Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > Alabama Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 05-15-2006, 12:13 PM
CAROL256 CAROL256 is offline
Junior Member
 
Join Date: May 2006
Posts: 2
Default Disability Discrimination/wrongful Termination

After Beginning To Work For A New Company In Alabama, I Was Diagnosed With Breast Cancer. During My Third Week Of Employment, I Went To A Cancer Specialist In Birmingham For A Second Opinion. Yes, I Did Have Breast Cancer. A Plan Was Then Discussed With Me About Treatment Options. Opon Returning To Work The Next Evening, I Brought In A Doctor Excuse With My Diagnose, Which Also Said That I Would Have To Have Multiple Doctor Appointments And Surgury.
The Personnel Manager Of That Company Appoached Me On My Job And Talked With Me About The Excuse. She Then Asked Me To Resign So She Wouldn't Have To Terminate Me. I Refused To Resign!!! Why Should I Be Forced To Do Something That I Didn't Want To Do? Due To The Stress Of Having Cancer And Then Losing My Only Income, My Immune System Got The Best Of Me. I Went To The Doctor And He Took Me Off My Job For The Next Four Days Because Of Pnewmonia Setting Up In My Lungs. I Also Had Surgery That Friday(lymph Node Biopsy) I Informed My Employer Of This On That Monday Before I Had To Be Out. Also After Having Surgery On Friday, I Made Another Call To The Employer To Let Them Know That I Did Have Sugery And That The Doctor Had Put Me On Medical Leave For The Next Two Weeks. After Returning Back To The Surgeon, The Doctor Then Stated That I Could Return To Work. I Called My Employer To Let Them Know That I Had Been Released To Come Back To Work. The Employer Informed Me That I Had Been Fired For A No Show And No Call!!!!! I Did Have A Witness That Was On Three Way When I Made These Phone Calls. A Friend Was Also At My Home When These Phone Calls Where Made.
During My Treatment, My Doctors Said That I Was Able To Work. But I Feel That I Was Presumed To Be Disabiled By My Employer And Was Fired!!
This Company Wouldn't Let Me Have Any Leave Personal Or Medical Leave. They Refuse To Lay Me Off. They Just Terminated Me.
Also Since I Did Have Cancer, I Had To Take Out Cobra Insurance From My Former Employer. During My Cancer Treatments I Received A Letter From My Insurance Company That My Cobra Insurance Was Terminating (after Two Months) Due To The New Employer(firing Employer) Had Took Out A Insurance Policy And That I Could Only Have One Primary Account With This Insurance Company. I Did Get That Straighten Up. Then This January, I Received Another Insurance Card With The Firing Companies Group Number On It. The Company Canceled That In Feb 2006. I Felt Harrassed By The Firing Company About My Insurance Also. I Never Paid A Premium For This Insurance.
Is This Considered To Be A Disabilty Discrimaination Or What?

Last edited by CAROL256; 05-15-2006 at 12:14 PM.
Reply With Quote
  #2  
Old 05-15-2006, 12:15 PM
CAROL256 CAROL256 is offline
Junior Member
 
Join Date: May 2006
Posts: 2
Default

[quote=CAROL256]After Beginning To Work For A New Company In Alabama, I Was Diagnosed With Breast Cancer. During My Third Week Of Employment, I Went To A Cancer Specialist In Birmingham For A Second Opinion. Yes, I Did Have Breast Cancer. A Plan Was Then Discussed With Me About Treatment Options. Opon Returning To Work The Next Evening, I Brought In A Doctor Excuse With My Diagnose, Which Also Said That I Would Have To Have Multiple Doctor Appointments And Surgury.
The Personnel Manager Of That Company Appoached Me On My Job And Talked With Me About The Excuse. She Then Asked Me To Resign So She Wouldn't Have To Terminate Me. I Refused To Resign!!! Why Should I Be Forced To Do Something That I Didn't Want To Do? Due To The Stress Of Having Cancer And Then Losing My Only Income, My Immune System Got The Best Of Me. I Went To The Doctor And He Took Me Off My Job For The Next Four Days Because Of Pnewmonia Setting Up In My Lungs. I Also Had Surgery That Friday(lymph Node Biopsy) I Informed My Employer Of This On That Monday Before I Had To Be Out. Also After Having Surgery On Friday, I Made Another Call To The Employer To Let Them Know That I Did Have Sugery And That The Doctor Had Put Me On Medical Leave For The Next Two Weeks. After Returning Back To The Surgeon, The Doctor Then Stated That I Could Return To Work. I Called My Employer To Let Them Know That I Had Been Released To Come Back To Work. The Employer Informed Me That I Had Been Fired For A No Show And No Call!!!!! I Did Have A Witness That Was On Three Way When I Made These Phone Calls. A Friend Was Also At My Home When These Phone Calls Where Made.
During My Treatment, My Doctors Said That I Was Able To Work. But I Feel That I Was Presumed To Be Disabiled By My Employer And Was Fired!!
This Company Wouldn't Let Me Have Any Leave Personal Or Medical Leave. They Refuse To Lay Me Off. They Just Terminated Me.
Also Since I Did Have Cancer, I Had To Take Out Cobra Insurance From My Former Employer. During My Cancer Treatments I Received A Letter From My Insurance Company That My Cobra Insurance Was Terminating (after Two Months) Due To The New Employer(firing Employer) Had Took Out A Insurance Policy And That I Could Only Have One Primary Account With This Insurance Company. I Did Get That Straighten Up. Then This January, I Received Another Insurance Card With The Firing Companies Group Number On It. The Company Canceled That In Feb 2006. I Felt Harrassed By The Firing Company About My Insurance Also. I Never Paid A Premium For This Insurance.
Is This Considered To Be A Disabilty Discrimaination Or What?
Reply With Quote
  #3  
Old 05-15-2006, 01:13 PM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

Please edit your post to use standard capitalization and punctution; i.e., do not capitalize every word. Your post is too hard to read as it stands.
Reply With Quote
  #4  
Old 05-15-2006, 04:12 PM
ElleMD ElleMD is offline
Senior Member
 
Join Date: Jan 2006
Location: MD
Posts: 12,080
Default

As you had only been with your new employer for 3 weeks you were not entitled to any leave or job protection. It stinks, but it is legal.

Were you on the insurance with this new employer? If so, you should be able to pick up COBRA with them. You do have to pay the premiums though as that is part of the deal. If you didn't pay anything, then yes,they could terminate your policy. Your former employer also had the right to end COBRA if you became eligible for another plan.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Termination while on disability? stdpdl Michigan Labor Laws 4 04-13-2006 09:46 AM
Termination while on FMLA/short term disability patches Michigan Labor Laws 6 02-15-2006 08:54 PM
CA- STD denied by an insurance company and State Disability ahioki Disability Leave Laws 2 02-01-2006 06:57 PM
State Of Hawaii Department Of Labor And Industrial Relations Disability Compensation laborlaw Hawaii Labor Laws 0 05-23-2005 10:38 AM


All times are GMT -8. The time now is 08:36 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming