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Author Topic: Newly diagnosed less than 2 weeks and placed on leave by employer  (Read 6153 times)

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Offline vertigo

  • Member
  • Posts: 138
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #50 on: December 20, 2013, 04:06:37 PM »
I'm a little late to this discussion, but what you need to find -- if you haven't already -- is a good attorney who specializes solely in employment law.  Any big metro area should have one or more law firms who do this as their bread & butter.  You have very strong protections under the ADA.  Your legal position is actually a lot stronger than that of your employer, IMO.

Unfortunately good legal representation isn't cheap.  I recently talked to a lawyer about a similar workplace disclosure scenario, and it set me back $175 for 30 minutes.  But there are LGBT law groups that put on pro-bono clinics from time to time.  Your local ASO should be able to steer you in the right direction.  (Also, if you do wind up getting fired or forced out, you will have a claim for damages.  A law firm might be willing to take that case on a contingency fee basis.)

Considering everything that you've had to cope with in a short period of time, I would say that you're doing great.  Keep your chin up, and good luck.

« Last Edit: December 20, 2013, 04:13:33 PM by vertigo »

Offline exarmyguy77

  • Member
  • Posts: 20
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #51 on: January 02, 2014, 03:49:58 AM »
Hello everyone, no changes so far.  Lots of difficulty finding a lawyer in the midwest that is knowledgeable on this stuff and I've found that most in this area are just as uneducated as my employer.  I've been treated badly by some and others have said "I'll check into it" only to never return calls.  It's been very frustrating.  I have found Lambda Legal, they have not agreed to take the case but are looking at it.  They are a non profit organization that does LGBT and HIV issues.  They typically only take cases that will be a big impact/benefit on the community.  I believe they are interested but is being brought to the board for them to vote on.  I pray they accept it, if not I don't know what else I will do.   

Offline mecch

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  • Posts: 11,254
  • red pill? or blue pill?
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #52 on: January 02, 2014, 08:49:50 AM »
I am disappointed to hear that lawyers aren't interested.  I would have liked to believe that a lawyer who does labor law would hear the situation, and if he/she isn't aware of the setting or the ADA protections, would be able to review that stuff, and come up with a case for you. 
Can you pay for a lawyer? How much does this cost out of pocket?
« Last Edit: January 02, 2014, 08:53:09 AM by mecch »
“From each, according to his ability; to each, according to his need” 1875 K Marx

Offline pittman

  • Member
  • Posts: 192
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #53 on: January 02, 2014, 08:54:51 AM »
They typically only take cases that will be a big impact/benefit on the community.  I believe they are interested but is being brought to the board for them to vote on.  I pray they accept it, if not I don't know what else I will do.

If they say they can't take this on, perhaps you can ask them for a referral or list of knowledgeable attorneys. explain that you are struggling finding any on your own. 

Offline watl

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  • Posts: 27
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #54 on: January 03, 2014, 05:01:38 PM »
Your state bar might also be able to point you in the right direction.

Offline Theyer

  • Member
  • Posts: 2,490
  • Current ambition. Walk the Dog .
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #55 on: January 04, 2014, 03:15:03 PM »
Hello everyone, no changes so far.  Lots of difficulty finding a lawyer in the midwest that is knowledgeable on this stuff and I've found that most in this area are just as uneducated as my employer.  I've been treated badly by some and others have said "I'll check into it" only to never return calls.  It's been very frustrating.  I have found Lambda Legal, they have not agreed to take the case but are looking at it.  They are a non profit organization that does LGBT and HIV issues.  They typically only take cases that will be a big impact/benefit on the community.  I believe they are interested but is being brought to the board for them to vote on.  I pray they accept it, if not I don't know what else I will do.

I would imagine you will continue to handle this fuck awful situation in the calm, sane under pressure manner that you have displayed since posting. Others have congratulated you on the manner in which you are dealing with this shit , I add myself to that list whatever happens you will find gainfall employment and whoever offers that to you will have won the lotto that week.

When this has resolved itself as it will I imagine that your knowledge in HIV and USA employment issues will be a great help to the HIV community. So STAY WELL in this crazy cruel mess and remember there is support here for all things.

I have no doubt that someone or many someones have already gained strength from how you are dealing with this, I certainly have .

All the best Xag
Michael
"If we can find the money to kill people, we can find the money to help people ."  Tony Benn

Offline exarmyguy77

  • Member
  • Posts: 20
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #56 on: February 03, 2014, 11:48:02 AM »
Hello All,
     Its been a little while.  Still no big news, this is a LONG process.  I have a legal firm looking into it but as you can imagine there are a lot of gray areas, etc and the research takes a lot of time.  So for the time being I'm working is dispatch and just living life.  On a side note I'm undectable now, switched to stribild Thursday, the first few days were rough but today has been a good day so far! 

Offline pittman

  • Member
  • Posts: 192
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #57 on: February 04, 2014, 12:23:39 AM »
I hoped that the fear of legal action would motivate them, as I really think that they are in violation based on what you recounted.  At least you have someone helping confirm this and who can advise you of your options.

Great news on getting to undetectable! Hopefully things are calming down for you more now.


Offline Theyer

  • Member
  • Posts: 2,490
  • Current ambition. Walk the Dog .
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #58 on: March 04, 2014, 05:11:46 PM »
Any news ?
"If we can find the money to kill people, we can find the money to help people ."  Tony Benn

Offline kevinazus

  • Member
  • Posts: 23
Re: Newly diagnosed less than 2 weeks and placed on leave by employer
« Reply #59 on: March 04, 2014, 11:45:46 PM »
Hey Army, I'm new to this forum and newly positive - diagnosed 3 weeks ago.  Have been reading all your posts recently with a lot of interest.  Sounds like you got a really shitty deal from your employer but it seems you're getting a lot of good advice from people who know what they're talking about.  Certainly, a lot of people are pulling for you, including me.  I was really glad that at least your medical issues seem to have turned out great.  Good for you, man!  I hope your legal issues ultimately turn out as well.

I'm still waiting to start treatment and hope it goes as well.  Like you, I know exactly when and by whom I was infected - Dec 30.  And then I also had a seroconversion illness 10 days later on Jan 10.  Not nearly as severe as yours.  Was only sick for 3 days and I was off work at the time (taking a WFR first responder course) so didn't have to deal with my employer.  But unlike you, I stalled for nearly a month because I was afraid of what the test would show. After hearing how well your treatment worked, I kind of wish I had followed your lead on that.

Finally got tested on Feb 11, and my numbers weren't all that bad (so everyone keeps telling me): CD4 524 and VL 245,000.  Got a genotype test last week and am waiting for the results in order to begin treatment, hopefully a week from now.  Doctor has already mentioned possibly Stribild.

I have NOT disclosed to anyone at work.  I briefly considered it because of some insurance issues but, after reading about your experience, I will definitely not being doing that.

Look forward to hearing more good news about your legal problems.  Good luck!


 


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