Being fired

[honk 780]

If I were you and will be having the surgery I would continue my former employers insurance via COBRA. You should receive informationa about the company that will be managing your COBRA (normally done by a third party.) You send your premiums to this company who then sends them to the insurance company. As mentioned earlier fills are very expensive: my doctor's office charges $240 for the fill and $220 for the "office visit". My insurance pays for the who thing but when my COBRA ends I will need to negociate a better rate.

[Cleo's Mom 257]

I found out why I was fired. My company is downsizing. 4 people from my department was laid off. Now that I know that I feel better. My insurance goes throught March so I will be covered. Now I just need to find a new job. I am going to start sending out resumes today. The layoff was really a blessing in disquise. I have not been happy for the last 3 years.

If you were being laid off then why were you written up? And right after you said you would be taking a leave for surgery? I am glad you will be covered by insurance and that you are leaving an unhappy job, but keep in mind that future employers will check with previous employers so you need to make it clear to your present employer that you will be expecting a good letter of recommendation if asked. Former employers have been sued successfully for saying derogatory things about former employees applying for new jobs.

[cwm812 11]

• • a serious health condition that makes the employee unable to perform the essential functions of his or her job;

According to my HR department, recovery from surgery is the "serious health condition". As long as a physician states that you need to time recover, they consider it FMLA. Our HR department has a committee that meets weekly to consider all the requests, so I really doubt the whole group is conspiring to commit fraud. While WLS may be considered elective, it is an effective treatment for a serious disease. I recently had elective sinus surgery, too. It was also covered by FMLA.

Acadia - I really don't want to get into an argument with you, but from what I hear many HR departments (I have a friend in the HR field) do qualify WLS as FMLA. I'd hate for any of the pre-op folks reading this to think that they shouldn't submit the paperwork for time that they are entitled.

Cindy

[54Shirley 105]

I don't know how you figured FMLA does not cover Lap Band Surgery !!! It sure did mine, along with the fills.

I know of it as a type of Ins. that we had to sign up for, have the Dr. submit there paperwork, and eventually we

would be notified if we were covered or not.

That was the only company that I ever worked for that offered this ! Any place else,,, if you took to much time off,

you could be fired in a flash.

I had my husband covered for cancer surgery, and they too were downsizing. If I took off they " company" said they didn't care

about the FMLA, I would be fired. I explained that I have to be there, Didn't care at all. So I said I'll go over your head if I have to.

Go ahead they said, Next boss said the same, so I went to HR. She was hesitant, and I told her "IF I TELL THE SURGEON THAT

I CAN'T BE THERE BECAUSE THE COMPANY I WORK FOR WON'T LET ME... THERE GONNA ASK ME WHAT KIDA PLACE DO YOU WORK FOR???

I got 4 days off to take care of him.

I used FMLA for 2 knees replaced, Dr. visits, time home for Recovery, Lap Band Surgery and fills, Take care of Family Member.

It definitely did take care of the surgery. We were told it was made available to us if we need it.

[honk 780]

FYI, when I inquired about FMLA at one employer they did say I had to use up all the time I had comming before I could use that. So one would probably need to use all vacation and sick time before using FMLA. In MA if you are out for more than 5 days if your company offers short term disability you would then go on that the 6th day. Which would actually be better because FMLA is UNPAID.

I know this does not apply to the original poster but others reading this thread should research their rights for their particular state both online and with their benefits department.

[Cocoabean 430]

Actually that is not true. My band has been unfilled for over a year and it still provides some retriction - there are certain foods that I can't eat a lot of and my total capacity is reduced. This only differs from when I was overfilled in that I don't get reflux, heartburn, or stuck. I have had hunger from zero fill to overfilled and in between.

Sorry, Cleo's. I made a generalization and spoke it as fact. I should have stated that for most the band does not work without fills and adequate after care. It can take some people many, many fills to reach the green zone.

The band is not a "set it and forget it" WLS like bypass or sleeve. If I were in fear of losing my insurance coverage and did not have adequate resources to pay for fills (I have seen amounts for fills here on LBT anywhere from $75 to $250), I'd have to give the other procedures serious consideration.

