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thistoshallpass

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About thistoshallpass

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  • Birthday August 5
  1. Thank you. I really need to make sure that this is something I really want to deal with or let go. I spoke with an attorney (hometown) that defends the businesses in situations like this, and she told me I had several grounds to complain and sue, and explained why, even offered to help, with a large fee, of course, and that's when I started questioning the right or wrong deal. Was she telling me that so I would pursue, and hire her, or was she truly being honest with me and was really going to do what needs to be done? That's why I'm happy I found this website. Attorneys willing to take a little time to answer questions without payment.
  2. My unemployment denied me bc per the phone conversation from the case worker, "the administrator states that I had only 2 patients all day, compared to the others 19 or 20, (which was untrue. I had 2 patients that morning, and many more that afternoon, and had already volunteered to work late since clinic was running behind,) and my use of profanity. Per the denial letter: discharged for failing to perform work up to the standards required by your employer. You had been previously warned about this and had demonstrated the ability to perform your work accordance with your employers expectations. The reason for your discharge is considered misconduct connected with your work. Your are disqualified. I have never been warned about my performance. If any, I was the "go to girl" for any extras that needed to be done. I had extra work put on me that wasn't even in my job description. If I wasn't performing my job duties in the past, then why would my administrator give me a kindle fire that was bought with company credit card points,(I had a check written and given to her to buy for a Christmas present bc the doctors didn't want it, but she ended up tearing it up ) saying that she wanted to give it to me as a show of appreciation for all that I do here. Bad performance award??? If that was the case, I could've of offered the award to someone else! lol
  3. I realized the FMLA would not protect me after I researched it. The handbook kind of makes people think you are, due to the statement "as required by law", in which the employee wouldn't exactly know how to understand FMLA unless it was stated in the handbook that its "required by law if the company employs 50 or more".
  4. Her "reason" and I quote at the time of termination "You haven't been giving 100% since the day you came back from medical leave and that it was probably do to my hip problems, and that had a negative attitude (I get quiet when I hurt, so socializing with me coworkers wasn't on my mind, just wanted to get my job done, and get home to rest my hip) and that I was unhappy there" and she thinks it was a time for me to have a change in my life, and then she brought up the profanity statement I made to another employee while being out on leave. My discrimination in my opinion is #1. She knew ahead of time that I was able to perform my duties and more, with the understanding that I would need to "rest" my hip or my exercises, which I quit doing the exercises bc she came into my room one day, when I had my yoga mat on the floor, and was about to do them, when she made the comment, "what are you doing, yoga?" I said no, I was going to do my exercises while there was a break in between patients. She rolled her eyes and said "whatever, you're needed in the back", so I rolled up my mat, and went to the back ( another part of the clinic that I would help when injections, or assistants was needed), and decided then, that I better not try to do my exercises at work, just to keep the peace. The profanity part..to me is discrimination bc no one was ever fired for that reason, and that its used throughout the clinic from other employees, and herself. She has never warned me or anybody about that before. Plus the discrimination of race: as well as I can understand the law: any type of comments spoken about my ethnicity (Asian American) whether it be "funny" or not, is not suppose to be allowed, and as her job, should reprimand that employee or terminate. Many comments over the years like "I should have shot your kind while I was in Vietnam, or she Japanese/Chinese, she's different, so that's why she acts weird", and they know my ethnic background is Thai, but would intentionally say a different ethnicity bc it would aggravate me, shouldn't that be a racial situation. I never complained about it, bc her son, was one and the others have been there for 10-15yrs, and basically would let it go since bc of the fact that it was her son, and she and the clinic depends on the others and I didn't want to be "one of those", so would either ignore it, or have a comeback. She at times would be right there listening/laughing. Plus: everyone there is visibly caucasion unless someone with a touch of Cherokee or Choctaw indian and Italian background isn't considered caucasion. No Hispanics, African American, or any other "visible" ethnic race has been interviewed or hired since me, and like I stated previously, she wasn't the one that hired me. The negativity is what she uses on everyone. I know of only one other person that was terminated under that circumstance, at least that is what she told me, but I've always argued with that. I'm a very outspoken person, but also my work ethics, and the way I was brought up (military) makes me different from others. I was brought up as "you do it right, half right isn't allowed", and if I would see "half right" work on a patients chart, I would bring it to her attention, and she would then tell me to go to the person that is not doing it, and tell them it needed to be done, which wasn't my job, but per my boss, I would do it, then the person would "complain" and of course I would get feed back from her several months down the line that people just didn't know how to take me, and felt I was a negative person, or being mean, when all I was doing was trying to help show the person what was being "overlooked", so all of us techs wouldn't get the usual "blame" for billing problems or incorrect charting. I