Monday, July 28, 2008

A Good Ol' Fashion Western Fast Draw

"A tumbleweed rolls by as the dry, hot breeze stirs the dust. Silence falls over the street which has become quickly empty except for a couple of horses, tails lazily switching against the flies. From the shadows steps the enemy, spurs clicking on the glossy black boots, not a speck of dirt on the black pants and shirt, decorated with silver and turquoise, a hat pulled low over his eyes and the face all but hidden by the waxed mustachio - yep, a dude alright, not a man to be trusted. Our hero also steps out, a little worn, a little dishevelled, but packing a piece capable of dealing evil a mighty blow..." ~ thanks to my OT, N :o)

As some of you may recall, I've been having major issues with my employer and my LTD provider. Back in May, LTD sent a letter stating that I was to return to work on July 7, with a gradual return to full-time work schedule that would take me up until August 25, at which time my benefits would be cut off. You may remember this as being the time that P disclosed my personal medical information to my employer >:o(

Knowing I would not be returning to work full-time, I scheduled a meeting with my employer on June 20 and explained that I could not return to my full-time job as LTD stated I could but that I was more than willing to work at a part-time position. I provided my documentations (signed by my doctor) and my accommodations for my disabilities and was told they would get back to me with an answer the following week. On July 7 (the day I was supposed to start back to work) I still didn't have an answer from them.

In my June 27 post, I stated I had just sent in my final reports and documents to LTD in the hopes that they would not cut off my benefits. When I talked to my case worker, J, she stated that my report on the FAE wasn't even relevant because I should have dealt with it at the time it happened. Well, from what I can recall, my doctor never received a copy of the original FAE report AND I was in no condition health-wise to be going over it. From that point, contact with J ceased.

So...on July 16 I decided to call J on the phone since she was not answering my emails and I get this message "You have reached the voice mail of J. As of July 15, I am on an extended leave of absence. Please do not leave a message because it will not be returned." WTF? Nice of her to let me know. Even nicer of LTD to let me know who my new case worker was going to be. During that same week, my employer informs me that they are going to listen to whatever LTD says regardless of my doctor's orders. In other words, they expect me to return to my full-time position. If I want part-time hours, I have to 'resign' from my full-time position BUT they will not provide me with accommodations in a part-time position because LTD states there is nothing physically wrong with me.

It's July 28 and I am STILL waiting my fate. I REFUSE to resign from my full-time position because do you think they're going to re-hire me part-time? If you said no, you're 100% correct ;o) I have contacted LTD and my new case worker is J (a different name). We have talked and she must have the same script that my old J had because I got nowhere. She talked around in circles and so far I haven't even heard about the letter of complaint that I filed against P.

Are you still with me? LOL!

Do you remember me stating that I had a backup plan? An ace in the hole? I am happy to say that it was deployed on July 14 :o) Are you wondering what it is? Well, since we cannot afford to hire a lawyer again (and I do NOT hold this against Brie) my only other option was to go to the Human Rights Commission. As of July 21, they have a complaint against my employer AND a complaint against LTD. SWEET! Because both parties are discriminating against my physical disabilities, I am able to bring this to the attention of the Human Right Commission of New Brunswick.

Basically, it's like a court of law but you are your own lawyer. There will be a mediation service that will hear both sides of the story. What's the outcome? I don't know. I'm not going to hold my breath about anything. In the meantime, it doesn't help me with an income so I'm not sure just what we'll do. But the fact that I didn't give up or quit means more to me. 'I'M' the one in control here and that is such a good and satisfying feeling :o)

18 comments:

Jennifer said...

People can be so crappy sometimes. And even though I think part of LTD and your employer's issues may stem from a fear of people taking advantage of the system, it still doesn't excuse the way you've been treated. It just sucks that there are people who will take advantage of the situation, screw over employers and the governement, and essentially ruin it for people in your position who really want to do the right thing for their company AND themselves, and end up having to go through all of this.

Hang in there. Lady, you beat CANCER. You can totally handle this.

~Tammy said...

Oh honey! This is quite the nightmare. I'm rooting for you.

Sending you big hugs!

brokenfairy said...

Way to go girl!!
Go Cathey! Go Cathey! Go Cathey! Go Cathey! Go Cathey! Go Cathey!
I hope you win against them!!!!

'Berta & Joe said...

Cathey, it's nice to see that they haven't beaten the fight out of you! I think you will do very well in mediation! As with most bureaucratic dealings...too many people involved who aren't talking & listening to each other. Let us know when you get a date for your big day to present your side of the story!

Little Cat said...

I so, so, so hope you win honey. Everything crossed for you.

How is Brie doing?

Jocelyn said...

Geez! If it's not one thing, it's another. I am rooting for you, Cathey. I wish you the best of luck!

Karen said...

wow, what a nightmare for you , I hope you beat them all

Rachel S said...

I got your back! I'm praying for the best.

Barb said...

Sometimes it takes a long time and you almost have to hire a lawyer to win. Can you apply for Disability or is that LTD?

CritterLady62 said...

Good luck on your hearing.

Lori-Ann said...

You go girl!!
I was wondering what the ace was going to be. (I'm not bright about these matters).

Jenn said...

Oh Cathey! I hope that the HRC can get this all straightened out for you.

Daffycat said...

Big hugs, Ladybug. I hope everything works out for you.

WendyCarole said...

glad to hear you are still fighting the system good luck

((((((((((((((Cathey)))))))))))))

zoomcity said...

Best of luck, Cathey! Beauracracies can be so frustrating. Why do they think they know more than doctors? I'm hoping for a positive outcome.

Paisley said...

Stay strong! We are all rooting for you!

Jenn's Crafty World said...

Good Luck!!

Oria said...

Good words.