[oceangirl6 0]

Today when I arrived at work I sent an e-mail to my boss that I am having surgery on March 8th and would be off work for two weeks. This afternoon I was called in to his office and written up. Then they gave me papers to end my employment with them. I will be done on Febuary 25th. My insurance will end on March 31st. Can you belive that!! I am not sure what to do now.

[oceangirl6 0]

OMG i am so sorry

how cruel

how long had you been there?

is that legal?

what kind of work?

are you approved already!

[mattie7632 24]

Let me just be the bad guy here as I read all these posts.

I am a business owner. I have employees. A few are remarkable and would have no problems from me if they came in wanting time off for this surgery. However, people don't seem to understand that the bottom line here is that business can't function when employees aren't there. There have been many, many, many situations and staff that would have received the very same outcome from me had they sent me an email, or however it went down, telling me they were taking off for surgery. The employee-employer situation has to be win-win, and when it's not...well then, we all know what eventually happens.

[Cleo's Mom 257]

Let me just be the bad guy here as I read all these posts.

I am a business owner. I have employees. A few are remarkable and would have no problems from me if they came in wanting time off for this surgery. However, people don't seem to understand that the bottom line here is that business can't function when employees aren't there. There have been many, many, many situations and staff that would have received the very same outcome from me had they sent me an email, or however it went down, telling me they were taking off for surgery. The employee-employer situation has to be win-win, and when it's not...well then, we all know what eventually happens.

Well, I guess I'll just have to be the bad guy for the other side:

Whether or not an employee is remarkable or not is not the criteria by which an employer should allow time off for surgery. This is why I strongly support unions. In a negotiated contract the terms of taking sick leave would be spelled out and in some cases it would require advanced notice for scheduled sugeries and care but not for unexpected, sudden illnesses. This is a win-win for both employers and employees as each knows what the rules are. The employer should never be the one to capriciously "grant" medical leave.

Without a negotatied contract it is seldom a win situation for the employee as the employer has all the rights and it isn't a level playing field. Employees who negotiate a contract are better employees because they have had some say in their salary, benefits and working conditions and don't feel exploited.

[mattie7632 24]

Not sure you understood my post ...I was trying to put it nicely because I don't know the poster or her situation. What I simply meant is that employees don't get fired JUST because they want time off for surgery. I have good employees and I'm going to hold onto them surgery or not-- the good one's, that is.

Times are tough, and if employees are not pulling their weight, I as the employer, have no obligation to do them favors outside of the law. Not trying to start a war here....but think of it this way....if you had an extra $10,000 to have work performed --such as work on your house, housekeeping, babysitting, whatever it may be, you probably want your money's worth, right? It's the same on the business side, especially when we have small businesses. We NEED our employees to be there and to do the job we are paying them for. There's another person waiting in line for the job if the worker won't or can't do what is needed.

Well, I guess I'll just have to be the bad guy for the other side:

Whether or not an employee is remarkable or not is not the criteria by which an employer should allow time off for surgery. This is why I strongly support unions. In a negotiated contract the terms of taking sick leave would be spelled out and in some cases it would require advanced notice for scheduled sugeries and care but not for unexpected, sudden illnesses. This is a win-win for both employers and employees as each knows what the rules are. The employer should never be the one to capriciously "grant" medical leave.

Without a negotatied contract it is seldom a win situation for the employee as the employer has all the rights and it isn't a level playing field. Employees who negotiate a contract are better employees because they have had some say in their salary, benefits and working conditions and don't feel exploited.

[Cleo's Mom 257]

Not sure you understood my post ...I was trying to put it nicely because I don't know the poster or her situation. What I simply meant is that employees don't get fired JUST because they want time off for surgery. I have good employees and I'm going to hold onto them surgery or not-- the good one's, that is.

Times are tough, and if employees are not pulling their weight, I as the employer, have no obligation to do them favors outside of the law. Not trying to start a war here....but think of it this way....if you had an extra $10,000 to have work performed --such as work on your house, housekeeping, babysitting, whatever it may be, you probably want your money's worth, right? It's the same on the business side, especially when we have small businesses. We NEED our employees to be there and to do the job we are paying them for. There's another person waiting in line for the job if the worker won't or can't do what is needed.

