FMLA and the Law

[Guest guest]

Hello friends ~

I need help right now and was hoping someone may know what way to go.

My husband Joe has Rheumatoid Arthritis and Osteo for several years now and is

on treatment....altho the next step is IV infusion because Humira and Enbrel and

the other cocktails he has been on are no longer working. Our insurance will

only pay 10% of the Rituxan/Orancia and with a minimum cost starting at 20,000$

how on earth can we do that! So thats out. His doctors office told him to call

this number for help with the meds...they have no money available. The only

other thing is for Joe to get into a study.....he may get the real thing, may

get a placebo.

Joe has been battling flares for awhile now....which of course is why the doctor

said its time for the next stage. He is the meat of the story: I emailed this

to an attorney who I was recommended to by a friend. But instead of typing this

all over.....I just copy and pasted it. Have any of you had experience with

this kind of issue or can tell me where to research the info. Of couse with the

job he was moved to its hell on his condition. The Courier job was so good for

his problems...and now without the proper medication---I figure he is on his way

to joint destruction at a faster pace. I should note here his company is slowly

closing up and it is my opinion that he is a financial BURDEN to him because of

the cost of his medication as it stands and his medical bills.....for which we

are already in collection for 3300.00$. I think this is a way to weed him out.

His insurance plan stinks, however its still something. So read what I emailed

to the attorney and tell me what you think. This is what I typed:

My husband (ph ) has had Rheumatoid Arthritis and Osteo Arthritis for

quite a few years now and has been undergoing treatment by a Rheumatologist. He

recently had knee surgery to clean out the joint, shave the cartlidge

down...etc. We applied for the FMLA at his work and Joe was out 4 weeks. (Of

course his boss made comments like 'my wife had that done and she was back in 2

weeks'). He returned on Monday, Novemeber 6th to his full regular duties as a

company courier. On Tuesday, November 7th at 1:45 PM he was called to the

conference room and told his Courier job was being eliminated and starting

Monday, Novemeber 13th he would have to go to the warehouse and drive forklift.

Joe was told the rest of corporation does not have a Courier in any of their

facilities. And that they needed to have their staffing in line with everyone

elses in the corporation. Joe was told they were looking to eliminate that

position before he went out on FMLA. They told Joe they 'saved' him a position

while he was out.

His salary stayed the same, but the duties/responsibilities are by far

different. Since Joe started his job in the warehouse, one of the truck drivers

has been doing the job as well as Joe's boss. In trying to understand the law

and FMLA we are not sure this was right on their part and may be a violation of

FMLA. How do you feel?

You came HIGHLY recommended by Mrs. Koscak and if you would agree that we may

have something here, we would ask that you represent us.

Of course Joe's Courier job was good for his diagnosis and Joe did NOT have an

attendance problem, in fact they told Joe that he was a good, dependable worker

who is detail oriented, and works well by himself.

Should we pursue legal counsel with your office? I was going to file a

complaint with the PHRC, but since Mrs. Koscak spoke highly of you, I thought

we would go this route.

Thank you for your time, and I look forward to hearing from you.

Your honest opinions please..............

(and Joe) in PA

[Guest guest]

There's always the EEOC. We have limited legal counsel in Alabama.

You might want to look into the local board of attorneys and see what

you can find. Good Luck!

>

> Hello friends ~

> I need help right now and was hoping someone may know what way to

go.

>

> My husband Joe has Rheumatoid Arthritis and Osteo for several years

now and is on treatment....altho the next step is IV infusion because

Humira and Enbrel and the other cocktails he has been on are no

longer working. Our insurance will only pay 10% of the

Rituxan/Orancia and with a minimum cost starting at 20,000$ how on

earth can we do that! So thats out. His doctors office told him to

call this number for help with the meds...they have no money

available. The only other thing is for Joe to get into a

study.....he may get the real thing, may get a placebo.

>

> Joe has been battling flares for awhile now....which of course is

why the doctor said its time for the next stage. He is the meat of

the story: I emailed this to an attorney who I was recommended to by

a friend. But instead of typing this all over.....I just copy and

pasted it. Have any of you had experience with this kind of issue or

can tell me where to research the info. Of couse with the job he was

moved to its hell on his condition. The Courier job was so good for

his problems...and now without the proper medication---I figure he is

on his way to joint destruction at a faster pace. I should note here

his company is slowly closing up and it is my opinion that he is a

financial BURDEN to him because of the cost of his medication as it

stands and his medical bills.....for which we are already in

collection for 3300.00$. I think this is a way to weed him out. His

insurance plan stinks, however its still something. So read what I

emailed to the attorney and tell me what you think. This is what I

typed:

>

> My husband (ph ) has had Rheumatoid Arthritis and Osteo

Arthritis for quite a few years now and has been undergoing treatment

by a Rheumatologist. He recently had knee surgery to clean out the

joint, shave the cartlidge down...etc. We applied for the FMLA at

his work and Joe was out 4 weeks. (Of course his boss made comments

like 'my wife had that done and she was back in 2 weeks'). He

returned on Monday, Novemeber 6th to his full regular duties as a

company courier. On Tuesday, November 7th at 1:45 PM he was called

to the conference room and told his Courier job was being eliminated

and starting Monday, Novemeber 13th he would have to go to the

warehouse and drive forklift. Joe was told the rest of corporation

does not have a Courier in any of their facilities. And that they

needed to have their staffing in line with everyone elses in the

corporation. Joe was told they were looking to eliminate that

position before he went out on FMLA. They told Joe they 'saved' him

a position while he was out.

>

> His salary stayed the same, but the duties/responsibilities are by

far different. Since Joe started his job in the warehouse, one of

the truck drivers has been doing the job as well as Joe's boss. In

trying to understand the law and FMLA we are not sure this was right

on their part and may be a violation of FMLA. How do you feel?

>

> You came HIGHLY recommended by Mrs. Koscak and if you would agree

that we may have something here, we would ask that you represent us.

>

> Of course Joe's Courier job was good for his diagnosis and Joe did

NOT have an attendance problem, in fact they told Joe that he was a

good, dependable worker who is detail oriented, and works well by

himself.

>

> Should we pursue legal counsel with your office? I was going to

file a complaint with the PHRC, but since Mrs. Koscak spoke highly

of you, I thought we would go this route.

>

> Thank you for your time, and I look forward to hearing from you.

>

> Your honest opinions please..............

> (and Joe) in PA

>

>