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I Want My Job Back!
The battle shall continue until there is no more injustice....



One of the injustices I am fighting is the wrongful termination from my former employer, a major financial institution that I have worked for in a Management / Administration role for over 8 years.  At this time, they will remain nameless due to a pending grievance / complaint I have filed with them to obtain my career back.  I was let go due to not enough evidence to support medical leave necessity while undergoing medical treatment and testing from one of the top Neurological Institutes in the country.  I can understand companies battle faulty claims daily, but in this case they have damaged their own reputation and need to be prepared for my fight.


LOVE OF MY JOB

First let me say I love my job, and I have always been very proud to represent this company.  By their standards and words I am an outstanding employee.  I am highly dedicated to my work and to the reputation and betterment of my department and to the company as a whole.  I am not an employee that simply pushes a time clock and bides the hours until it is time to go home.  I take my responsibilities very personally and stand behind my work and my efforts.  This is my career and a huge part of my life, not just a job and a paycheck.  I was with this company over eight years, and planned to continue calling it my ‘home’ for many more.  My coworkers were like family to me, and in my role I did a tremendous amount to support and assist whenever and wherever possible.  I took my career to heart – missing deadlines or letting people down was not in my nature.  I was there to make other people’s jobs easier and make Management look outstanding.  At times I was a slave to my career – working nights and weekends, taking work home to ensure things got accomplished timely and properly.  I gave 110% everyday to everyone, and was recognized and praised for my hard work and efforts.


ILLNESS STRIKES

When I became ill, and my world turned upside down.  In the past 10 months I have been through hell and back with this company, battling denial after denial, loss of pay, HR reps that wont return phone calls, personnel that distribute inaccurate information, and simply don’t care...battling loss of medical benefits due to their misinformation, termination of employment twice via phone mail from an HR Business Partner that wouldn’t and still wont return phone calls...six phone calls regarding my employment that wouldn’t be returned.  She is employed, why should she care about my employment??


I shake my head and wonder.  How can a huge, international financial institution (or any company for that matter) get away with treating an employee in such a manner??  They simply don’t care.  I am one in hundreds of thousands of employees, and I have no voice.

I am speaking out now.  I want them to hear me.  I want justice.  I want my career back, and I want the past 9 months of pay they have denied me as well.



MY STORY

Here is my story. It may be long, but it represents my life and the hell I have gone through to retain my employment and pay. This is my damn life we are talking about...not just another job, and certainly not something they should take as lightly as there are.  It certainly shouldn't be treated with as many mistakes and inappropriate behavior as it has been.


SSRI WITHDRAWAL SYNDROME

If you have read my other articles on my website, you know that I am currently battling what I now know is SSRI Withdrawal Syndrome, due to Cymbalta.  I did not know that this was the cause of my illness until January 2008.  SSRI discontinuation syndrome, also known as SSRI withdrawal syndrome or SSRI cessation syndrome, occurs during or following the interruption, lowering of dose or discontinuation of regular SSRI or SNRI antidepressant drug usage.  The prescribing labels of SSRIs acknowledge the possibility of "intolerable" withdrawal reactions.  One of the most unbearable withdrawal effects is the “brain zap" effect - neuroepileptiform activity, or mild seizure activity.  This attribute of abruptness leaves the brain a relatively short time to adapt to a major neuro-chemical change when the medication is stopped or the brain decides it wants more, and the symptoms may be caused by the brain's readjustment.  This can be very disconcerting, especially to those patients who have no prior warning or knowledge of them. Many medical professionals are still unaware of the possible occurrence of this effect.


NOVEMBER 2006

In November 2006 I began having extreme zapping activity, sometimes correlated to my own activity.  I was beginning to have problems with confusion, memory loss, extreme sleepiness, severe exhaustion, and more.  I was becoming irritable with everyone around me, and trying to stay as normal as possible.  How normal can someone be with electric zaps hitting their head non-stop and the feeling that you cant move more than a few feet without wanting to pass out?  I was taking naps in my car during work breaks, and having to work even more at home to keep up with my workload because I couldn’t get anything done in this condition.


