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shermur
July 20th, 2017, 11:01 PM
Well, the company my husband has worked for 13 years, seems to enjoy playing with our family life for the past three years; promoting my husband into management, moving us to Fort Smith, AR from Lee's Summit, MO. Short selling our home and losing money. Getting scammed on the first rental in Fort Smith, moved again within a year.

After 2.5 years in Fort Smith, the facility the company opened was closed and my husband's job sparred with a transfer to Springfield, MO back in December 2016.

Guess what happened today? My husband was fired due to poor performance? His cancer treatments are only halfway done and we will be losing the insurance he has provided for our family for 13 years.
I don't know what we're going to do now; I am still looking for a full time job after 6 months of being here.....I am now in disbelief that a company could be so cruel and non-compassionate.

Prayers please......:icon_sniff::icon_sniff::icon_shake::i con_angry::icon_crazy::icon_beuj::icon_stunned:

shirleyknot
July 20th, 2017, 11:04 PM
Never ask that question because the answer is too often yes. I'm sorry for your problems.

tamsterg7
July 20th, 2017, 11:17 PM
I am so sorry that you have gone thru so many changes, and that your family is dealing with health problems. Keeping you in prayers for healing and hoping you both fond the perfect jobs soon.

Judy, USMC
July 20th, 2017, 11:17 PM
Sherri - OMG ! I have no words that can sooth the distress you are going through. Praying that you can find some answers.

grammaterry
July 20th, 2017, 11:32 PM
I am devastated that they can do this. I'm thinking if they said poor performance and the health issue is the cause, might you have some recourse? Perhaps you should talk with a disability lawyer to see if you have any recourse or options

seaturtle
July 20th, 2017, 11:36 PM
Sherri, so sorry to hear of all the problems you are going through. Prayers for you and your family.

Mimi_Howard
July 21st, 2017, 12:35 AM
Seeking out legal guidance is a great idea.

stationarymom
July 21st, 2017, 12:44 AM
I'm so sorry to hear of the troubles your facing,I am sending prayers your way.I also think you should look into wrongful firing ,if your husband was fired because of his illness.

pcbatiks
July 21st, 2017, 12:55 AM
I feel speechless but I agree with the others. I would consider checking into the firing with his health issues.

So very sorry you & DH are dealing with more worries and concerns. Prayers and hugs heading your way.

JCY
July 21st, 2017, 01:00 AM
Prayers for your courage to face yet another set-back. By all means seek some legal help. God bless you.

Monique
July 21st, 2017, 03:00 AM
That's just shameful on their part. I add my prayers for you.

Star lover
July 21st, 2017, 04:03 AM
Wow, so much for you all to be going through....I'll be praying for you both. Wisdom, to do what you need to and strength, comfort. May the Lord guide you and help you through this too.

kaydee
July 21st, 2017, 04:52 AM
If I were you, I would set up a consultation with a law firm with a strong practice in EMPLOYMENT law. I expect they would charge you little or nothing for that consultation. At least you will know what your rights are under the law and whether you might have any claims based on age or disability discrimination, or anything else.

(I don't think you want a Disability lawyer -- b/c those lawyers concentrate on fighting the government's denial of Social Security Disability. You want an Employment lawyer b/c they concentrate on discrimination, breach of contract, etc in the workplace.)

Bubby
July 21st, 2017, 05:01 AM
Sherri, This is such bad news. My heart is aching for you and your family. I agree that you should speak with an attorney that specializes in workplace issues. You know you already have my prayers that you will find favor with the Lord and that all your needs will be supplied as you walk through this valley. You should also take a look at the Missouri Labor Board. What about FMLA protection? Did he apply for it? ((HUGS)))

Carol336
July 21st, 2017, 06:30 AM
How terrible. My first thought too was for you to get some legal advice in the matter. Seems like you would have some sort of recourse.

Iris Girl
July 21st, 2017, 06:49 AM
So sorry to hear of this latest development. Companies just don't care about employees like they used to.
it's a shame. I would definitely seek legal consul.

