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H.R. Issue Need Help

hugostiglitz87

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Whats going on fellas so i posted in another thread i need a 2nd Surgery this year on my shoulder. Once I broke the news to my H.R. Dept and manager last week. Work really awkward my company wasnt happy i need another surgery. My H.R. Dept pretty much told me i exhausted all my FMLA till December of this year and i would need to post pone my surgery till then. My Orthopeic will be doing the surgery in next 3 weeks or sooner. I am on PTO right now and fear if i go back to work they will fire me. I asked my Ortho to take me off work till my surgery but he dumb and wont and said he will put me on light duty i wrote my ortho a letter explaing to him whats going on with work and seems not to care. What can I do? My company is at will employment and i work in California, Been with my company for 4 years have some write ups nothing bad i am good worker. But nowadays i feel my employer will fire anyone over anything. And i really need this surgery while I have insurance after my surgery my work can do whatever they want with me. Any suggestions because im stressing hard.
 

FrancisK

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Why don’t you just postpone your surgery? I don’t think that’s an unreasonable request from the people who pay you your living that appear to have gone out on a limb for you already....
 

FrancisK

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Also how big is this company?
 

Butters

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i would postpone the surgery.

there have been tons of people who have lost their jobs, and would love to take yours.
 

DrBeefcake777

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If youre very concerned about losing your job and can work, def postpone it.

However, Id absolutely start sending out resumes and try to find the same or similar position. My GF is from California and we are in TX and we are at will as well.

If you feel you can get the surgery before they fire you and you lose insurance and feel you can replace the job Id get the surgery.

Not to pry, but are these write ups serious? Ive had jobs where I was on thin ice so I know how it is. Now I manage and bartend a bar/restaurant and theyd never fire me for that. Or anyone else.

Answer some of these and maybe we can offer more advice. I hate that it seems to be stressing you out so much.

How much pain are you in seriously? Is it excruciating? If so thats no way to treat an employee and I know California is at will, but firing due to needing medical attention may not fall into the at-will clause in the states legislature.
 

hugostiglitz87

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Why don’t you just postpone your surgery? I don’t think that’s an unreasonable request from the people who pay you your living that appear to have gone out on a limb for you already....
My shoulder is bad not like I expected it get to worse. Need the sugery bud so I can work without pain.
 

hugostiglitz87

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Why don’t you just postpone your surgery? I don’t think that’s an unreasonable request from the people who pay you your living that appear to have gone out on a limb for you already....
Sugery is needed asap. My shoulder is bad. I wish I didnt it period. But the sooner I get the quicker I can knock it out. Im in pain everyday.
 

hugostiglitz87

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If youre very concerned about losing your job and can work, def postpone it.

However, Id absolutely start sending out resumes and try to find the same or similar position. My GF is from California and we are in TX and we are at will as well.

If you feel you can get the surgery before they fire you and you lose insurance and feel you can replace the job Id get the surgery.

Not to pry, but are these write ups serious? Ive had jobs where I was on thin ice so I know how it is. Now I manage and bartend a bar/restaurant and theyd never fire me for that. Or anyone else.



Answer some of these and maybe we can offer more advice. I hate that it seems to be stressing you out so much.

How much pain are you in seriously? Is it excruciating? If so thats no way to treat an employee and I know California is at will, but firing due to needing medical attention may not fall into the at-will clause in the states legislature.
Writes ups arent serious all verbal came out of no where.

Work in corporate security deal with crazy shit everyday my job requires me to physical fit to do the job. I have one good arm need the sugery. Trust me the last thing I want is sugery. But it's needed. My shoulder is limited and is pain. Can't even put on a shirt without feeling pain.
 

hugostiglitz87

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I was thinking i get the sugery take a few weeks off and come back with work restrictions if they can accommodate.
 

hulkboy

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I'd consult with a lawyer
X2.... your in California, I’m sure there are plenty out there that would jump all over this. Try to get everything your employer says in writing (email)...