quit doing that for her a while back, even when she would tell me too, bc I didn't want her using that against me, so instead, I was correcting the mistakes without having to worry about offending someone. I've never said I was unhappy with my job. I loved my job, and my patients. I told her that I disagreed with her decision, but at least I can say that I was fired for doing my job. The day I was fired was a very rare day for the clinic. Under normal circumstances, we would have 120-150 people scheduled for a Tuesday and all techs would be in unless out for something, a day where even a restroom break would be inconvientent, b/c it would be so busy. On this day, there was 1 doctor in, had about 35-40 patients scheduled for the morning, some were there for tests for other doctors in the area, and the rest was the clinics patients. They trickled in, one by one, and with all the techs being there, it was a waiting game which meant lots of time to kill before getting a patient. The way that the new office is setup, a few of the techs can't see when a ticket is dropped in the box, so you either stand there waiting at the box, or depend on your computer to tell you if a patient is ready to be called back after signing in, in which, program was very slow due to an update a few weeks prior to, so really wasn't dependable to use at the time. I would end up walking up and down the hall to see if a patients ticket was in the box, and by the time I would get to it, someone whose room was closer would get to it before me, and I made it known that I was on my way to get it. I only got 2 patients that morning. That was only bc I went to the front desk and waited for them to finish what they needed before putting the ticket in the box. I kept telling my other coworkers that were able to see the "ticket box" from their rooms, that I needed to get more patients bc I only had 2, and they would still get a patient bc the "sitting around waiting" isn't something that the techs are used to or didn't want to get in trouble for. Previous statement:There's always something to do in the office. Well I worked by that rule since the first day it was spoken from her mouth. Instead of sitting in my room on my phone, or in another techs room talking, or just standing there waiting for a ticket, I got charts that needed to be "prepped" or transferred into electronic medical records(tech responsibility), gave some to another coworker bc she asked for some, so she could stay busy, helped with a few diagnostic tests, went to the back to help move patients or assist in whatever needed, and would walk back to see if a patient was waiting to be called back. At lunch time, I went by the administrators office with printed info I researched for a piece of equipment, a fellow tech was in her office, so I just told them I was dropping this off for her to look at, and decide which one she thought would be best, and left. I get back from lunch, and there's a sign at the ticket box with each techs names and the number of patients each had seen that morning. I had 2, which I didn't deny or try to keep quiet about, some had 4, 1,6, 9. So I figured the coworker that was in her office had complained bc she was already unhappy with being told by the administrator that morning not to ask for any time off bc she just got back from a vacation, which happened to be the same coworker that I told that "profanity" statement to, when she called me to vent about work one day, and me being out on medical leave. So that afternoon, I was paged overhead to come to the administrators office (4:15pm) and that's when she said that I was unhappy to be there, had a negative attitude, and wasn't giving my 100% since I've been back. I didn't argue with her, bc there was no sense in it. I was doing what I was told, and I have never slacked on my patients or my job. May not be walking as fast, but I was doing my job, and for her to say that I wasn't giving 100% due to only getting 2 patients that morning but not reprimanding the ones for only 4 or 1 or sitting in their rooms "killing time", and saying that it was probably bc of my hip or that I was unhappy, and then to quoted my "profanity" statement and saying I was a negative person, that it was time for me to have a change and that I was an asset to the company but I needed a change.
  5. BTW: It's 1:23am so I apologize for the rambling....lots on my mind right now.
  6. Work and live in MS...Was employed with this medical office for almost 7 yrs until I was terminated about a month ago. I wasn't surprised due to the fact that my administrator had been given me the cold shoulder since the day I came back from medical leave. We in the past had our ups and downs, but I always knew it was a damn if I do, or damn if I don't type of relationship with her. I had arthroscopic hip surgery on 3/29/13 after many, many years of hip, leg, back pain. My job required me to be on my feet, walking and standing majority of the work day. The pain progressed over the years, and then people started noticing that my gait was off, and would start asking questions, by patients or co-workers. I hardly complained about it hurting, but finally decided that it was hindering my life with my 2 young boys, because my range of motion was being affected, so decided it was time for me to take care of me, and have this repaired. I worked for an office with around 30 employees, and with the position that I worked, I knew it would be a hardship on the office for me to be off, but the surgeon at first said 2 wks to recover, but after he realized my job requirements, he put on the medical slip 2-6wks. Well that turned into 10wks due to a little set back of scar tissue and inflammation, but during all this time, I'm contacting my administrator telling her that he didn't have a problem with me coming to work, but wasn't going to release me without restrictions, until he felt that I would be ok. She would keep saying that she wasn't going to allow me to come in until I got a release without restrictions, that there was nothing at the office for me to do. Which was not true at all. I could've covered the phones, helped with scanning documents, or something...because "there's always something to do at this office, so standing around, talking or taking a break in your room with a coworker, isn't