Ginny B
July 21st, 2017, 08:08 AM
Oh no! So sorry to hear this. I agree with what others have said about seeking legal counsel. Prayers for you and your family at this stressful time.

Midge
July 21st, 2017, 08:26 AM
What a horrible company! You should be eligible for COBRA benefits to continue your health insurance after the end of July though. They have to provide you with that paperwork if they haven't already. I agree with others who advise you to seek a consultation from a qualified employment law attorney. You definitely need expert help.

DeniseSm
July 21st, 2017, 08:42 AM
I'm so sorry. I worked at at company that also fired a co-worker for poor performance who sat right next to me when she got cancer. It just isn't right that health insurance comes from your employer instead of belonging to the insured individual.

You can compare the price for health insurance through COBRA or through healthcare.gov (which is the Affordable Care Act also known as Obamacare.)

God be with you all.

Lyndaj
July 21st, 2017, 08:47 AM
Sending my positive thoughts your way.

Unfortunately, companies can do, and often do, what they want, without a care for their employees.

asta
July 21st, 2017, 08:52 AM
My thoughts and prayers are with your family as you struggle through this troubling time.

Suzette
July 21st, 2017, 09:02 AM
Laws differ from state to state, but I would definitely ask an attorney if you might have a case against the company. They are probably hoping that with all the issues you are facing you won't do this, but depending on the laws of your state, you might well be able to prove that they fired him illegally and get your insurance back. Prayers all around for your hubby, for you and for this awful situation.

songbird857
July 21st, 2017, 09:05 AM
ugh Sherri - praying for wisdom for you in dealing with all of this :(

grammaterry
July 21st, 2017, 10:13 AM
I'm glad other forum members knew what kind of attorney you need. I think this will be your job to get this info and it will help your DH to know how everyone is on his side. Keep a positive attitude and put your lives in God's hands. he'll help you find the way

MissMay
July 21st, 2017, 10:15 AM
Oh S--T, Enough already, get some legal info ASAP and get some $'s rolling your way.

MRoy
July 21st, 2017, 10:36 AM
So sorry to hear this...I agree that you need legal counsel. I pray that your situation gets better soon.

Angelia
July 21st, 2017, 10:50 AM
I'm so sorry to hear this--others have given you some good advice. You are in my thoughts.

liz72703
July 21st, 2017, 11:05 AM
Sherri, I am so sorry to hear this! That is absolutely heartless they could do something like that. I don't know how some people can even look at themselves in the mirror.

You and your family will be in my prayers! {{HUGS}}

Cathy F
July 21st, 2017, 11:12 AM
Sherri, that is so sad, I will keep you in thought and prayer. I would get a legal consultation as recommended and see if you have any recourse. Just shameful what employers do to loyal employees.

Granny Fran
July 21st, 2017, 11:46 AM
Keeping you in my prayers.

JaniceR
July 21st, 2017, 12:05 PM
Sherri, I am so very sorry to hear this awful news. I know you and your husband must feel so overwhelmed right now!! As if dealing with cancer isn't hard enough, now this!! Companies can be so heartless. Unbelievably so!!

As someone said, you have been given some really good advice from others here. I will keep your family in my prayers!

Julie A
July 21st, 2017, 04:20 PM
Prayers for you both. Strongly suggest getting some legal advice soon. We have several federal laws that protect us - the American with Disability Act comes to mind because it offers a lot of protection for those who are seriously ill and the middle of cancer treatment is serious. Also going to the EEOC might be worthwhile - discrimination on basis of healthcare costs and illness etc isn't legal (even if it is disguised as 'poor performance') so there may be something there to help you.

Anyway, praying for you.

