RichGotsPots Posted November 28, 2011 Report Share Posted November 28, 2011 I started a new job 6 weeks ago, but because my POTS was so awful I could only work for about 10 days. I had a doctor's note putting me out for the last two weeks. They just emailed me this:"You're in your 90 day intro period and unfortunately we don'tdon't think this is working out and are terminating your employment.If you have questions or want to discuss, let's plan a time to talk.Given this, as of today, your employment with the company is terminated."Do you think I should have at least been covered by FMLA and that I should of had protection for 12 weeks?Does anyone know a good lawyer in the NYC area?This is very depressing since I have no savings and no help whatsoever. Before this job i was fired from my last job for the same reason but was too stupid to fight it and I worked there 14 months. I've was on unemployement 6 months before I landed this job and so I don't have much unemployment left. Great so not only is my POTS making me disabled it might make me homeless... Quote Link to comment Share on other sites More sharing options...
potsgirl Posted November 29, 2011 Report Share Posted November 29, 2011 Given that you were in your 90-day intro period, I don't think you have any recourse, unfortunately. It sounds like it might be smart if you filed for federal disability ASAP. It can take a couple of tries to get approved, and I think it took me a little over a year to finally be approved for SSDI. They almost always turn you down the first attempt, then you appeal, and if you're still denied you get a decent lawyer and a doctor that's willing to write up all of your symptoms and say that you are disabled because you never know if or when you can make it into work, and go to court. That's when I won....and you also would receive all of your backpay once you were approved.In the job where you worked for 14 months, it would have been more likely that you would have had more recourse. I'm so sorry that you're in this situation! A lot of us have been there before, but it's still so hard. Take care of yourself, and let us know how you're doing.((((hugs))))Jana Quote Link to comment Share on other sites More sharing options...
RichGotsPots Posted November 29, 2011 Author Report Share Posted November 29, 2011 Thanks, I will post updates. I still think I should have been protected under FMLA. Does anyone know if there is a waiting period for FMLA? For example is a women is 8 months pregnant and the employer didn't realize and then she goes on FMLA, I bet she would be protected. FMLA also cover medical illness. The 90 day thing is just something they made up, they didnt tell me about it and it's only for company benefits, it's not a trial things....I hope I can get Disability, but I know it takes long Quote Link to comment Share on other sites More sharing options...
Katybug Posted November 29, 2011 Report Share Posted November 29, 2011 FMLA only protects you if you have worked for the company for at least a year. You may still have legal recourse with the prior company that fired you after working for 14 months (there is also a number of hours you would have had to have worked in addition to having been there a year and I can't recall what that number is). It might be worth speaking to a lawyer about that company.I agree with potsgirl that it would be wise to apply for SS Disability if your doctor will back you up that you are not able to work with any regularity. It takes a while for this process and the worst they can say is no. The emotional roller coaster is the cruelest part of this disorder. Hang in there and know you have friends here....Katie Quote Link to comment Share on other sites More sharing options...
RichGotsPots Posted November 29, 2011 Author Report Share Posted November 29, 2011 Thanks! Quote Link to comment Share on other sites More sharing options...
Angelika_23 Posted November 29, 2011 Report Share Posted November 29, 2011 FMLA requires that you have worked for the job for 12 months, and have worked 1,250 hours within the past 12 months. (Or, some companies choose to use a calendar year instead of the rolling calendar year, but the same rules apply) If you do not meet both those requirements, you do not qualify for FMLA.Does that help? (I work in Human Resources)Angelika Quote Link to comment Share on other sites More sharing options...
mwise Posted November 29, 2011 Report Share Posted November 29, 2011 Angelika said it well about FMLA. I don't know what state you work in, but if you live in Ohio-it is an at-will-state meaning they can let you go any time for any thing. Did you receive an Employee Handbook upon hire? If you signed that you read it, it may have contained information on the Introductory Period which is usually the 1st 90 Days of employment at which time you could be terminated without cause and like they stated that it wasn't working out. The Handbook usually contains information on FMLA too. I would also apply for unemployment even if you have exhausted 6 months. With all the extensions that the government has approved, you may still be eligible. I agree with others, you should be looking into getting disability. Good luck and I will keep you in my prayers. Quote Link to comment Share on other sites More sharing options...
RichGotsPots Posted November 29, 2011 Author Report Share Posted November 29, 2011 There wasn't any handbook or any mention of a 90 day trial, but I see I couldnt have FMLA protection with them, i might go after the previous company though i have to talk to a lawyer. I still think protection or no protection it will be bad PR for them if tell the press they fired a seriously ill person, maybe they will settle.. Quote Link to comment Share on other sites More sharing options...
icesktr189 Posted November 30, 2011 Report Share Posted November 30, 2011 I would apply for disability ASAP. I applied in Janurary of this year (2011) and still havent heard back from the reconsideration stage. It takes forever unfortunately Quote Link to comment Share on other sites More sharing options...
potsgirl Posted December 1, 2011 Report Share Posted December 1, 2011 I wouldn't count on them settling, and it would probably be more trouble, time and money than it's worth. You would also likely need to have hard evidence that you are seriously ill, and a doctor that would be willing to back you up. Please let us know what your lawyer says - this is an area a lot of people are interested in. And please apply for disability. That might be your best bet.Good luck!Jana Quote Link to comment Share on other sites More sharing options...
MightyMouse Posted December 5, 2011 Report Share Posted December 5, 2011 In most cases, if you're still in the 90 day period, they can fire without giving any cause. As others have said, it might help to try working on getting whatever you need to get together to apply for disability so that you can eventually ensure that you have some source of income and medical insurance coverage. I know others here have posted in the past about free resources in working through the social security, disability and medical assistance maze. If you have the resources, there are lawyers who specialize in helping people get their benefits...for a fee, of course. Quote Link to comment Share on other sites More sharing options...
ramakentesh Posted December 21, 2011 Report Share Posted December 21, 2011 I feel very sorry for you. It must be hard in that situation. maybe disability is the next step at least in the short term. I hope it all works out for you. Quote Link to comment Share on other sites More sharing options...
potsgirl Posted December 22, 2011 Report Share Posted December 22, 2011 Rich,How are you doing? Any updates on your situation? I would like to know what's going on with you now...Hope it's good!Jana Quote Link to comment Share on other sites More sharing options...
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