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an open letter to the ho's. (long)

 
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birdymaker
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an open letter to the ho's. (long)
« on: May 13, 2008, 10:50:48 AM »

i have found myself becoming increasingly agitated, testy, obnoxious, and depressed lately and with good reason.
on October 2nd 2007, i had a good job  making 75k+ with excellent benefits, a nice bike to let my hair
down and use for my relaxation a healthy outlook for me and my family.

on October 3rd 2007 my world ended as i know it. i was out winding down releasing the tension from
a tough day at work, enjoying the pleasant fall weather when out of the blue i was hit by a careless driver.
when all was said and done i was just happy to be alive, i find that no longer to be the case.
on February 1 2008 my doctor cleared me to go back to work, three weeks after my last surgery. i was neither
prepared nor capable of returning to my job in my estimation, but hey, he's the professional.

i took my release to the HR department that day which was Wednesday and told to report  to work the following
Monday much to my surprise, being that i had previously received a letter informing me that they would not be holding
my position once my FMLA leave ran out in December. on that Friday i received a call not to report to work on Monday
due to the fact that i had in fact been replaced while being off on leave, and there was no longer a position for me.
at that time i was informed that i would be contacted the following week to facilitate my departure.
now, this is not as bad as it might seem, due to Michigan motorcycle insurance law. because i lost my job due to
the accident, the insurance company was on the hook for my lost wages for up 3 years. so if i end up either unemployed
or under employed they have to make up the difference.

i was contacted the following Tuesday and asked to come in and sign some paperwork and pickup my things. i was presented
an exit package of paperwork which contained an exit agreement saying that i would not sue them for age discrimination or
unlawful discharge and in return they would give me a severance package which amounted to 3 months health insurance and
a couple of weeks of pay and they wouldn't contest my unemployment benefits, which they have a history of doing. i signed it,
as i had no reason not to. they were well within their rights to let me go for any reason once my fmla leave was up.

 and this is where it starts to get ugly. when the insurance company contacted my employer they informed them that i was let go due to a reduction in workforce not related to the accident or the fact that i had missed the previous 4 month's. due to the fact that i signed the exit agreement i have no recourse to contest this determination and they ran it past their lawyers first just to make sure. Angry

which brings me to the present.
i am still unemployed almost 4 months later living on $300 a week feeding a family of 4. i started
out with several tens of thousands in savings which are dwindling fast.
i not only can't find a job, i can't even get an interview. i am under educated, i have college level engineering courses, but no degree and not even close to getting one. i worked my way up from a skilled trades position. i am a journeyman status in two trades, neither of which i can get a job in.
 i am damaged goods with a gimpy leg and arm and am still facing at least 2 surgeries.
 realistically, in another 2 to 3 months i am looking at filing for bankruptcy. there is no chance of selling my house due to the fact
that there are an average of 1,000 a month being repo'd in my county and frankly it's all we have.

so in closing, even though you might think you have done everything right to protect your family, it can be snatched away in the blink of an eye. Wink

i find it best that i stay away for the time being. Smiley
       
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women are like tornados. In the beginning there's a lot of sucking and blowing. In the end, the car's gone, the house is gone..
spacey
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Re: an open letter to the ho's. (long)
« Reply #1 on: May 13, 2008, 11:12:11 AM »

I'm sure you've had your fill of "when god closes a door he opens a window" type pleasantries, so I'll spare you. They're really not my style or kind of thinking anyway. All I can say is that sucks, and I'm terribly sorry you are going through it. I won't even pretend to know what you're going through. I'll keep my fingers crossed, as I suspect most of the hos will, that things will get better for you and hope you are able to find your way back to some semblance of normalcy if not immediately, then eventually.
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Uisce Beatha
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Re: an open letter to the ho's. (long)
« Reply #2 on: May 13, 2008, 11:15:02 AM »

To quote spacey, dude.

And then to quote spacey some more, what he said right above.  I can't think of anything to add other than to confirm the UB household will be crossing fingers/saying prayers/thinking good thoughts/whatever it takes for you.
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"If you're darker than a caramel, Reverend Al speaks for you." - Aasif Mandvi
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Clive
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Re: an open letter to the ho's. (long)
« Reply #3 on: May 13, 2008, 11:15:23 AM »

Totally sucks.