I see my regular Primary Care Physician monthly, who sent me to a Neurologist, thinking that the zaps were possible seizure activity.  This scared me tremendously.  I was anxious to find out what was wrong and  to make this feeling go away.  My professional life was suffering due to the zapping and memory loss / confusion.  I was missing too much time off work, and when I was there I was not overly effective – which was a personal stab to my pride in my work and performance.  Some days were better than others.  The Neurologist I went to referred me to Barrow’s Neurological Institute at St. Joseph’s Hospital in Phoenix, which is an internationally renowned  medical center with the world’s leading neurologists, focusing on excellence in patient care, medical education and research.


MY LIFE CHANGES FOREVER

In February 2007 my life shattered even further.  I went on a business trip with my Manager and several other members of Management for a week to Columbus.  While on this trip I was having the most severe shocks to my head I had experienced yet, and I started having a tremor and twitching on the right side of my body.  My memory was shot to hell and all I wanted to do was sleep.  I developed a migraine that lasted for days and I was so disoriented I felt like just dying.  My function on this business trip was instrumental, and  I was a complete disaster and disappointment.  I became suicidal while I was there – I was devastated at my performance and lack of ability.  I was distraught over my own personal feelings of worthlessness and ashamed to be there.  I let my department down, and I looked like a trembling, twitching, irrational fool. I just wanted to crawl away and die.  If I couldn’t handle my job, a place where I was needed and appreciated for my accomplishments, what good was I?   A week later I encountered even more problems with migraines and sleepiness.  It seems that after heavy periods of head zapping my body just shuts down to recuperate and my head pain is too severe to function at all.  I missed several more days of work, and when I came back I was even less functional than before.  I was constantly late to work, late with projects, sleeping at work, etc.

ASKED TO LEAVE

In late February my Manager, Phil, called me into his office and told me that if I didn’t take a Leave of Absence from work until my health and memory returned, he would have to place me on Corrective Action and eventually terminate my employment.   Talk about devastation and humiliation.  Although I know it was justified based on my lacking performance and attendance issues, I was crushed and embarrassed.  The fact that he was condescending and threatening my job didn’t help much.  I have never been on Corrective Action in my life.  I have always been an outstanding performer and take great pride in my abilities and accomplishments.  His demeanor brought me to tears and the next day I cleaned out my office and filed for LOA/FMLA.


My Manager has called me once since then, to ask where my keys were.  You give a person 200% of yourself everyday for years and they want to know where your keys are.  I’ve learned in business there is no loyalty or compassion – once you can no longer do every little thing for someone to make them look good and act like their personal slave day and night you are tossed aside like trash.  Disappointing, and the mere thought of it today – almost a year later – still makes me sick to my stomach and brings me to tears.


LOA / FMLA

In the beginning my LOA was going well.  It was approved and I continued to provide documentation and medical information to the Disabilities Department.  Things went well until the day my FMLA ran out.  The very day I exhausted all FMLA time, I was informed that my leave was now denied, and if I was qualified to come back to work I needed to immediately – and that if I was still under Doctor’s order to not work I would be terminated.  I was indeed under order not to work by both my Neurologist and my PCP, and I had paperwork to support this and all my medical paperwork.


MY  1st APPEAL

I was informed that I could appeal this decision with the Disabilities Appeal Committee.  I began writing my appeal letter, and getting letters from both of my doctors explaining and verifying my medical leave necessity.  With the head zaps, confusion, memory loss, exhaustion, and excessive sleepiness I was not able to work.  I submitted all of this information and waited for a response.


APPEAL APPROVED

At the end of July I was informed that the Medical Leave was approved through the end of June and that I needed to supply more medical evidence.  I had already had an MRI, Sleep Study, EEG, and was seeing both of my doctors monthly.  I called my Neurologists office and requested the information be faxed over as soon as possible.  I was assured it would be done that day.