Or ride out the pain, not sure how the job market is out there, but I know there’s plenty of folks needing jobs right now.
 

Bio

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It sounds like your company is sending you a message. It's up to them if you're not covered by FMLA at the time you go out. If you get the surgery and go out on leave before December you'll most likely lose your job and your insurance. COBRA is EXPENSIVE too! I would sit down with them and ask the company for some time off without pay, unless you have a lot of vacation built up.
 

FrancisK

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Far be it from me to defend a big company but you do realize why they're not happy right? Also you do realize that your ortho, who is performing a surgery on you, isn't "dumb" he's just seen this a million times and doesn't want to be involved.

Really trying hard to not come down on you but I think you need to re-evaluate what is happening here and stop playing victim. Specifically the idea of trying to keep your job by not going to work doesn't seem like the best strategy.
 

Samson250

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I recently had to take a leave of absence from work and I’m grateful my employer has had my back all the way. I can’t wait to get on my feet and make it up to them as soon as possible especially in today’s job climate.
 

hugostiglitz87

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It sounds like your company is sending you a message. It's up to them if you're not covered by FMLA at the time you go out. If you get the surgery and go out on leave before December you'll most likely lose your job and your insurance. COBRA is EXPENSIVE too! I would sit down with them and ask the company for some time off without pay, unless you have a lot of vacation built up.

I was thinking the same thing BIO i have 3 weeks vaction... I figured I can use that get the surgery the relax for 2 weeks get use to my limitations. I talk to them tommrow.
 

hugostiglitz87

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Far be it from me to defend a big company but you do realize why they're not happy right? Also you do realize that your ortho, who is performing a surgery on you, isn't "dumb" he's just seen this a million times and doesn't want to be involved.

Really trying hard to not come down on you but I think you need to re-evaluate what is happening here and stop playing victim. Specifically the idea of trying to keep your job by not going to work doesn't seem like the best strategy.
Its all good man nothing personal. But i am in alot of pain and unfortunately definitely not playing victim the MRI and the pain and the lost of motor function in my shoulder tells me all and from my prior MRI shoulder and bicep are getting worse at this rate.
 

FrancisK

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Its all good man nothing personal. But i am in alot of pain and unfortunately definitely not playing victim the MRI and the pain and the lost of motor function in my shoulder tells me all and from my prior MRI shoulder and bicep are getting worse at this rate.


Bro....on Monday you talked about the gym you've been going to and you're running gear. You can workout and use steroids but you're in too much pain to work your job?



Look I'm on board with fuck big companies get whatever you can out of them because they'll do the same to you but this is just hurting yourself, I could play devils advocate on their behalf but fuck them this is about your future. If you have to embellish your story to a bunch of guys on a message board which have no consequence to you then 100% your company has cause to fire you and it sounds like you're making it easy on them, also the fact that your ortho isn't backing you up is really telling on this.



You're headed the wrong way, for sure some lawyer is going to tell you all about your rights in backwards ass California and he'll be happy to drain your life savings "fighting" for you. You'll lose your job, tie up your life for 5 years at least with a legal battle, make yourself completely unemployable in the corporate world then MAYBE get a token settlement which isn't even going to come close to covering your costs let alone your future opportunity costs taken into consideration.


OR


Stop doing things to make it worse like lifting and using gear, go to your job tell them exactly what is going on and that you're willing to suck it up for a few months to keep your job. Hang tough until you can do it the right way to take away any opportunity for them to fire you with cause which is exactly what you're giving them right now. That way they will be forced to accommodate for you, but they're sure as shit not going to do that while you're using PTO to avoid going back to work. There is a path here where you can get what you want but it takes sacrifice on your end as well, you're not entitled to your job you're not irreplaceable to where you can just keep leaching out this company with no consequence.