Cokie
July 21st, 2017, 06:34 PM
I am so sorry this happened to your family! I too would suggest seeking legal advice. Depending on the size of the company, your husband may have been eligible for FMLA coverage, although it has to be requested and meet certain guidelines. If the company was very small, they may not have to offer this. If he was dismissed for poor performance, they should have documentation of exactly what he did/did not do that constitutes poor performance. My husband went through a similar situation a few years ago, and we found an attorney who was willing to work with us on a contingency basis, meaning that if the case was settled or we "won" the case, he received a percentage. If we "lost," we owed him nothing. Wishing you the best of luck in finding a good solution.

kaydee
July 21st, 2017, 07:55 PM
Sherri, just to clarify my previous post. I'm suggesting you get a consultation from a lawyer that SPECIALIZES in Employment Law. That mean either a small firm whose primary practice is Employment Law, or a large firm with a group of attorneys that specialize in Employment law. I would not suggest you merely talk to a general practice small law firm which assures you that "yeah, they can handle employment law." You need expertise to go up against any defense the employer might mount (and they will most assuredly have tough attorneys on retainer).

And yes, if you have a viable case, pretty much any decent attorney will take your case on a contingency basis, which means they get paid only if they win money for you.

Also, if your husband is so ill that he can't work up to employers' expectations, then I would think he would be eligible for social security disability. (The fact that he got fired for inadequate performance is evidence right there that he is disabled). Any good Employment lawyer would know more about that, or would refer you to someone who does know.

Good luck, Sherri. This has to be terribly upsetting, and my heart goes out to you.

shermur
July 22nd, 2017, 10:19 AM
Thank you to everyone who responded; and thank you for the well wishes and prayers.

I told everyone's thought about the right lawyer to get a FREE consultation, but he feels unless he has someone on the "inside" of the company corporate office to show proof he was unjustly fired, he thinks to would be hopeless.

Right now, we will call all of our creditors and possibly work something out. Hubby will go and file for unemployment for the first time ever. DH is in a phase of life he has never been in; he now regrets accepting the management position that caused our family all of this grief and he feels massively responsible. It is hard to keep positive for him and myself.....

We have gotten several numbers and the encology department where is gets his treatments is advising DH as well on where to turn to get his treatments completed.
In the end, we'll probably have to file for bankruptcy if the creditors won't work with us....it's still too early to tell. Our daughter asked if she needed to sell her long hair to help out....sweet kid. We told her "NO" she didn't have to sell her hair.

All I know is, with support and getting on the right path and God's help, we will overcome somehow......

Ginny B
July 22nd, 2017, 11:55 AM
Sherri, there probably wouldn't be anyone on the "inside" that would be willing to speak up and support your husband's side if the company is the type to do what they did. They would probably be afraid of retaliation...... which is a whole other thing and also illegal.
I really think it would be worthwhile to try and find a lawyer to at least look at the circumstances. There is a process for terminating someone and your husband should have all the paperwork that was necessary to come to that point (so many written warnings, consulations, etc.) If there is nothing on paper, then with his health issues right now, I'd say there could be a case against them for discrimination because of what it was costing them insurance-wise. I know how emotionally draining this is and depression sets in and you don't have the energy to put the effort in. Many years ago we were in a similar situation with my ex-husband. We fought and won. Not that he got his job back.... at that point why would we want to be associated with the company anymore but the company was fined and they had to pay us a good sum of money. We didn't think we would win but we did. Try to encourage your husband to just try to talk to someone. Maybe start with the Labor board.

Midge
July 22nd, 2017, 12:44 PM
I told everyone's thought about the right lawyer to get a FREE consultation, but he feels unless he has someone on the "inside" of the company corporate office to show proof he was unjustly fired, he thinks to would be hopeless

All I know is, with support and getting on the right path and God's help, we will overcome somehow......

I know this is an incredibly painful time for your husband, but I have to suggest he is not thinking clearly about hiring a qualified employment lawyer. He is deciding that HE is the legal expert and his case is baseless. Based on a frankly wrong idea of how an expert attorney actually works. But employment law in each state is different, so what is the harm in finding out what a lawyer thinks? When you are this close to bankruptcy what do you have to lose? Have you received COBRA benefit paperwork to learn what continuing your current insurance would cost? If he is close to the end of a round of treatment that might be your smartest option. Glad to hear your current providers are working with you on continuity of care.

mischiefkat
July 22nd, 2017, 01:10 PM
As far as COBRA is concerned,check with whomever is providing his cancer treatments, they may be willing to pay for the COBRA. This insures that they get paid for his treatments. My BFF had lung cancer, Moffit Cancer Center paid her COBRA for the 18 months, the company she worked for was required to provide the COBRA for. I think there might be Federal laws concerning COBRA, that companies are required to follow. I know the thought of what has happened to you is very overwhelming right now, but there are things to check out. Many posters have suggested that you consult with a good lawyer. Good advice. You don't know what your rights are until you ask. My prayers for you . Kathy

Cool Breeze Quilter
July 22nd, 2017, 04:30 PM
What a *(##!$ Company! I am going to read the rest of the comments here but haven't read them yet. My heart goes out to you and your husband.