LOSS OF BENEFITS

Duringg the time of my denial, since I was not receiving a paycheck, I had to send in a check every month to pay for my Benefits premiums.  When the approval went through for the appeal I received a phone call (voice mail) from the Payroll Department informing me that they would be issuing a paycheck for direct deposit.  I called back HR to find out what dates the payment covered and what the estimated amount of the check would be.  I was informed of the dates that were being paid out, and was told that they did not know the final amount because my leave had extended beyond the 100% payment , and part of the time being paid out would be at 60%.  I was further informed that the check would be “minus any benefit payments”.  The gentleman on the phone let me know that I would receive a pay statement in the mail so that I could better understand what hours and percentages I was being paid for.


I took this to mean that benefit payments would be taken out of the check for August, since this was the last week of July and my August payment was about due.  To this day I still have NOT received a Pay Statement and I am still unsure what hours, dates, or percentages I was paid for.  It was not until I was preparing to pay my September benefits payment that I discovered that August was not paid at all.  This was on September 1st.  I quickly mailed in a payment to cover my benefits for August and September on September 1st.  On September 13th the check was cashed by my employer.  I was under the assumption that everything was alright at this point since the check was received and cashed.  On September 16th I tried to pick up my anti-seizure medication at the pharmacy and was told that I was denied coverage because my benefits had been canceled.


I called the Benefits Department and was informed that my benefits had been canceled due to non-payment and that I could not have them reinstated until January 2008.  I explained the situation to the representative on the phone, who told me that my only option was to appeal this decision.  I inquired about COBRA benefits and I was informed that I would have to terminate my employment with Chase to qualify for COBRA.  I was told to try to find an Independent Carrier.  I told the representative that the letter I received as proof that I previously held benefits said that if my coverage was canceled for non-payment that I didn’t qualify for an Independent Carrier.  I asked if my only option was to terminate my employment so that I could qualify for COBRA, and the representative told me that since I was canceled prior to separation that I wouldn’t qualify even if I terminated employment.  I asked what my options were.  He did not have any other solutions, other than appealing the decision to cancel the benefits ---- Which I did.


With my benefits canceled, I ran the risk of losing my Disability due to not being able to go to the doctor, and it also eliminates the need to pay me the extra % for LTD that I have been paying into every month for the past eight years.  I filed an appeal with Disabilities Management and also sent a copy of it with a personal letter to the CEO of the Company.  I couldn’t live without being able to see a doctor or get my prescriptions….literally.


ANOTHER DENIAL FOR LOA

I called my appeals coordinator, Sue, to find out the status of my Leave of Absence.  She informed me that the paperwork from my doctor didn’t get faxed to Disabilities Management Services (DMS) as it was supposed to have been, and that my Disability claim was CLOSED.   DMS didn’t call me to tell me they didn’t get it, and no, they didn’t call the doctor to let them know they didn’t get it, they simply closed my case.


I requested to Sue that the case be REOPENED and I immediately called my Neurologists office to have them fax the paperwork again.  I would like to mention that this woman Sue holds my career in her hands.  Every time I speak to her she acts as though she has something better to do and is irritated with me for making her do her job or asking her questions.  She is also (I am very sorry to say) ignorant about the policies and procedures in regards to Human Resources, Disability Payments, and every other aspect of her job.  She is consistently rude and condescending, and treats me like a liar and a waste of her time.  I am sorry to tell her, but I am her job.  Without people on Disability Leave, and being denied leave – she wouldn’t have a job.


I understand that DMS has the responsibility to protect “My Employer” and pay out as little money as possible towards disability claims, but I think this is going beyond protecting the company.  The unfair actions of DMS are actually hurting the company with unethical decision making.


RETURN OF BENEFITS

Shortly after my appeals letter to DMS and to the CEO of the company – I received a phone call investigating the situation with my benefits.  The call was not in response to what I had sent directly to DMS appeals, but from the person handling the complaint I sent to the CEO.  Thank God someone was listening and thank God for the person that called me, Colletta. She was the most helpful and informed person I had spoken to during my interactions with my company and the disability / benefits.  She was professional and took action immediately to reinstate my benefits.  She even called to follow up and make sure I was getting my medical care and medications.