You're young you've got a long way to establish yourself in the world and build your empire, what you're trying to do will set you back years and you will regret it. You'll be that guy that whenever someone asks what you do you'll tell them all about your little pity story of your personal injuries and how you got screwed over and now you can't get a job and have to live off the government because you're in pain and life is so hard for you the world is unfair blah blah blah.......we all know somebody like that and it's pathetic.


I know this isn't what you want to hear but this is the reality of it please don't be upset with me thinking I'm attacking you I'm just being real about, it will fuck your life up if you keep going down this path.
 

hugostiglitz87

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Bro....on Monday you talked about the gym you've been going to and you're running gear. You can workout and use steroids but you're in too much pain to work your job?



Look I'm on board with fuck big companies get whatever you can out of them because they'll do the same to you but this is just hurting yourself, I could play devils advocate on their behalf but fuck them this is about your future. If you have to embellish your story to a bunch of guys on a message board which have no consequence to you then 100% your company has cause to fire you and it sounds like you're making it easy on them, also the fact that your ortho isn't backing you up is really telling on this.



You're headed the wrong way, for sure some lawyer is going to tell you all about your rights in backwards ass California and he'll be happy to drain your life savings "fighting" for you. You'll lose your job, tie up your life for 5 years at least with a legal battle, make yourself completely unemployable in the corporate world then MAYBE get a token settlement which isn't even going to come close to covering your costs let alone your future opportunity costs taken into consideration.


OR


Stop doing things to make it worse like lifting and using gear, go to your job tell them exactly what is going on and that you're willing to suck it up for a few months to keep your job. Hang tough until you can do it the right way to take away any opportunity for them to fire you with cause which is exactly what you're giving them right now. That way they will be forced to accommodate for you, but they're sure as shit not going to do that while you're using PTO to avoid going back to work. There is a path here where you can get what you want but it takes sacrifice on your end as well, you're not entitled to your job you're not irreplaceable to where you can just keep leaching out this company with no consequence.




You're young you've got a long way to establish yourself in the world and build your empire, what you're trying to do will set you back years and you will regret it. You'll be that guy that whenever someone asks what you do you'll tell them all about your little pity story of your personal injuries and how you got screwed over and now you can't get a job and have to live off the government because you're in pain and life is so hard for you the world is unfair blah blah blah.......we all know somebody like that and it's pathetic.


I know this isn't what you want to hear but this is the reality of it please don't be upset with me thinking I'm attacking you I'm just being real about, it will fuck your life up if you keep going down this path.
I understand what your saying but if you dig a little deeper my friend i am working with physical therapist since my p.t. location got shut down since someone tested for covid... i will continue to do parital light p.t. work to keep my shoulder from getting frozen or locked on me. Maybe I need to be more detailed on my post. I never once said im going hard in the gym lol.

I appreciate your criticism i am looking for some guidance on my situation i already got alot of feedback and I have a idea on what im going to do.

You dont know me or what I've been through this year. And I love my job just looking long term and need to get this fixed. My company has supported me and its unfortunate I need to ask this question here but I ask it here because this forum is a wealth of knowledge and people take the time to educate.

And as far the gear use 2 things to try and help my shoulder npp and tb500
 

FrancisK

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I understand what your saying but if you dig a little deeper my friend i am working with physical therapist since my p.t. location got shut down since someone tested for covid... i will continue to do parital light p.t. work to keep my shoulder from getting frozen or locked on me. Maybe I need to be more detailed on my post. I never once said im going hard in the gym lol.

I appreciate your criticism i am looking for some guidance on my situation i already got alot of feedback and I have a idea on what im going to do.

You dont know me or what I've been through this year. And I love my job just looking long term and need to get this fixed. My company has supported me and its unfortunate I need to ask this question here but I ask it here because this forum is a wealth of knowledge and people take the time to educate.

And as far the gear use 2 things to try and help my shoulder npp and tb500

My intentions were not to be insulting at all, sent you a pm....
 

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