Since I post here almost daily :) I still feel pretty new to this diagnosis even though its been going on nearly 7 months since I got sick. I am drowning in paperwork, and I feel like a broken record. First of all my employer denied my FMLA and fired me and I lost my insurance. (EFF off TMOBILE :) ) So not I am applying for disability, unemployment and medicaid. First off all of these is the fact that tmobile is an asshole. My dr faxed them the ppwrk many times and this is about the 3rd time I have had to go on FMLA since May so I am well versed in the process. I am extremely dissapointed in the kind of company they turned out to be. I was a very good employee until I became ill and I worked there for a long time. Anyway, I have all of the other stuff going on with social security and medicaid, I am wondering if any of you out there have had to deal with this (I am betting I am not alone.) and if anyone has any tips or words of advice I cannot tell you how much I appriciate it!
Under the Americans with Disabilities Act you can't be fired due to a illness. It's illegal and it's discriminatory. Your employer knows this.
Did they specifically state it was due to your illness? If so, then you might could file a EEOC violation against them if you have proof. Yet, that would take a long while to process
You said you've had 2 FMLA requests already since May. This means that your doc has signed you back in as capable of handling the work load at least twice since May. You now, were seeking for yet a 3rd FMLA in 5 months, right?
FMLA is typically earned by the employee becoming eligible. To be eligible, the employee has to work x number of hours prior to the occurance. It could very well be that your employer viewed this 3rd request as just a standard request for "Leave of Absence" and if so... they let you go. Also, employers can deny LOAs and FMLAs if they feel it doesn't qualify for them.
A employer is not going to go all out to keep a employee who continually seeks leaves of absence when they can find other employees, especially in this day and age, who won't... regardless of how great a employee you were --- you were now viewed as a liability and a attendance issue --- as well as a insurance liability on them.
THIS IS NOT a slam on you personally. Has nothing to do with you so you needn't take it emotionally, though it's very very hard to not do so. It is business and business can be cruel.. especially the larger businesses.
If they hired you "at will" (which they would've had you sign a agreement stating such) then they can let you go at any point in time for any reason they feel necessary. Many "call center" and "customer service" jobs... this is very much the case. You are hired "at will".
This gets them sorta around the ADA because they never have to state it's due to your illness. Plus, many companies (and I've had it done to me and others I know)... can't fire you while you are on FMLA and out... but, once you return and are released from the doc..... they'll find anything and I MEAN anything to let you go.
I hate that they did this and it doesn't seem fair and no, it's not right but... it's business and business is never fair or right to the employees. Looking at SSDI/SSI is not a bad thing but could take a while to receive approval.
Have you thought to check out any Attorneys that handle SSDI/SSI? Quite often, if you find a good firm.. they can make the process go much faster than if you do it alone on your own. Some of them don't charge a fee unless you receive benefits.