1st  TERMINATION OF EMPLOYMENT

 On October 24, 2007 I received a voice mail phonee call from my HR Business Partner, Kori, informing me that my employment would be terminated from the company if I was still unable to return to work per my doctor.  If I was able to return to work I would be placed on a 60 day job search to find employment.  She left another voice mail a couple of minutes later to say that in case I didn’t understand the content of her message, it meant that my employment was being terminated as of October 24th and she was sending me paperwork to make it official.


I called Kori back that afternoon and left her a voice mail.  I was unsure exactly what reason was behind my termination and indicated as such on my message.  I left her another voice mail on October 25 and yet another on October 26.  No responses to any of my messages.  I called again and left another message on October 31.  I let her know in this message that even if she didn't wish to deal with me, it was still her job as an HR Representative to return a phone call and provide an explanation for the termination of employment.  I never did receive any correspondence in the mail that was indicated in her phone mail.  I was frustrated to say the least.


2nd  TERMINATION OF EMPLOYMENT
On November 7 I received a voice mail back from Kori.  This is 14 days later.  She apologized for the delay in returning my phone calls, but she was traveling on business.  What kind of HR Business Partner doesn’t check voice mail while traveling on business.  Additionally, according to her message that played when I would call her office, she stated she was in Tempeon business, which is only 15 minutes from her Phoenix office – and the message stated she would be checking her voice mail several times a day and returning calls.  I have learned that no one in Human Resources in this company answers their phone, or returns phone calls.


In her voice mail to me on November 7 she stated that no paperwork was received by DMS from my Neurologists office (which was faxed several times), and that due to this I was being terminated as of November 7th and that she would be sending me correspondence to this effect.  I immediately called Kori back, but alas, received her voice mail.  I left her a message to let her know I didn’t receive the paperwork the first time she terminated me, and that I would appreciate if she could actually mail it this time.  I also let her know that paperwork had been faxed twice and that I had not received any information from DMS that it was not received, nor did I receive any correspondence indicating that my leave had once again been denied.  I expressed my dissatisfaction with DMS and HR in general with regards to the lack of communication, return phone calls, etc.  I told her I wanted and expected a return phone call regarding this matter, and that I wanted it sooner than 14 days later.  I did not hear back from her….and to this day, 3 months later, I have still yet to hear back from her.  Maybe she was/is traveling on business again. This time she did send the paperwork though.


ANOTHER APPEAL TO DMS

The following day on November 8 I went to my Neurologists office and personally receiving printouts of all of the medical documentation from July through November 2007.  I wrote a professional, yet firm appeals letter to Sue in the DMS Appeals group and faxed it to her myself with all of the medical paperwork I received.  I let Sue know in the letter that I had also seen my PCP every month, as well as having other testing done.  I let her know that my interactions with DMS and with HR were highly unsatisfactory and not acceptable by my standards.  I was disappointed once again that when they allegedly didn’t receive the paperwork they were in need of that I wasn’t notified in any form, and that I was simply terminated.  At this point I thought I had been rather patient waiting for their approvals and waiting for compensation owed.  It was now November and I had not been paid for time beyond the end of June.  I understand that these claims take time, and I didn’t want to be one of those employees calling and demanding money from an already overloaded department.


DMS RESPONSE & REQUESTS FULFILLED

Approximately two weeks later I received a letter asking for more medical evidence; my PCP’s doctor notes, my test results, more Neurologist doctor notes.  I gladly gathered up all of this information, along with a consent form for the Disability Insurance to request medical records.  I have nothing to hide, and am more than happy to supply any and all information.


I faxed all of this information over on December 14th, a couple of days before I entered St. Joseph’s Hospital for Epileptic Monitoring for a week.


MORE WAITING AND ANOTHER DENIAL


I waited patiently for one month without hearing back from Sue in DMA.  I called her on January 14, 2008 and left her a voice mail indicated that I had yet to hear back from her and was following up.  This is my life and my career, and I was tired of waiting and giving them time to ignore me.  I received a call back the next day from Sue.  She indicated that she had my file on her desk for the past week and forgot to call me.  At least she called me back, that’s more than I usually get from this place.


