Is there lawyer willing to share information/ or has anyone experienced something similar

fiercebynature
on 8/10/16 9:35 pm

Here is my story.  A year ago The Hip surgeon I had, changed his mind one week before the surgery and said he would not do it. My workplace put me off on disability because of my need for the hip replacement. My job is quite active working with parents and their children.  Before I left my manager said they had no problem at all with me adapting parts of how I do my job to accommodate my arthritis and replaced.

In the conversation when they put me on disability my manager and the director of my workplace said many nice things  i.e. what a great worker I was , that they wanted me to get healthy and they wanted me back that I was perfectly suited for my job. That they would hold my job for 5 years. Now I think their assumption was that I could be on works private disability for 5 years but in actuality I can only be on it for two years. I recorded it as I was very paranoid at the time, they don't know.

Once the hip surgeons ( multiple surgeons) heard I also wanted to have WLS they refused to do the hip before the WL. WLS will be September 2, 2016 . Hip will be March 6, 2017. Back to work September 2017. Disability is over in October 2017.

In conversation, and this is the second one I've had like this ( she calls them check ins)My manager made it sound like I'll never make it back. Tonight she actually made it sound like she expected me to have given up by now and that she was surprised I hadn't.

I really believe she is working very hard while I'm gone and cannot speak for myself to paint a story of physical incompetence. I have arthritis ( moderate to severe in the knees and feet) as well but the hip is why I am off. So she brought up the arthritis as if that was the reason I was not at work. I did correct this politely.

I have met with other staff socially and have been slightly confused by their comments and questions "oh you are coming back" or " are you coming back" and more and when I say I am working very hard and hope to be back next year they look at each other like they know something I don't.

Tonight my manager talked about a friend who when he was off on disability the insurance company retrained him, and how she thought that they would do that with me. I suggested that the insurance package his company paid for was maybe slightly different and that you had to pay for extras like that. our insurance company does not do that.

I truly don't know what life will be like once I lose weight and have my hip replaced.

Has anyone been through this. Can they renege on what they have said, even when I have it recorded. Do they not have to give me time to get back on my feet. This manager has done this before with others, repeated, we all worry about her, she is the reason I recorded the conversation, she has also bullied people to the point where they leave to get away from her so it very feasible however is it legal.

Anyone know. Anyone been there.

 Sorry this is so long, and off topic, this board has been such a wonderful resource.

Surgery: 9/2/16 H.W. 340 S.W.254 C W 208

Leslie W.
on 8/11/16 4:21 am - Cobourg, Canada

Are you unionized? If so talk to them. Everyone's ltd is different. Mine at one point was for 5 yr. You keep position for 2 yr then after yr3-5 you keep your link to employer and if able to go back may get different position. Check with human rights. Can your position be modifed?

Not sure how legal it is to record without permission. Happy to see you have your dates

 

    
Referral: August 2010 Orientation TWH: May 25, 2011  NP: June 8/11, f/u sleep clinic June 7, abd u/s June 14, SW: June 28/11  Nutrition Class: July 5/11, Dietician Aug 09, Psychologist Aug 25 Surgeon Sept 16th Surgery Date: Oct 11/11 HW:287, Opti wt: 260 SW: 242
My Angel is Sheri TK   
fiercebynature
on 8/11/16 9:10 am

Thanks for your reply.

no Union 

i was not given an option to say I'm recording this as they simply dragged me into the office and let me have it , when I heard the preamble I hit record 

 

Surgery: 9/2/16 H.W. 340 S.W.254 C W 208

(deactivated member)
on 8/11/16 7:21 am - Bumfuknowhere, Canada

My employer was the same as Leslie's, we only held a job of someone on LTD for 2 years, they continued on long term but their job was no longer there for them if they went past 2 years.  We would retrain them for another job if they ever did come back. No idea if your recording is even legal as they didn't know although it's good to have in case it is legal.  Ask for a copy of your HR policies about LTD if you don't already have them.  Whatever is in writing will hold more weight than a conversation because she can easily say she gave you incorrect info and made a mistake.  

HKT53
on 8/11/16 8:26 am - Toronto, Canada

Yes you need to talk to a lawyer. The key here is that your job is not in the driver's seat right now...its the LTD Insurance Co. Most Insurance LTD will threaten to pull the plug after 2 years..want to negotiate for you to put you back in your job immediately...or settle. They want to get you off their books as easily as possible after 2 years weather you are ready or not. Having said that, your lawyer will move you to take a settlement and then almost 1/2 of your award goes in his pocket. In October your Insurance is going to ask you if you want them to fight for your job back or do you want to be retrained or do you want to look for another comparable. Be careful, if you are not ready to go back to work tell them right from the beginning that your intention is to go back to the same job, when you are ready. When insurance schedule you to an appointment ask exactly what the appointment is about that you are not ready to go back to work. Some insurance companies will stop sending you money until you settle with them. There is a fine line and worth a lawyer picking this up. 

In my case, the insurance stopped sending me money....it took a year to negotiation....and my job changed insurance companies and simply said they couldnt find a comparable position for me "with the restrictions I had presented". Dont talk to your employer or co workers about your disabilities from now on. Keep your conversations about the weather and that you are looking forward to you being well enough to return - then change the subject. Most who you talk to have nothing to do with negotiating with long term insurance but HR will ask indirectly to see if you have intentions of returning. Stay cool and calm. You certainly should get the HR policies about LTD...there is always a term used that you would think protects you, but in fact gives them an out after two years.

 

Referral - Feb/14, Orientation HRRH - September/14, Surgeon appt. & gastroscopy Dr. Hagen - October/14, Trio appts. - April/15, Dr. Glazer - April/15, Revision RNY - July 10, 2015

NorthernStar
on 8/11/16 12:43 pm - London, Canada
RNY on 06/25/12
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