Jobless yet again but this time due to a medical issue WTF!

[FulciLives]

I need to vent ...

I've been on and off of unemployment for the past almost 3 years now it seems. This economy totally sucks!

I finally got a somewhat decent job this past September 2004 and I've been working at this place from September 7, 2004 until today. So almost exactly 4 full months.

I was working at this place through a temp agency but it was to be a temp-to-hire position. Talking to other people that worked there this particular company seems to hire people full time (away from the temp agency) somwhere around the 5 to 6 month mark of being a temp employee.

I figured that I had "lasted" about 4 months and felt that I was doing a good job etc. so I was expecting to get employeed full time ... no temp agency bullshit ... sometime very soon (another month or so).

However I found out that they decided to TERMINATE me as of today (today being January 7, 2005).

Why?

Flash back to last Friday (December 30, 2004) ...

No work that day due to the New Year holiday. I woke up that day to find out that my vision was what I would call blurry and out-of-focus. This is actually a problem I have been having from time to time for the past 12 to 18 months BUT it only happens a couple times a week and only lasts for the first 1 to 3 hours after waking up and after that my vision "snaps back" into perfect focus. Go figure.

I have, since a very early age, been "afflicted" with very dry eyes and figured it was just an early morning thing and that some mornings it just took my eyes a little extra longer to "wake up" due to getting so dry overnight. I didn't consider it serious especially since it was very hit or miss as to when it would happen and even then it never lasted for long.

Back to Friday December 30, 2004 ... I wake up and my vision is blurry and out-of-focus. Just like in the past. In order to focus I have to be fairly close to the paper or computer screen and "squint". Very annoying.

Only problem is ... it lasted all day! It was the same the next day (Saturday). Some friends of mine suggested I go to the emergency room but as you can imagine from my work description, being a temp, I have no health insurance. So I put off going to the hospital or making a doctor appointment.

Now Sunday my vision improved somewhat but not 100% but it was very nearly normal ... probably 90% to 95% normal. Come Monday morning when it was time to go back to work (I work Monday through Friday 8am to 4:30pm) my vision was again very blurry and out-of-focus. I managed to go to work and get things done by pretty much "squinting" all day long! Same thing on Tuesday.

Come Wed. morning my eyes were very bad and I was going to go to work anyways, even got dressed and in my car but my ended up going no further than around the block.

I called off and told them that I was having a medical emergency and was going to the emergency room at a local hospital.

So it is Wed. now and I finally make it to the emergency room around 4pm thanks to a friend driving me. Didn't get out of there until about 9pm.

They had no real idea what the deal was with my vision problem other than they ruled out anything very serious such as diabeties (I'm very overweight so I guess I am at risk of diabeties but they tested my blood sugar and it was 100% perfect) and they also ruled out any serious nuerological disorders etc.

They gave me a form that said I am excused from work until I get to see an eye doctor (they said I needed to see an Ophthalmologist). So I faxed that to work and the temp agency the next day (Thursday). The temp agency called me up starts telling me that the place I am working at is very upset they need to know if I will be in on Friday (the next day) and they need me there and what am I doing? ... as if I am playing "hooky" or something.

So I tell them I have an appointment with an Ophthamologist on Friday so no I would not be returning on Friday but with any luck I would be back on Monday but obviously I wouldn't know until after the Friday afternoon doctor appointment.

So I go see the Ophthamologist Friday at 1:15pm and I get out at about 4pm and I drive straight home hoping I'll get home soon enough to call work and/or the temp agency to tell them that as it turns out my condition is NOT that big a deal and that I got some special eye drops that are supposed to "do the trick" and come Monday all should be fine ... knock on wood.

I get home to find out that there is a message on my asnwering machine (I got home at 4:40pm the msg was from 4:30pm) saying that my employement has been terminated and blah blah blah.

Now does this totally suck donkey balls or what?

I'm ready to call a lawyer over this shit !!!

- John "FulciLives" Coleman

P.S.
As for my eyes I have a condition ... I am not making this up ... called FLOPPY EYELID SYNDROME. News to me! In short I got special prescription eye drops that are supposed to work A-OK but if that should not help (or not help enough) then I would require a type of surgery that sounds simple enough. Basically my eyelids are "stretched out" and I have too much "skin" on my upper eyelid. My eyelashes grow down into my field of vision instead of going up and away. All this causes a lot of eye irration and this ends up making the eye red and irrated etc. and that is what is causing the blurry out-of-focus vision. I was also told to stop taking Claritin-D for my allergies and try taking regular Claritin because the "D" in Caritin-D is for a decongestant component and that could also be "helping" with the irration. I guess I would rather be able to see than to be able to breath through my nose.

Go figure.

[yoda313]

Hello,

I'm really sorry to hear that fulci. Any consolation or words just seem so trite with something like this. Anyway best wishes there buddy

Kevin

[Capmaster]

John,

I'm sorry man. That doesn't seem fair to me, when it's beyond your control.

I would find a lawyer pronto ..some give free initial contact meetings. It doesn't sound legal to me .even if you're a temp. Also, check the Labor Department's web page.

Good luck

[bazooka]

Sorry to hear about that, but chear up.

At least they were not bouncing your paycheck.

[zzyzzx]

Did you try talking to your immediate supervisor at the company itself (not the temp agency) and explain the whole thing to them? And when you were out that day did you call in and explain it to them then?

I'm reasonably sure that my boss wouldn't do what they did.

[FulciLives]

Did you try talking to your immediate supervisor at the company itself (not the temp agency) and explain the whole thing to them? And when you were out that day did you call in and explain it to them then?

