Board Member in Big Trouble--Thanks for your help!! Estimated $3000 raised so far. New auctions add

1jester

The subject of this plea is a very nice person named Pam, who goes under the handle "asnooker". She is quite shy about the whole matter, but since the news is already out, I thought I'd post over here in order to solicit help for her situation. Her thread tells her story of her husband being fired from his job after finding out he has a heart condition. At his age, and with his condition, it is highly unlikely he will ever be employed again. Not only are they in a desparate situation financially, but it seems to me that his untimely release from his job might not be in accordance with applicable laws. And that's why I'm looking for suggestions from any lawyers on these boards. Can anybody help?

A few people are running charity auctions in order to aid them financially:

LordMarcovan's Trumpet Blast At least $1113 raised so far.

Wybrit's Project Trumpet Blast CLOSED. $20 raised.

Avarel's Rainbow Gift Pack CLOSED. $100 raised.

Clankeye's Auction CLOSED. $150 raised.

a2labmom's Auction CLOSED. $35 raised.

FairlaneMan's Auction CLOSED. $75 raised.

CosmicDebris' Auction CLOSED. $90 raised.

NewbieCollector's Auction CLOSED. $50 raised.

FC57Coins/GSAGuy's Auction CLOSED. $200 raised.

CoinAddict's Auction CLOSED. $45 raised.

Jester's Auction CLOSED. $70 raised.

MacCrimmon's Auction CLOSED. $250 raised.

Newsman's Auction CLOSED $40 raised.

Outhaul's Auction CLOSED. $40 raised.

MadMarty's Auction CLOSED $145 raised.

Wybrit's Project Trumpet Blast II CLOSED. $150 raised.

Thanks everybody for any assistance at all that you may be able to give.

RKKay

If in CA, check out the Fair Employment and Housing Act for starters. It prohibits firing someone for a medical condition. The federal law is the Americans with Disabilities Act.

Go here. Or here.

1jester

Thanks, Rick. I'll pass on the info.

barberlover

If you hear if this dissability act prevents employers from doing this nation wide please let me know.

My attorney, when I asked him about what my former employer said [admitted] to me when they let me go for my injury was "they couldn't take the chance on the liability" and I thought that was illegal, but my attorney said they could pretty much do as they wanted. Maybe the law doesn't apply nationwide ?

I feel bad for this person though I don't know them, firing a person for a heart condition is a scummy thing to do.

Les

RKKay

Les, I haven't worked as an attorney for five years, and only dealt with ADA once, but my understanding is that it requires employers to make reasonable accomodations for your disability, and it is a federal law.

Here is a Q&A page on the ADA: Link.

FC57Coins

Jester:

Regardless of what state Pam and her husband are in, if the reason that her husband was let go was because of his heart condition - THAT'S AGAINST THE LAW! As a human resources manager the first thing I would ask is if there is any history of problems or poor performance that this employer can claim is the reason for the separation. If there isn't - which I would expect is the case, then I would recommend that Pam seek the help of a competent labor attorney and file claims under Title VII of the Equal Employment Opportunity Act, The Age Discrimination in Employement Act, and the Americans with Dissabilities Act. These folks have various avenues to seek redress on the matter, and though it doesn't put food on the table right now, it will be worth their while to at least explore their options. Many attorneys in this field will take these types of cases on contingency as employers have been known to be dunderheads where it comes to employment laws. My prayers and good wishes go out to Pam and her family.

Frank

roadrunner

If the heart condition prevents the individual from performing their job, and that condition was not
a result from the job itself, the employer would not be duty bound to keep that position open for them.
Nor would they have to find another position that the person could comfortably do. But most employers
would likely bend over backwards to make a position for them. We had 2 individuals at work become incapable of doing their job when serious illnesses overtook them. At that point disability laws and medical insurance take over. But as long as the person can do their job, and their personal physician clears them to work (heart condition and all), and there is no additional immediate risk of this employment, then the employer is duty-bound to maintain said employment. For desk bound people this is a no brainer. For someone working at elevations or near dangerous equipment, that's another story.

roadrunner

FC57Coins

Roadrunner:

you are correct in your assessment - however, if the case were that the individuals in question were not able to perform their jobs due to physical constraints, then long term dissability or some such option, whether company funded or state funded should have been explored. The situation that I'm alluding to primarily focuses on letting someone go on a trumped up reason because of their health condition or age.

Frank

1jester

Thanks for the additional responses! I can appreciate an employer's desire to not hold a position open for someone who can't do his job, but as Roadrunner mentions, that is where disability comes in. I agree with Frank that it's illegal to simply fire someone without due cause. I don't know Pam's husband's exact position, but it seems that the employer simply fired him with no disability or retirement provisions. I'm happy y'all are helping her out with these suggestions.

