hi is there anyone out there who has had major problems with their employers due to sickness leave with due to their TN
It's a common story, Estelle. If you would care to expand with a few details, perhaps someone on the board can offer suggestions short of a lawsuit.
Regards, Red
Hi Richard
I have been off work since 4/7/11 with bilatarial TN,my gp and neurologist increased my meds to 400mg of lyrica x 3 daily and 300mg of carbamazapine x 4 daily,so as you can imagine I spend most of my life floating.I work for general motors and they started to call me in twice monthly for meetings with managers and the works doctor.At these appointments my meds were at their peak so I was like a zombie.The works doctor was satisfied that my condition was serious enough for me to be off work and that my meds were making me tired,dizzy,forgetful etc.Anyway I was called in for yet another meeting 2 weeks ago and was shown various videos where they had sent a private investigator to capture me going to the shop,at various times over a 2 month period but every time I was accompanied either by my daughter or my mother.They then went on to tell me that they are looking to sack me for gross misconduct.I explained to them that my meds have peaks and lows and that each time I was accompanied but they were not accepting this.The films have now gone to the company Doctor to see who of us he agrees with and I am just siiting waiting for an outcome.
See your prescribing doctor and have him write a letter for you, confirming the cyclical nature of medication side effects. However, be advised that if you have been off work this long and have no prospect for returning to work, then your employer may have quite a reasonable basis for terminating your employment status -- so long as the company also honors all provisions of any disability insurance you have through them. Termination for misconduct won't fly under the Americans with Disabilities Act, and may expose them to a lawsuit. Sending a PI to track you was already a gross violation of your right to privacy. I'd advise you to see a labor lawyer. The first 45 minute consultation is normally free. If you are covered by a collective bargaining agreement, file formal grievance with your union as well.
Regards
I live in th UK so I am not sure how the law works here but I went to my gp yesterday to get a return to work certificate, which he filled in but stated how I would be limited due to the effects of my meds.I have just had a called from my union rep to tell me they are going to suspend me on full pay on Monday when I return as they only gave the films to the dr today!