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[ARCHIVED THREAD] - You can nuke this please. Got the answers I wanted.

Posted: 7/19/2017 6:35:03 AM EDT

ETA:. Nuke got questions answered.

Posted: 7/19/2017 6:42:23 AM EDT

[#1]

Sorry to hear the problems you are going through, and I hope you can get things resolved.

Having said that...you screwed up by not having the paperwork done before you had the surgery. I know getting surgery scheduled is difficult, but that was a BIG mistake.

Posted: 7/19/2017 6:50:31 AM EDT

[#2]

Quote History

Quoted:
Sorry to hear the problems you are going through, and I hope you can get things resolved.

Having said that...you screwed up by not having the paperwork done before you had the surgery. I know getting surgery scheduled is difficult, but that was a BIG mistake.

View Quote

ETA

Posted: 7/19/2017 7:06:52 AM EDT

[#3]

"They" should have had balls enough to tell you in the beginning how long you had before your insurance benefits would be cancelled. FMLA covers them legally, but ethically they sound like someone I would not wish to work for.

Posted: 7/19/2017 8:11:40 AM EDT

[#4]

Quote History

Quoted:
"They" should have had balls enough to tell you in the beginning how long you had before your insurance benefits would be cancelled. FMLA covers them legally, but ethically they sound like someone I would not wish to work for.

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ETA

Posted: 7/19/2017 9:36:27 AM EDT

[#5]

Dude, I'm not a lawyer, didn't stay at a Holiday Inn Express but my wife has had a few dealings with her company and FMLA.

This is my opinion only. Take it for what it is worth.

Do NOT go into work to "get your terminal open" to keep your insurance going if you haven't been given the go ahead by your Dr. to do so. It opens you up to being royally screwed more than you already are.

My wife had to wait a year before having a surgery because the recovery time was going to be longer than 12 weeks and she had already exhausted her FMLA balance from the previous year.

Go talk to a lawyer. Do so now.

Posted: 7/19/2017 9:56:18 AM EDT

[#6]

It is definitely time to talk to a lawyer.

I know that you said that you were trying to be a company man, and didn't make any claim under worker's comp for the injury. I am not familiar with worker's comp laws so I have no idea as to whether this is even a possibility, but, given what is going on now, it may be a good idea to go back and check to see if you can still file a worker's comp claim for the injury. At this point, it is possible that you may have missed a required deadline for providing notice. However, given the apparently serious nature of the surgery, it seems possible that the injury may have been immediately apparent once it occurred and would have been reported to the higher ups. If this is the case, it may at least satisfy initial notice requirements and have kept the possibility of filing a claim alive. If you can still file a claim, it would be another possible avenue to get your bills covered. At a minimum, it would be worth checking into.

Posted: 7/19/2017 12:43:10 PM EDT

[#7]

ETA

Posted: 7/19/2017 12:53:58 PM EDT

[#8]

ETA

Posted: 7/19/2017 1:47:36 PM EDT

[#9]

Quote History

Quoted:
But it makes no difference.

They dated my paperwork the 15th of May just like it would have been beforehand. So it doesn't change the outcome.

Understand this. I don't give a shit about the job. I'm a man of my word and was coming back to any position they had open. Keep in mind, it's not like I'm trying to keep that position. They go through people like water. I was a "senior" there as I had been there 1.5yrs.

I don't care about that position. I only care that they are cutting my insurance in the middle of my rehab. Which will likely hurt me for life. How can you tell me to go get fixed then tell me we're cutting your insurance, even though you've continued to pay your premiums.

FMLA is only good for 12wks. Everybody involved knew I would be out a minimum of 6mths. I don't care if they fill that position. I care that they backdated that paperwork, and are fucking with me, my family, and my future livelihood.

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Quote History

Quoted:

Quoted:
Sorry to hear the problems you are going through, and I hope you can get things resolved.

Having said that...you screwed up by not having the paperwork done before you had the surgery. I know getting surgery scheduled is difficult, but that was a BIG mistake.

But it makes no difference.

They dated my paperwork the 15th of May just like it would have been beforehand. So it doesn't change the outcome.

Understand this. I don't give a shit about the job. I'm a man of my word and was coming back to any position they had open. Keep in mind, it's not like I'm trying to keep that position. They go through people like water. I was a "senior" there as I had been there 1.5yrs.

I don't care about that position. I only care that they are cutting my insurance in the middle of my rehab. Which will likely hurt me for life. How can you tell me to go get fixed then tell me we're cutting your insurance, even though you've continued to pay your premiums.

FMLA is only good for 12wks. Everybody involved knew I would be out a minimum of 6mths. I don't care if they fill that position. I care that they backdated that paperwork, and are fucking with me, my family, and my future livelihood.