FrattLaw

Becareful of the advice you give on this Board, especially in siutations like this ----



<< <i>the employer would not be duty bound to keep that position open for them >>


That is completely untrue. According to the Family Medical Leave Act, an employer MUST return and restore that employee to their previous position or a similar position when they return from their leave.

Here' s link to more info --- FMLA Info

Also, he might be covered by COBRA, and be able to purchase and continue with the health insurance he currently has @ the same rate the employer pays.

Here's a link to more info --- COBRA Info

I assume that he is employed in Florida and I do not know specific Florida law of statues, but he is also probably covered by the ADEA, and is being discriminated against based upon his age.

Here's a link --- ADEA Info

And finally, this would certainly fall under the provisions of the Americans with Disabilities Act. And I'm sure Florida as a similar statute that will also prevent this type of discrimination. California has FEHA that covers employers with as little as 5 employees.

Here's a link -- ADA Info

I cannot stress enough that this person should seek legal assistance and representation in this matter. The links provided are only for informational purposes and they are applicable nationwide. There might be laws in Florida that are even more strict that what the US Code provides for, but it would never be less. This family needs to find a seasoned lawyer in Florida that specializes in employment law & discrimination. If this person's condition was caused by work or effected by his job, he should also seek out a workers compensation attorney.

Here's a great starting point for the search or for their own research -- FindLaw

Good-luck!
Michael

medonwon

Employers can fire with no reason in South Carolina.

There has been legeslation introduced in the S.C. house and senate to change these laws but has been struck down on several occasions.

If it is determined that medical expenses will be too grate the Ins. co. can also drop you in S.C.

However there are several things that are fedral law that the state can't get around.

All states are not alike, and it seems that S.C. is bass akward.

Older workers are discriminated against quite often.

I hope you can find some satisfaction.

I wish you the best of luck and I also feel for you.

It is sad thet our government can treat us in this manner.

lathmach

Excellent advise, Frattlaw.
No one reading these threads knows what really happened, except the woman whose husband is in need of the heart transplant.
She needs to see a local Lawyer and have him/her as Attorney for them. They may or may not have redress against the employer.
I had only one run in with the ADA. Turns out I was exempt from the act because I had fewer than 20 employees.
They should explore finding a hospital that will donate their resourses. An employee of mine had this, and a hospital donated everything. It was a Detroit hospital and I believe it was the Henry Ford Hospital there.

Ray

Dog97

<<<At his age, and with his condition, it is highly unlikely he will ever be employed again.>>>
It is also highly unlikely he will ever be insured again too.
I'm not a lawyer but am going through something similiar. My case involves a nasty divorce and loss of Blue Cross Blue Shield health care for myself and my 5 year old daughter.
IT IS VERY IMPORTANT THAT HEALTH INSURANCE BE MAINTAINED!
FrattLaw said that COBRA allows you to purchase and continue with the health insurance he currently has @ the same rate the employer pays. I'm not sure about that, I though it was @ a much higher rate and it also lasts for only 18 months. I'm waiting on COBRA paperwork right now & will soon know for sure.
The way that works is after the employer notifies the insurance company that the person is no longer employed the insurance company sends you paperwork allowing you the COBRA option.
Don't sit on your hands waiting though, get on the phone & call the number on the insurance card. Lawyers & insurance companies move with agonizingly slow speed and you may go weeks while it seems like nothing is being done.
Stay on the phone & push them. If you can get anything done a day sooner that may save you several weeks by the time it goes through all the channels. Also very important to keep a log & document who told you what and what they said and always ask for that person next time you call.
Good luck because I know how life sucks.

cosmicdebris

Sorry to hear that Dog. I hope all turns out well for you.

cherrypickincoin

I'm saddened to hear about all of this. My family had a very rough year last year and is still recovering from it. Life is not easy sometimes and I wish asnooker and you Dog, the best of luck. Words can't do much but you have our support.

lathmach

Dog, the Cobra is 18 months, and the same rate the Employer pays.
You can not extend it beyond the 18 months.
Here in Michigan, Blue Cross Blue Shield must insure you, regardless of medical condition.

Ray

ohbaby

While this is a sad story it belongs in the Open Forum. The auctions, in the BST forum.

Again this is a sad story. If anyone wants to really help Pam, they should advise her to see a lawyer in her state of Florida.

I am baffled how so many when confronted with serious issues seek the advice of friends [or even strangers in this case] or people who have no experience or expertise in the area in question.

I understand how many want to help but bad information can mislead, delay and do more damage than good.

Pam, if you read this please seek out the advice of a labor attorney in your state of Florida. Many lawyers will consult w/o obligation for 45 mintues for about $250 and you can determine if you have a case. Don't waste your time with free services as they often don't have the expertise. Good luck!

topstuf

Another vote for calling your LOCAL experts.