Quote
i was contacted the following Tuesday and asked to come in and sign some paperwork and pickup my things. i was presented an exit package of paperwork which contained an exit agreement saying that i would not sue them for age discrimination or unlawful discharge and in return they would give me a severance package which amounted to 3 months health insurance and a couple of weeks of pay and they wouldn't contest my unemployment benefits, which they have a history of doing. i signed it, as i had no reason not to. they were well within their rights to let me go for any reason once my fmla leave was up.

and this is where it starts to get ugly. when the insurance company contacted my employer they informed them that i was let go due to a reduction in workforce not related to the accident or the fact that i had missed the previous 4 month's. due to the fact that i signed the exit agreement i have no recourse to contest this determination and they ran it past their lawyers first just to make sure.
Not sure I'm following this.  Your ex-employer told you they were letting you go because they'd replaced you after your FMLA period ran out.  (Which they can do, by law.)  Did the exit agreement explicitly state a different reason?  Do you have any record of the ex-employer's statement of termination by replacement (e.g. letter, email, phone recording)?

And re: the lawyer run-by: that doesn't mean anything.  They weren't asking the lawyer for the King Solomon answer -- they just wanted to know if they could argue with a straight face why they were denying you coverage.  The issue is not as settled as they'd have you believe.

Can you have the doctor re-assess you?  If he finds you are NOT medically fit for the trade jobs you're qualified for, your disability coverages (private and/or SocSec) may kick in.
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Aske
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Re: an open letter to the ho's. (long)
« Reply #4 on: May 13, 2008, 11:25:33 AM »

 Cry  as per spacey, i'm not going to try to placate you with some banal cliches, simply will say that I am seeing something very very similar play out with some family and I know it's not easy at all.  hopefully things will work out somehow for you
 Cheers
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Teed
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Re: an open letter to the ho's. (long)
« Reply #5 on: May 13, 2008, 11:54:23 AM »

birdymaker....wishing you the best and good luck!
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birdymaker
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Re: an open letter to the ho's. (long)
« Reply #6 on: May 13, 2008, 12:29:26 PM »



Not sure I'm following this.  Your ex-employer told you they were letting you go because they'd replaced you after your FMLA period ran out.  (Which they can do, by law.)  Did the exit agreement explicitly state a different reason?  Do you have any record of the ex-employer's statement of termination by replacement (e.g. letter, email, phone recording)?
the termination statement said due to a lack of work, as in 1 position and someone currently doing it. there was 2 people doing my job previously. then i was the only one. they hired another guy while i was off.

i have a letter from hr saying they are replacing me in December. everything else was verbal. although i did find out today that my position was on monster.com at the same time they were telling the insurance company that i was let go due to a lack of work. Roll Eyes and i have proof of this. i am currently waiting for my useless lawyer to call. no offense intended. Smiley

And re: the lawyer run-by: that doesn't mean anything.  They weren't asking the lawyer for the King Solomon answer -- they just wanted to know if they could argue with a straight face why they were denying you coverage.  The issue is not as settled as they'd have you believe.

Can you have the doctor re-assess you?  If he finds you are NOT medically fit for the trade jobs you're qualified for, your disability coverages (private and/or SocSec) may kick in.
the main problem is this is not my nor my employers insurance company, it is the other drivers. so once the hr department said "lack of work", as far as the insurance company is concerned it was case closed. and once the doctor said return to work, it was case closed there also. Sad
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women are like tornados. In the beginning there's a lot of sucking and blowing. In the end, the car's gone, the house is gone..
birdymaker
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Re: an open letter to the ho's. (long)
« Reply #7 on: May 13, 2008, 12:29:57 PM »

guys, thanks for the kind words.  Smiley
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women are like tornados. In the beginning there's a lot of sucking and blowing. In the end, the car's gone, the house is gone..
Walfredo
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Re: an open letter to the ho's. (long)
« Reply #8 on: May 13, 2008, 12:31:27 PM »

Sorry to hear.  Best wishes.
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Fuzzy
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Re: an open letter to the ho's. (long)
« Reply #9 on: May 13, 2008, 12:35:00 PM »

Birdy -

I echo the sentiments above. Truly, best wishes for you and your family.
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stegerman
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Re: an open letter to the ho's. (long)
« Reply #10 on: May 13, 2008, 02:29:14 PM »

Can't add more to what everyone has said..but I tend to think Clive is on to something.

At least you couuld take some of your frustration out on being a giant pain in their ass for a while. Use what I am sure is some "free" legal direction from the legal ho's here and see what happens. Probably have nothing to lose.

In any case, sorry to hear about your struggle.
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twoiron
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Re: an open letter to the ho's. (long)
« Reply #11 on: May 13, 2008, 02:36:09 PM »

All the best, mate

 Cheesy
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Spanky
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Re: an open letter to the ho's. (long)
« Reply #12 on: May 13, 2008, 04:01:04 PM »

I 4th what everyone said. Good luck and don't stay away long.
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dystopia
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Re: an open letter to the ho's. (long)
« Reply #13 on: May 13, 2008, 07:50:58 PM »

 Sad
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stroh
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Re: an open letter to the ho's. (long)
« Reply #14 on: May 14, 2008, 05:12:46 AM »

Hang in there bud.
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