In the voice mail Sue left me, she indicated that my appeal was denied determined that there was not enough medical evidence to substantiate a “mental’ disability.  I was infuriated with the message for two reasons.  First was the fact that I was on a “MEDICAL” disability, not Mental.  I am not mentally disabled.  I am mentally incapacitated due to a medical condition.  Mental Disability is stress or depression related.  They should know the difference, and I found her statement to be highly offensive personally.  Secondly, I was irritated and upset that the claim was denied, and that the termination would stand.  I received a letter confirmation of the decision in the mail as well.


DETERMINATION OF MEDICAL PROBLEM

Part of the issue I have had through all of this ordeal was that all of the doctors I was seeing were unable to determine what was wrong with me.  The tests showed nothing, the EEG and MRI were fairly normal, and the Hospital stay I did for a week did not assist to finding anything or determining a cause or solution.


Perhaps in a way I could understand that DMS felt there was nothing wrong with me.  Their actions and communications for the most part were rude and condescending and inappropriate.


The last couple days of 2007 I determined what the problem was, which was the SSRI Withdrawal Syndrome from the Cymbalta I was taking.  The half life of the drug is so short, and since my body metabolizes it before the 24 hours is up, I was having head flashes and memory issues, etc every day I was taking it.  Making it worse was the fact that my doctor cut my dosage in half in November 2006, which is when things really got intolerable.  After a while the standard dose isn’t even enough anymore and the body goes into even more withdrawal symptoms.   It would have been nice if the doctors would have realized this, but the manufacturer of Cymbalta, Eli-Lilly doesn’t make this information well known and they aren’t overly forthcoming with withdrawal symptoms or how to stop them.



On January 17 I saw both my PCP and my Neurologist at Barrows, armed with my new information.
They were surprised.  They didn’t realize this existed or happened with Cymbalta.  I felt triumphant  - almost high from the excitement that I could make this go away.   I didn’t care what it took to get this to stop, I have already been living in a nightmare the past 21 months.  My Doctor and I worked out a tapering schedule.  My doctor actually spent more than two hours with me going over the information, calculating a schedule – even counting the little balls inside Cymbalta so I knew how many little balls to take each day.  Cymbalta doesn’t come in enough doses to facilitate a taper – and they off NO tapering schedule.  My doctors recommended tapering schedule would take 5 months.  I have decided that I cannot wait 5 months to get back to my life, and to get back to work, so I am tapering at double the rate, if tolerable.  Considering the magnitude and unbearable withdrawal effects as they are now, it may be almost too intolerable to taper faster than recommended.

WHAT NOW?

So where do I go from here?  The determination of what was causing my need for medical leave has now been made.  Does that mean that my company might actually believe I was ill, and that my Medical Leave of Absence was justified?  I am not one to just take some time off work for no reason and claim sick.  I certainly wouldn’t sit around for 9 months without any form of pay, nor would I let my job of 8 years slip through my fingers.  If I could have been at work everyday working my ass of for that company like I did every other day, I would have.  Perhaps the people that made the decisions don’t have a passion for their jobs the way I do.  Maybe they don’t have the drive, dedication and commitment and therefore don’t understand why this fight is so crucial to me.


THE FIGHT WILL CONTINUE

This battle with my employer and the entire HR / DMS department has taken its toll on me.  It is non stop stress of worrying about my career, worrying about finances, and worrying about my benefits.  This is something I didn’t need on top of the already horrendous ordeal I was going through with my illness and all of the symptoms and pain I was in.  The ‘powers that be’ want it to be a struggle.  They want the ‘little people’ to just determine that it’s too hard of a challenge to win or too much stress to deal with.  I am not ready to give in or stop the fight that easily.  This is my life, my career, and my pride.  It is also what is fair and what is owed to me.  I was and still am medically unable to work, but I am on the road to recovery – and it is highly justified that I be granted my Medical Leave and that my pay and employment be reinstated.


I am not an employee that is new to this company.  I have been employed here for eight years.  In this time I have given my blood, sweat, and tears to this company.  I have given 110% of myself day in and day out, working overtime, working at home, and doing whatever is necessary for the greater good of this company.  The least I expected was to be treated fairly and get the support I needed during this rough time in my life. I only want what is fair – I want JUSTICE.





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