Dog....in the case of expiring COBRA......call your insurance provider to check out the HIPAA availability.

In my case (I retired at 62 and can only hold the COBRA til age 64) I can pick up the HIPAA option that will tide me over til Medicare Supplement takes over at 65.

Call.....ASK.

Best of luck to all.

...............................................

Incidentally, it just PIZZEZ ME OFF to see billions spent on oil bombs and decent Americans being SHAT upon!

Grrrrrrrr.

And how cleverly we have been duped into HAVING to shop at big box discount stores because those same stores now sell cheap Asian crap and have helped to close the American factories. And then thinking the discounters are doing us a FAVOR!

NAFTA, GATT, TRICKLE DOWN..............wheeeee!

May the American politicians rot in HELL!!!

ohbaby

competent labor attorney and file claims under Title VII of the Equal Employment Opportunity Act, The Age Discrimination in Employement Act, and the Americans with Dissabilities Act.

As an employer I can tell you these acts are w/o teeth for the most part. But don't take my word for it. Check out the percent of prosecuted cases versus claims. Less than 1% of claims are are ever prosecuted. If that seems odd remember only the big cases make the news. My company's outside labor counsel has never lost a case [his claims] and he has been practicing corporate defensive for 4 decades.

Employers can always find a reason to let people go. There is no gaurantee of employment. When hired many accept the position as an at will erm of employment.

I do not condone the games that go on but that's the reality. Pam's story is not unusual. Even age discrimination as the boomers get older is rampant today and how often to you hear of a case being prosecuted? I personally know off the top of my head 11 people over 50 who lost their jobs [replaced by younger worker] in the last 2 years. Only one was able to press her case and she is still waiting for some kind of resolution...and remains unemployed.

If more people knew the truth of what happens there would changes but who really believes something like this can happen to them?

FrattLaw

<< <i>My company's outside labor counsel has never lost a case [his claims] and he has been practicing corporate defensive for 4 decades. >>



Now that's a smart attorney, he settles cases he would probably not fare well in. Great attorneys settle losing cases, good attorneys find themselves in trial and ask how did I get here.

Michael

ldhair

Dog is right on the COBRA issue.

The rate will not be the same.

The company was paying a portion of the rate but will no longer do so.

Guess who will now have to pay the full amount

The courts look at every case in a new light.

It changes too fast to keep up with.

Attorney-Attorney-Attorney-Attorney-Attorney

No other way.

1jester

Great advice to start contacting the lawyers immediately, and to keep detailed notes of every conversation.

1jester

TTT. Thanks to the Smokin' Pug and GSAGuy and Clankeye, who've raised $300!!!! More on the way. Many auctions still open.

Thanks guys!

1jester

Thanks for all the help and sympathy, and donations. Over $1500 raised so far.

1jester

Some new auctions have been added! And some more anonymous Lightsiders have contributed too.

Outhaul

Bump!

LucyBop

I just want to send a little cash donation.... whom shall I send it to?

jadecoin

We are preparing to list some items on ebay. We will dedicate a few of them to Pam and her husband as a donation to the cause.

Jadecoin

1jester

That is wonderful, Jade. If you'd like, I can list it in the first post.

Clankeye

This is really picking up steam.

And for a pleasant change it's good steam.


Clankeye

1jester

Are you used to just a bunch of hot air, Sir Bard?!

bigindie

This needs to go back ttt. Bid Early and Often on thos auctions, people!!!!111

MadMarty

Hey Asnookums! Do you have a paypal account we cen send the cashola too?

asnooker

Yes My payapl account is HP8888@comcast.net and in answer to the person who wondered why I would ask legal questions here......I didn't. Lord M noticed I was selling something of sentimental value on the BS&T board. I confided in him via a PM. I asked him to keep it confidential......He took it and ran, but didn't devulge my name. This ran without anyone knowing who it was for, a couple of days. Then I had to tell everyone it was me so I could thank them. I want to thank them again! This entire event has given me the strength to have faith and it put the fight back in me. I'll never forget what has happened here! I will fight for my Husband's life with everything I've got! I will be forever grateful to all of you!
God Bless you all
Bert & Pam
and....we have an appointment with an Attorney.

wingedliberty

Paypal sent. I hope things turn out for the best.

God bless!

hookooekoo

Paypal also sent.

It's not much, but every little bit helps.

Your positive attitude in a desperate situation is an insperation.

God Bless

1jester

Thanks so much for the support, folks. Since a lot of people have been sending money directly to Pam's Paypal account, I have no way to keep track of the amount of all the donations, so it is probably far in excess of the figure mentioned in the title.

A HUGE THANK YOU TO EVERYBODY!!!