When my husband was in his early 50's the company he worked for sold to another company. The original company had been very good to their employees. The 2nd company ... not so much. All of the men in their 50's were let go at the same time shortly after the new company took over, including my husband.

One of the men who was let go was ill and I don't remember the details. But like your husband he was let go too. He sued the company and he won. I'm not saying you should or shouldn't do this, I'm just letting you know what happened.

I will keep you and your husband in my prayers.

jjkaiser
July 22nd, 2017, 04:40 PM
Oh this is so awful!! Companies only care about their stupid bottom line nowadays and treat workers like disposable commodities, it is so unfair to hard workers like your husband. You have nothing to lose by trying to fight this through an attorney so I hope your dh will reconsider that. He is the victim here. What a stressful situation. My heart goes out to you both. My dh is a criminal lawyer and he said yes by all means go see an employment lawyer. This is the type of issue they have experience with and can probably give you an idea at your first meeting what your chances are at fighting this successfully. Good luck.

Georgie Girl
July 22nd, 2017, 06:47 PM
Thank you to everyone who responded; and thank you for the well wishes and prayers.

I told everyone's thought about the right lawyer to get a FREE consultation, but he feels unless he has someone on the "inside" of the company corporate office to show proof he was unjustly fired, he thinks to would be hopeless.

Right now, we will call all of our creditors and possibly work something out. Hubby will go and file for unemployment for the first time ever. DH is in a phase of life he has never been in; he now regrets accepting the management position that caused our family all of this grief and he feels massively responsible. It is hard to keep positive for him and myself.....

We have gotten several numbers and the encology department where is gets his treatments is advising DH as well on where to turn to get his treatments completed.
In the end, we'll probably have to file for bankruptcy if the creditors won't work with us....it's still too early to tell. Our daughter asked if she needed to sell her long hair to help out....sweet kid. We told her "NO" she didn't have to sell her hair.

All I know is, with support and getting on the right path and God's help, we will overcome somehow......

Been catching up on posts to you and this one of yours broke my heart of your daughter selling her hair. There is nothing wrong with asking for advise. Most law firms give the first consultation free. And you don't have to accept the first opinion. Seek another attorney's opinion. Like any profession there are good ones and lazy ones. I know, I was a legal assistant. At least you know you tried. I know this is a dark time for you but hang in there. Back in the late 70's my husband was told he would be laid off for 2 and half weeks...it was for 2 and half years and I was pregnant with our 3rd child. We sacrificed a lot but we kept our home and he went back to work just after our Beth Ann was born. I realize your situation is worse because of your husband's cancer but don't give up hope. God will lift you up when you least expect it. There are a lot pf prayers out there for your family. On another note, at the law firm we worked with creditors to reduce the debt. They are better off taking a cut then you filing bankruptcy. You can always try yourself working with the creditors or if you do find an employment attorney they may have someone within their firm to help you. My prayers are with you.

mommadeb
July 22nd, 2017, 11:11 PM
I agree and I pray for you get through this.


I am devastated that they can do this. I'm thinking if they said poor performance and the health issue is the cause, might you have some recourse? Perhaps you should talk with a disability lawyer to see if you have any recourse or options

shermur
July 23rd, 2017, 06:46 AM
What a *(##!$ Company! I am going to read the rest of the comments here but haven't read them yet. My heart goes out to you and your husband.

When my husband was in his early 50's the company he worked for sold to another company. The original company had been very good to their employees. The 2nd company ... not so much. All of the men in their 50's were let go at the same time shortly after the new company took over, including my husband.