I did understand what you were saying. I asked in a reply to the OP why she was written up. That part didn't make sense and she didn't answer. If her work had not been satisfactory and the employer used her upcoming surgery as a reason to fire her, then that is wrong. There should be an evaluation process in place and if the employee needs to improve, it should be spelled out with a probationary period for doing so.

If I had $10,000 to have work done I would require that I got my money's worth and that is why there would be a negotiated contract between that contractor and me. Things would be clearly spelled out. If you have work done and it is not to your satisfaction and you complain to some agency - the first thing they are going to ask you is if you have a contract.

A contract spells out sick leave, vacation leave, the process for evaluations and firing, among other things. This allows both the employer and employee to know what the rules are. Lack of these clearly defined expectations or treating employees case by case is never wise or productive. Employee morale is seldom helped by seeing favoritisms with some given perks denied others.

I know that the employers have all the power now with 6 unemployed people for every available job but that kind of thinking - that employees are dispensable and disposable is the root of many problems.

[sunny2010 0]

I am covered under fmla at the moment for surgery and on short term disability leave. Maybe one person wasnt covered because they were self pay or because it wasnt considered medically needed by red Doc, surgen and insurance company. I am very sorry to hear what happend. I dont know if they gave you a reason for letting you go or not but I would deff print out your email and if you do anything legally show that you sent that the same day they chose to let you go.

[mattie7632 24]

Yes I see what you're saying.....contrary to most people's beliefs though, in general ("in general" is the operative word there!) most bosses do not like to fire, write up or discipline. Personally, it is my worst nightmare. I want nothing more than employees to work out. The cost and expense of hiring and training is astronomical and strains the business like you wouldn't believe. What SHOULD happen isn't necessarily the law, and sometimes we can't just can't keep employees hanging around because we know how it will impact their life to be fired. I know, it sounds terrible, believe me I've been on both sides AND been fired before. But unfortunately, as much as it sucks, it IS business and employees can help or hurt it. I've had to make the hard choice of picking the employee--or what is best for the business

I did understand what you were saying. I asked in a reply to the OP why she was written up. That part didn't make sense and she didn't answer. If her work had not been satisfactory and the employer used her upcoming surgery as a reason to fire her, then that is wrong. There should be an evaluation process in place and if the employee needs to improve, it should be spelled out with a probationary period for doing so.

If I had $10,000 to have work done I would require that I got my money's worth and that is why there would be a negotiated contract between that contractor and me. Things would be clearly spelled out. If you have work done and it is not to your satisfaction and you complain to some agency - the first thing they are going to ask you is if you have a contract.

A contract spells out sick leave, vacation leave, the process for evaluations and firing, among other things. This allows both the employer and employee to know what the rules are. Lack of these clearly defined expectations or treating employees case by case is never wise or productive. Employee morale is seldom helped by seeing favoritisms with some given perks denied others.

I know that the employers have all the power now with 6 unemployed people for every available job but that kind of thinking - that employees are dispensable and disposable is the root of many problems.

[Cleo's Mom 257]

Yes I see what you're saying.....contrary to most people's beliefs though, in general ("in general" is the operative word there!) most bosses do not like to fire, write up or discipline. Personally, it is my worst nightmare. I want nothing more than employees to work out. The cost and expense of hiring and training is astronomical and strains the business like you wouldn't believe. What SHOULD happen isn't necessarily the law, and sometimes we can't just can't keep employees hanging around because we know how it will impact their life to be fired. I know, it sounds terrible, believe me I've been on both sides AND been fired before. But unfortunately, as much as it sucks, it IS business and employees can help or hurt it. I've had to make the hard choice of picking the employee--or what is best for the business

I am not opposed to disciplining, writing up or firing employees. I can think of several employees I worked with who needed to be fired. But, whether you like it or not, as the employer, it is your job to tell an employee what they are doing wrong and offer a path for improvment. Sometimes they don't know what they are doing wrong. Sometimes they don't care and should be let go.

There are ways to break this news to the employee. If it is something that can wait until their evaluation then do it then. If it is an offense that can't wait then there are ways that you can break it to them. Surely you 've had management training for this. Say they're coming late too often. Bring them in and tell them that their work is important and they generally do a good job but when they aren't there on time it affects other employees who depend on them to be there and help with their job. I'm not trying to tell you how to do your job but simply that there are ways to tell an employee that they need to improve without it being the nightmare.