optional", per administrator many of times over the years. I ended up receiving a copy of the "leave of absence" page of our handbook from her with a post it that says any questions give me a call. Dated 5/14/13. I got it no later than 5/16/13 in the mail, read over it and was panicking over the fact that I may lose my job, so I called her immediately, and asked her if there was anything for me to worry about, that she had received all the documents from my doctor and me, per her verbal requests and requirements. Her response,"why don't you come to the office one day and we'll talk about it, but not make a special trip (I live 30-35 minutes away) just come on the day I have PT, told her when that was scheduled for, and she said that she didn't know if she would be in. Got a text the night before I was going to see her telling me she would not be available and to come by on my next visit to the doctor, which was scheduled for 3 wks later, and she knew that, and that would be my 10th wk out. Needless to say, I got very upset, then very depressed, and stressed, with the not knowing situation.**basically the handbook was never an issue until this** ( Little bit of history:Which my only other medical leave of more than a week was when I was out on maternity for having a 6 wks premature son, which I was only going to take 6 wks, but she stated the law requires 8 now, and wasn't going to allow me to come back any sooner, but short term insurance only allowed 6wks, but would have to use all my PTO until that kicked in, so basically, I got 4 wks of my PTO pay, and 2 wks of short term, then 2 wks without pay, and that's a huge financial hit, when you're single)...but anyway, back to my problem,, I ended up showing my doctor what I received and told him he had to release me without restrictions bc I was worried about my job, so he did that but I was to continue seeing him every 2 months and if I start having problems to call. I left his office, with the release, took it straight to her, without trying to call, and asked if I can come back to work now. She asked if I asked the Dr for this release, I lied and said No, she asked if I needed to keep going to PT, I said, No..if I'm allowed to do my exercises here, a couple of times out of the day, that hopefully I won't need to start back, but to keep in mind that I'm having scar tissue and inflammation, had an injection, and was still unable to move as quick, and that sitting for longer periods of time would be needed if start hurting. She asked if I ever considered having a desk job, I said, No, this is what I've been doing for almost 15 yrs, the thought never crossed my mind (surgical tech by trade, assist in clinic not in surgery anymore), she said that she was fine with me doing my exercises, everything was fine, that she sent that to me because she didn't know if I was going to be out longer, or what, but she needed to know, which at that time, I didn't know if I was going to be out longer, and will see me on Monday, 6/3/13. I started back and immediately felt the cold shoulder from her. I wasn't allowed to pick up a box of meds that came in the mail, I wasn't allowed to do "normal" anything without her saying don't do that again, until you see your Dr., which I was able to do everything, besides, he released me without restrictions. The office moved into the new office on 6/27 & 6/28 from guessing a 5-6000 sq ft could be smaller to a 14000 sq ft office. A much larger area to walk, which I was already having to issues towards the middle of the day, but not complaining, and already had seen my Dr for post/op and said I needed to start PT again..wasn't getting anywhere, because there wasn't much time in the day to do exercises. I think I've put enough out there. I have gotten great yearly evals, and raises, was even told I was an asset to the office at the time I was fired, but to her, I had a negative attitude, haven't been giving 100% since the day I came back, and that I was unhappy to be there. But looking at my time sheets, I worked late almost everyday, even if it wasn't my day to work late, I did come in late 2 mornings, 1 was bc I forgot to set my alarm, another was for daycare situation, I even had a dirty needle stick incident the Thursday before this happened, and was more worried about upsetting the patient about our protocol, which isn't the best protocol to follow, went to do the labwork for that (walked a ways to that lab), came back and finished a 9 hr day without a snack or lunch, never complained. I wasn't surprised by her firing me. Like I said earlier, I could tell she was up to something, but for her to tell the unemployment that I wasn't giving my 100% and using profanity, is a joke. I'm a single mother of 2, and finances aren't the best, considering short term insurance wasn't enough to actually say I got it, but seriously, this isn't to me, a fair situation. She hired someone else in their 20's, no medical experience (she always does that) and is friends with her son, who also works there, while I was out on medical but starting the same week I came back. I did make a comment to a fellow coworker while I was depressed and stressed and out on leave, right after I got the handbook copy, and yes made an ugly comment to her, which she ended up telling the administrator, so that's where she gets the profanity use from, need to mention though, that she herself has spoken profanity, and 98% of the other personnel, while on the clock, no one ever fired for that, and also, with me being the only person for 7 yrs that was hired by the previous administrator, of an ethnic background, and she only advertises new "openings" by word of mouth, bc she doesn't want to have to deal with "all those resumes or interview a lot of people" and for that...she hires inexperienced people, that Me or another long time coworker, has to train, which in the end, these people only want a paycheck, and doesn't really care for these patients or the doctors they work for. I need some advice, that's not within my group of friends. I need an unbiased opinion. I'm still looking for a job, nothing yet, been living off of my retirement, which hopefully I won't spend all of, and praying that I will keep being who I am, and not let this get to me.
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