One of the men who was let go was ill and I don't remember the details. But like your husband he was let go too. He sued the company and he won. I'm not saying you should or shouldn't do this, I'm just letting you know what happened.

I will keep you and your husband in my prayers.

Cool Breeze......I am so sorry to hear what happened to your DH. Until we find out what course of action to take...I have to hold myself back and NOT write a letter to the owner of my husband's former company. A man we trusted and we have sacrificed so much for the former company all these years, especially in the last 3. My husband threw out every hat and shirt that had the company logo on them yesterday; he wants NO reminders in our home.

It is so hard to to be positive; I am so tired of the rejection on all the interviews I have had in the past 6 months moving to Springfield, MO. Just last Friday, I had a temporary job agent tell me my resume is intimidating? Just because it has 25 years of accounting clerical experience on it and I have worked for different levels of businesses?

Anymore, it seems it is easier for "those in charge" to assume your qualifications and not have the ability to correctly assess a resume. Not to mention, the ability to be honest and ask questions; nor do these specific individuals take the time to call references.

Andrea F
July 23rd, 2017, 07:59 AM
I'm so sorry you are going through so much trouble. That sounds so unfair and not legally rightful to me, I hope you can do something.

Julie A
July 23rd, 2017, 11:41 AM
I understand the frustration. But I still think a sit-down with a good employment attorney is worth the time... As for records, that is what subpoenas are for. And it is amazing what witnesses share and depositions reveal. And if a company has creatively edited their personnel and mgmt records, a good employment attorney will dig that out. Missouri has had some recent employment cases that shocked employers that they are accountable for gaming with people in violation of discrimination laws. Even if you decide not to pursue, it is probably worth the discussion, especially since health insurance is so important here.

This sounds exactly like one of the reasons the ADA was passed - companies were manipulating jobs to fire people who were sick or raising their health care costs. Once you and your husband talk with an attorney, you can make the Decision as to whether it is worth pursuing at this time, and you will also get info on how long you have before you are barred from it.

With fighting cancer, it probably seems too much to mount a legal fight too. But just knowing what is possible and in what time frame could be very worthwhile even if just from health insurance standpoint. Please just think about it. Either way, prayers and good thoughts are with you.

shirleyknot
July 23rd, 2017, 05:29 PM
I'd sure like to know what company I should be boycotting for this behavior. I'm kinda picky who I do business with.

Vonnie
July 23rd, 2017, 05:36 PM
I'd sure like to know what company I should be boycotting for this behavior. I'm kinda picky who I do business with.

I second that!

mamo69
July 23rd, 2017, 07:12 PM
Sorry for the issues your family is going through. Health ins --- even though expensive, check into COBRA. Would be same ins but at a higher price

shermur
July 23rd, 2017, 07:15 PM
Shirley and Vonnie - the former company sells, rents and repairs heavy construction equipment; they mainly service to construction, scrap metal and some manufacturing companies.

WE did find an inside source today and got more information about others who were canned as well......this source is in total disbelief, and we believe there is a trust......

shirleyknot
July 23rd, 2017, 07:59 PM
I have at least 3 friends who might use those services.

K. McEuen
July 23rd, 2017, 08:01 PM
Shirley and Vonnie - the former company sells, rents and repairs heavy construction equipment; they mainly service to construction, scrap metal and some manufacturing companies.

WE did find an inside source today and got more information about others who were canned as well......this source is in total disbelief, and we believe there is a trust......

Sherri, this sucks that all of this is happening to you, on top of everything else that is going on. I applaud you for not naming the company, especially if there may be litigation involved. Need to remember this is not a private forum, anyone can read what is posted and things could be used against you.

kgirlmom
July 23rd, 2017, 08:14 PM
You are getting a lot of support here and that's great. It breaks my heart to hear ya'll are going through all this. I worked in for attorneys in the labor and employment law field for over 30 years. The EEOC has jurisdiction over ADA discrimination claims (and sometimes a parallel state civil rights commission). If your husband cannot get this resolved internally, he should seek help from a BOARD CERTIFIED labor and employment attorney before doing anything. They will gather all the facts from your husband (good, bad and ugly), and assist him in completing the EEOC intake questionnaire. This is very important. If he decides to go forward with filing a charge of discrimination with the EEOC, he will be interviewed by a federal investigator based on the information in the questionnaire. Most board certified attorneys will take a case on a contingency fee basis and if your husband is not successful in the end, you owe nothing to the attorney. Some attorneys do it a bit differently. Stay away from attorneys that do car wrecks and other ambulance chasing type stuff. Keeping you and your family in prayer.

