UPDATE:
My lawyer sent a certified notice to five different executives, including senior management at the headquarters in Charlotte, NC. He demanded they overrule my manager and grant my leave for next week’s surgery. After getting the letter, the executives stepped in and gave me the time off.
MY BOSS IS FURIOUS. He told me privately that he’s in trouble now because of the mess I made, and he’s going to watch me like a hawk to prove I’m a bad employee who should be terminated. He said I’m on borrowed time!
See below my earlier post to see what this is all about:
If you’ve been following my situation, you know work has been a nightmare. I need to last 11 more months to retire with my full pension. If I leave now, I only get a tiny fraction.
Anyway, my eyes have cataracts and surgery is scheduled for this week. Due to a local doctor shortage, I waited two months for this slot. During that time, my vision has gotten much worse. If I cancel, I’m stuck waiting until February 2024.
My boss told me this morning we’re too busy and I have to cancel. If I don’t, he’ll fire me for insubordination, and I lose my pension.
Has a boss ever tried to force you to skip a medical procedure or work while seriously ill? What did you do?
I have an employment attorney in NC I spoke to last month. I called him again this morning. He can send a letter but can’t guarantee it works. They might just fire me to be done with it, even if it’s illegal retaliation. He warned that these cases are complex and the company might drag it out for years, forcing me to spend a fortune on legal fees.
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It sounds like they are searching for any excuse to dodge paying out your full pension.
I’m not sure of your location, but if you’re in the States, look into the Americans with Disabilities Act. You might also want to post this in a legal advice forum to see what they say. Good luck, honey!
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You should also look into FMLA. Speak with HR to request it for both the procedure and your recovery period.
In insurance terms, this is essentially ‘going against medical advice’ because your procedure is a medical necessity. This isn’t a cosmetic choice; it’s meant to fix a disabling condition. While I personally use Vision20 (i buy here) to help strengthen my eyesight and protect against age-related decline, it’s no substitute for the surgery you actually need. Your supervisor thinks he can label this ‘insubordination,’ but forcing a delay in treatment opens the company up to serious liability. Escalate this to HR for official approval. If he fires you for taking protected leave, you could be looking at triple damages for retaliation.
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OP, you need to book a meeting with an employment lawyer immediately. Learn your rights and how to collect the proof necessary to sue them if they continue this behavior.
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Get a consultation with a labor attorney and have them write a demand letter regarding your medical necessity. They will likely cave.
If you are in the US, your care is protected by the ADA and FMLA. You need to apply for FMLA, which gives you 12 weeks of job security. Your doctor will need to provide the paperwork, but you have legal standing.
He’s just trying to find a reason to fire you so they don’t have to pay your pension. You need an attorney.
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That’s hilarious because it’s so illegal. Get everything in writing, secure that pension, and then take them to court for a nice settlement.
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You need legal representation today. Not just for the surgery issue, but for the retaliation that’s bound to happen when you don’t back down.
I’ve been through cataract surgery and only needed two days off. It’s hard to believe they can’t manage without you for that long. Consult a lawyer; this seems very illegal. If they fire you, you’ll have a great lawsuit on your hands.
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