Posted on 01/07/2008 by I handled it the best I could.
Viewed: 434 times
I was working for the CIBC, one of the big 5 banks when I got real sick right around Christmas. I was rushed to the hospital with a weird feeling that I was choking. Turns out I developed an allergy to some medication I was taking for my kidneys. It took many months of going to different doctors to realize no one really knew what the big problem was. After I stopped the medication, other health issues came to light due to the fact the medication I could no longer take was actually helping me cope with my situation. At the end of the sixth month of leave my insurance company deemed that there was no solid evidence that I should remain on disability insurance. Even though no progress was seen and the new meds were only causing side effects and caused me to be unable to drive, they decided there was not enough evidence. I was given the option of seeing some more doctors(they stopped issuing benefits) and if any one of them could figure out what was wrong ( I guess being sick is not a disability if they can not put a label on you) I could then submit to get my benefits back. Well since I had a mortgage payment and other bills, I spoke to work about coming back and try to work the best I could cope. I was told by my direct supervisor that he would not allow me to come back unless I called the insurance company and ask that my file be closed and give up any benefits I could get. Well since I needed to earn a living somehow I called my case manager and asked her to close the file and contact my manager as per his instructions. He got the call at 12 noon. At 2 pm I was in a meeting with him where I was informed due to performance issues I was being terminated. I was quite shocked since 6 months before I got sick I was given an "Award of Excellence" for performance. I was shocked to say the least. This story could go on for another 1500 words just describing this dinosaur of a manager but I think just the facts speak for themselves. I think I have justifiable reasons to sue? What do you think?
POST A COMMENTlabtech(01/08/2008)
I would run the whole thing past a lawyer, it sounds like they forced you out of a job. Most definitely go for unemployment benefits....and contact Equal Opportunity too. Your state may have the right to fire you for "no reason" - but it sure looks like you got fired for being sick. Just to let you know - any lawsuit will drag out forever.
SunnySideUp(01/08/2008)
I agree with labtech. You can definitely see a lawyer about this and DO go for unemployment. In certain states, they can fire you for no reason whatsoever but it sounds like they fired you because they didn't want to give you benefits.
SouthernProgrammer(01/08/2008)
I agree with the others, find a lawyer...
the confessor(01/08/2008)
Many state bar associations offer a free assessment to determine if you need legal help and can recommend the best attorneys to help.
DEFINITELY make some legal moves and do apply for unemployment. By not applying you may even look like you know you really don't deserve it...
Keep us posted!
CK(01/08/2008)
I can see many issues here regarding your case. 1) If you work in a 'at-will' state then you may not have a case. 2) Being out for that length of time (6 months) may be the limit of the benefits, legally. 3) You may see a lawyer, if you can't afford one then maybe visiting a student lawyer for free even though they can't give legal advice, they might be able to point the way and what options are available to you.
I have to agree that you should apply for unemployment ASAP.
anonymous(01/08/2008)
Definitely talk to a lawyer the first meeting is usually free, sometimes a small fee is required. Call the local Bar Association and describe your case to find out what type of Lawyer could serve you best.
The EEOC is another possibility.
I am not familiar with the EEOC lawyers now advertising in some states. You can give them a try.
Unless you want to apply for State or Federal Disability Benefits try for unemployment. But again, you should get some legal advice before you file for either of them.
Another possibility is that the medication made you sick and doctors don't want to diagnose anything that would waste their time being a court witness. Check if a class action suit against the drug manufacturer has already been filed.
Also check if StevensJohnsonSyndrom applies and take it from there.
Good Luck to You!
CK(01/08/2008)
EEOC is fine - I'd file with them as well. But understand, I have a friend that filed charges againt my current employer. They as SOOO backed up with cases it may take some time before they get to yours. From what my friend told me is that employers are F'ing employees so much that there is a backlog! Sad isn't it!
Dumber than a Catbox full of sh*t(01/08/2008)
Sad but not surprising.
breaker, breaker 19(01/08/2008)
Lawyer. They set it up for you to be fired and not be able to collect anything. I hate when bosses act like you are taking the money out of their personal bank accpunt. I wonder what type of "reward" the booss got for taking care of that whole situation. He saved the company alot of money.What an asshole.
breaker, breaker 19(01/08/2008)
You know what wlse I would do? I would take the blog you wrote and send it to the local newspaper where you live and see if that does anything. If not, take it to the colleges for thier paper and see if they will publish it. At least it will get some recongition and put some heat on the company. Maybe it will make tham think the next time.
I handled it the best I could(01/24/2008)
Thanks for all the comments. With CIBC getting in trouble for some of their other labour practices, I think this is pretty common with this company. Right now there is a class action law suit regarding hours worked and overtime. The company does not pay over time to save your life. I am going to contact a lawyer, and turn down their offer of 3 months to walk away AND sign a Non Disclosure Agreement.
Ms ADA(01/24/2008)
What is it with Banks??? I was laid off in retaliation for my EEOC complaint, after they were charged, and after having my complaint ammended to include retaliation ...
They do count on the EEOC being so backlogged, that is a fact.
Hire an Attorney(01/25/2008)
If they offer either long or shrt term disability and you have paid for it, then it is with the understanding that you get reinstated once you're fit to return to work. If they dont plan of doing that then they have no business making that available to you on the group insurance package they decided to purchase. Hire an attorney.
mayhem(03/06/2008)
A similar thing happened to me a few years ago. I was working at a Veterinary Clinic and was injured off the job. While no benefits were involved in my case I was given the go ahead to come back to work by my doctor and did so. In less than a week I went from the employee that won several employee of the month type awards with excellent glowing reviews to the worst employee ever. I was terminated because I did not fit an organization that loved me before my injury. They were afraid I would reinjure myself and Sh*t canned me to aviod any legal issues. I work in an at will state and cannot go after them. Jerks!
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