Georgie Girl
July 23rd, 2017, 10:24 PM
Sherri, this sucks that all of this is happening to you, on top of everything else that is going on. I applaud you for not naming the company, especially if there may be litigation involved. Need to remember this is not a private forum, anyone can read what is posted and things could be used against you.

No kidding on the not private forum. I just discovered that today as I was google hummingbirds. There in the list on google was the forum question regarding the name of the hummingbird fabric and it directly to this site. Freaked me out.

Cool Breeze Quilter
July 24th, 2017, 11:11 AM
Cool Breeze......I am so sorry to hear what happened to your DH. Until we find out what course of action to take...I have to hold myself back and NOT write a letter to the owner of my husband's former company. A man we trusted and we have sacrificed so much for the former company all these years, especially in the last 3. My husband threw out every hat and shirt that had the company logo on them yesterday; he wants NO reminders in our home.

It is so hard to to be positive; I am so tired of the rejection on all the interviews I have had in the past 6 months moving to Springfield, MO. Just last Friday, I had a temporary job agent tell me my resume is intimidating? Just because it has 25 years of accounting clerical experience on it and I have worked for different levels of businesses?

Anymore, it seems it is easier for "those in charge" to assume your qualifications and not have the ability to correctly assess a resume. Not to mention, the ability to be honest and ask questions; nor do these specific individuals take the time to call references.

Oh do I understand the rejection. I just landed a part time job working one day a week. It took forever to find this job. Today I'm meeting with someone who has already hired someone else but they want my resume on file. They might want me to fill in for someone on vacation in August.

When my husband was looking for work (he was in management) he had to tone down his resume. They probably thought he'd be bored by anything else and I don't think managers wanted him working under them with his experience. Maybe they feared he wanted their job? It was very difficult.

When that terrible company let all the guys in their 50's go of course it was a big savings for them. My husband had worked very hard through the years for the original company and made/saved a lot of money for them. They appreciated all of their employees and valued the old timers, their work ethic and their experience. The new company replaced the employees they let go with younger employees and paid these people a pittance for what their responsibilities were. But that is how it is when there are more people looking for work than jobs available.

I've always thought that it would be nice to be able to interview people that work for the company an applicant is interested in. When I got my PT job my now boss let me talk to 3 different people in the office about the work, the work culture and anything I wanted to ask them. How's that for different and for being open? So I heard about the good and the bad up front. Wow!

Remember both you and your husband are in my prayers. (Hugs)

Cool Breeze Quilter
July 24th, 2017, 11:14 AM
I second that!

I third that.

But I understand that it wouldn't be a wise move right now.

AlohaSandy
July 25th, 2017, 03:19 AM
Well, the company my husband has worked for 13 years, seems to enjoy playing with our family life for the past three years; promoting my husband into management, moving us to Fort Smith, AR from Lee's Summit, MO. Short selling our home and losing money. Getting scammed on the first rental in Fort Smith, moved again within a year.

After 2.5 years in Fort Smith, the facility the company opened was closed and my husband's job sparred with a transfer to Springfield, MO back in December 2016.

Guess what happened today? My husband was fired due to poor performance? His cancer treatments are only halfway done and we will be losing the insurance he has provided for our family for 13 years.
I don't know what we're going to do now; I am still looking for a full time job after 6 months of being here.....I am now in disbelief that a company could be so cruel and non-compassionate.

Prayers please......:icon_sniff::icon_sniff::icon_shake::i con_angry::icon_crazy::icon_beuj::icon_stunned:

Sending prayer your way sorry for these problems they have no heart. Do they know he's in the middle of treatment and they can't fire him if he's under doctor care can they.