I'm reasonably sure that my boss wouldn't do what they did.

Yes I called them and explained it to them. They knew what was up. They had asked me to call Friday after the eye doctor appointment but knew that it was not until the afternoon.

I got home too late to call them. You know how long a visit to a doctor can take.

I don't think they cared. Why? When I got home I immediately called the temp agency and got ahold of my contact there just before he was leaving (this was at about 4:45pm to 4:50pm). He said this company called him around 2:30pm to 3pm to tell him I'm done. Since they knew that my appointment was for the afternoon that really gave me no reasonable time to call them AFTER my appointment.

They told the temp agency that due to lack of funds they decided to terminate my position and would not be filling it with a different person as the position was to be eliminated. Sounds oh so convenient.

I do know that the company was having money trouble and had gotten rid of other temp employees a few weeks back (I was like the only temp employee left) but I was in A/R doing collections and doing a BANG UP job of it ... which they even admitted to according to my contact at the temp agency. Now they only have one person to do collections yet that person does all the other A/R stuff whereas I did nothing BUT collections in my position. I hope they go under the rat fink bastards! ... Wait not until after my pay out from my lawsuit

- John "FulciLives" Coleman

[Shadowmistress]

Hi Fulci, welcome back.
I'm very very sorry to hear about your predicament and hope your condition clears up soon.

I've been on both sides of this fence and although I think the way they treated you showed bad faith, I can see how they decided to act this way.
I work for a medical assessment center that evaluates the working status of patients who have been in car accidents and when they can return to work. (My company is partial to the patient.) I see reports from medical professionals on the patient's side and lawyer documents on the employer's side and have heard every point of view there is. IMO, here's the type of defense you can expect from their side.

You and management seem to disagree on what constitutes an emergency. If you had broken your arm or leg and it was physically impossible for you to work at all, that would have been a clear cut emergency where you couldn't give them prior notice that you're taking time off. A medical condition on the other hand is a different story. Pre-existing condition is even worse.

1. If you have a pre-existing condition that may cause you to need time off work and you didn't inform the employer upon initial hiring, you have misreprestented yourself to the employer.

2. If you suddenly get a condition that manifests itself during work hours, you are obligated to "mitigate damages" and take proper steps to address it right away. Either leave work, or go to the doctor after work hours on the same day after you determine you can no longer function at 100%. Squinting is not an option.

3. Although I'm not sure of the laws where you live, I believe that you need to have established "good faith" on your part if you expect to receive it in turn. Good faith would be shown on your part if you were to inform your employer as soon as you realize something is wrong and warn them of the "possibility" of you taking time off work. (This should have been done Monday or Tuesday.) You would also show it by giving the employer a target return date, even if circumstances made it turn out to be total bullshit when time came. There are always extensions.

I can almost guarantee you they'll say this as to why they dismissed you:

1. Your productivity at work suffered for 3 days, Friday Monday and Tuesday, before any such condition "materialized". (It doesn't count if they see you squinting, it must be a formal informing of a supervisor.)

2. The doctors note (although I don't know what it says, can assume it cleared you of any readily apparent conditions yet still excused you from work for an indeterminate amount of time) may have led them to believe that you would be incapable of working for quite some time, in which case they are obligated to mitigate their damages by hiring someone else. (In the buisness world, no return time = forever.)

The theory is, that you entered into a contract with your employer the day you were hired that you'd be responsible for doing the work. You are the one not fullfilling your end and therefore are breaking the contract. (I know this is harsh and that's why there are specific labour laws to deal with this in your region.)

In my opinion, I doubt they broke any laws, but you may be able to get them on "bad faith" if the laws where you live protect you from such. I'm not a lawyer so take what I say with a grain of salt. If I were you I'd consult a lawyer, but I wouldn't spend too much money on him.

Hope you feel better soon.

[macleod]

Howdy.

Sorry to hear about your recent job loss. That really stinks that they would fire you for that particular situation. It never seems fair, but unfortunately, that is the way it is with Good ole' "At Will" (and right to work states).

I too am currently unemployed, fortunately by choice. IN May, I left Texas to go to Indiana for what I thought was going to be a good job and a good area (also a lot closer to my folks in MO). Anyway, no one was happy, expecially me. I turned in my notice for the end of November and moved the family and all our possessions back to our house here in Texas.

Now, I am beginning the whole job search thing again. Actually, I have one of the (IMO) lamess reasons not to hire me stories. I went on an interview (had a previous phone interview) for a Mgr position and everyone told the headhunter that I was prefect for the position. They call all of my references, who give me glowing references. Now they are a direct competitor for my old company (which is the references that they wanted to call) and basically, the freaked out thinking that since my old company liked me so much, at my first chance, I would go back there. I am still pretty amazed at this line of thinking.

I have been trying to get back into the swing of looking for work and everything (actually, I was surpised to learn that I can collect Unemployment even though I quit my last job!?!?!) I always thought that you only get UE if you are fired or laid off.

The sucky part of a lot of this, is shortly after moving the 2700 sq ft home back to TX, I developed some pressure and occassional pain in my stomach (right below the rib cage) and I am freaking myself out, but dont want to go to the doctor since I no longer have insurance. They sent out my Cobra stuff, but I didnt get it. I need to follow up with them on that.

So Fulci, you are in collections. I did collections for about 9 years while in MO. If it is the collections that I am familair with (outside agency and 1st party), you really should have to much a problem getting a new job (course I dont know what PA jobs are like). The way I remember it, right after the beginning of the new year, there is (d-uh) a huge dump of unpaid bills that agencies and 1st parties cant handle with current workload. You may be talking a different type of collections, however.