of time to be eligible for COBRA medical coverage. If you are not covered by COBRA your medical condition could be considered pre-existing under a new insurance plan and not covered. I just went through this in 12/2000. COBRA was only going to cost my family of 3, $625 /month. Worst case scenario; not covered by FMLA, not covered by COBRA, get fired and your employer challenges your access to workers compensation.
Link Posted: 11/6/2002 7:18:35 AM EDT
Originally Posted By JarHead94: Ladies and Gents, I have been very sick since the first week of October. Unbearable headaches, nausea, high fever, etc. At first, it was feared I had either spinal meningitis, or the West Nile virus. Had a CAT scan, MRI, and numerous trips to the ER, not to mention other appointments. Everything showed clear, and all the doctors can do is ease my pain with medication, which isn't doing nothing but reducing my mental state to that of a 12 year old. It is sooo bad, Demorahl (sp) won't completly eas my pain. I am taking valium, hydrocodone, and darvasett (sp). I am not taking these pills just to be pill junkie, and I am taking them in very guarded amounts (not every 4-6 hours like the lable says). I am in serious pain, though some days are better than others. I have even gone into the office on the good days, but have been promptly told to leave until I could stay the entire work day and not to come back with out a doctor's release. Turns out that a chiropractor has found my neck is in between phase 2 and 3 of sublaxtion (sp again). Its very bad, and may require surgery. Anyway, I called to check in today and ask about my insurance and Short Term Disability, and was told to start drawing unemployment. They are forcing me to resign. They want my resignation in writing tomorrow morning. I told them I am refusing to resign, and they might as well lay me off (which they replied they won't do). Either resign or get fired. Any ideas on what I should do? I have worked there since April 1st, and really like the job and need the insurance (which has since changed on November 1st, while I have been sick). HR is claiming it is a pre-existing illness and I can't draw Short Term Disability anyway. Thanks for listening...... Jarhead94
View Quote
Rocket Scientists you don't work for... Unless you are covered my a contract or union agreement you are considered an "AT WILL EMPLOYEE" they needed no reason at all to say TaTa to you. Just we don't need your service. What those slicky boys (girls) did was give you a case of Constructive Discharge. They can fire you...or...you can quit. But they CAN'T force you to resign. Get a labor lawyer.
Link Posted: 11/6/2002 7:33:13 AM EDT
My Chiropractor was a Rocket Scientist re-designed the 3.5s They wanted to fuse my spine..I was down for a long time..with back probs.. Stick with the chriopractic...and document all your treatments..keep copies of all your medical contacts...every time you had your temp taken...and all your vitals...your xrays etc.. DO NOT SIGN ANYTHING..and certainly do not resign.. I would keep sending them reports...on your medical condition and of course keep the originals send them copies and send them via registerd mail..telling them how much you look forward to returning to work..as soon as you are well enough..keep them appraised of your condition and keep all originals
Link Posted: 11/6/2002 8:09:46 AM EDT
UPDATE..... Just got back from seeing the chiropractor again, and he is sending me to another med doctor (either ortho or nuero....not really sure). He doesn't think he can handle something this serious. They are gonna do another MRI on my neck. I am still waiting to hear from a lawyer I called yesterday. I am in a lot of pain today, so I am gonna keep it short. Thanks for the prayers and responses I will check back later with ya'll Jarhead94 P.S. To all you jarheads out there......those motrin jokes are cracking me up....my wife wonders why!!
Link Posted: 11/8/2002 11:57:10 PM EDT
We're praying for you. Hope things turn for you. Hang in there, and "Happy Birthday Marine!" Semper Fi & Don't Let the Bastards Wear You Down! dave
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