I hope you can get this resolved...I truly do. Hopefully a lawyer will help make things right.

Posted: 7/19/2017 1:57:47 PM EDT

[#10]

It's normal to backdate FMLA paperwork like that. It's really to cover your butt.

If you had any unexcused absences prior to the FMLA then you could be terminated for those.

It doesn't sound like your boss is being a weasel at all. It sounds like he is doing his job. I'm not really certain what else your employer can do to accommodate you. You should be closely reading your personnel policy manual to see what your options are. Your employer naturally can't keep paying their portion of your insurance premiums if you aren't on eligible leave (sick leave/vacation/PTO/etc).

As far as the workman's comp claim goes that is a long journey and you've probably already made a few mistakes by not reporting it. It will be difficult to get anything from that so consult with a few attorneys who specialize in that area and see what they think.

Posted: 7/19/2017 2:20:08 PM EDT

[#11]

I'm sorry to hear of your troubles.
You should definitely seek legal counsel.

You mentioned short term disability handled by a third party.
In my experience, FMLA provisions and short term disability were 2 separate programs.
Maybe you can get some financial relief from short term while you sort out the FMLA.

Posted: 7/19/2017 4:51:51 PM EDT

[#12]

Mississippi Worker's Compensation Commission (601) 987-4200 for some free advice. MS has a 30 day notice requirement. Good luck.

Posted: 7/20/2017 5:21:11 AM EDT

[#13]

Eta

Posted: 7/20/2017 6:01:41 AM EDT

[#14]

Way company looks at it.

You are now a liability, even if you come back you are a workman comp liability.

Didn't happen at work so not their problem and not a workman comp claim, they will make sure it remains that way. That means getting rid of you.

You are costing them money with no gain to them, they still have to pay their share of insurance costs so that is OOP money to them.

As you said, it is a high turnover position, you just got turned over.

HR is there to protect the company, not you the employee, people need to get that into their head.

Posted: 7/20/2017 9:59:47 AM EDT

[#15]

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Quoted:

They aren't giving me a fair shake. They are kicking me to the curb. So it seems.

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Seems like it is a normal treatment.

They don't want to pay your premiums. Either you come back to reset the FMLA clock, or you stay on leave.

You think it is the employer screwing you, but the treatment seems very normal. You are going to be out an extended time. Even my .gov job will kick you off the insurance after a set time. You would lose insurance with my employer too. Cobra would be it.

Posted: 7/20/2017 4:13:00 PM EDT

[#16]

ETA

Posted: 7/20/2017 4:29:53 PM EDT

[#17]

ETA

Posted: 7/20/2017 6:51:04 PM EDT

[#18]

You might want to move this to team. A lot of what you are saying would make for interesting questions by the defense attorney if you do file suit. You should talk to a lawyer in your state and consider nuking this.

Matt

Posted: 7/20/2017 7:38:09 PM EDT

[#19]

Lawyer up...

Posted: 7/20/2017 7:47:25 PM EDT

[#20]

Quote History

Quoted:

Nothing normal about lying to a man where I come from. It may be "just business", but when I was told to go get fixed and we'll figure it out, I took them at their word.

Furthermore, how do you come back to reset the clock is the doctor won't clear you?

Don't matter. I may not get shit done. But since I got the good news about an hour ago, fuck them. I'm never coming back. But I am going to try my damndest to sue them. So far being the good company man you can always call to handle shit, hasn't gotten me anywhere but hurt, pissed off, and stressed out.

So we fixing to try a different approach.

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What is the state law on filing for a workman's comp claim?

Claiming that it occurred at work is a different game. If it is work related, is that what you put on every doctor visit and pre-op paperwork? If you did, I bet your insurance would have denied the coverage from the beginning. Unless there is a subrogation agreement in play, your personal insurance won't want to play. I have done this and it is a mess. Mine is from 2008 and still isn't complete.

How would they know the doctor didn't clear you? It is a personal situation and is there a disclosure requirement?

Without very good documentation, you are going to have a heck of a time finding someone to go after them. Workman comp cases suck. Maybe your state is better, but it was a long nightmare for me.

Posted: 7/21/2017 4:27:24 AM EDT

[#21]

Quote History

Quoted:
You might want to move this to team. A lot of what you are saying would make for interesting questions by the defense attorney if you do file suit. You should talk to a lawyer in your state and consider nuking this.

Matt

View Quote

ETA: I appreciate the thought.

Posted: 7/21/2017 4:35:52 AM EDT

[#22]

ETA

[ARCHIVED THREAD] - You can nuke this please. Got the answers I wanted.

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