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Topic: returning to work

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Joined: Oct 2007
Posts: 15
  • Posted on: Oct 12, 2007 03:32 pm, edited Oct 12, 2007 03:32 PM by LOURDES0929
LOURDES0929 wrote:

I had DCIS stage 0. I opted for a Simple Double Mastectomy w/ Reconstruction. (no lymph nodes removed) My diagnosis was May 17, 2007 and my surgery was July 27 2007. I am on Tamoxifen.   

I need to know, what I should do if your Drs tell you, you are ready to return to work, you are feeling ready to return, but the job wont accept you due to your condition?

I just applied for a job. I went through all the qualifications and passed. But when it came to the physical exam, they told me some story that I may not get the job due to my surgery being not too long ago.(3 months ago)

What should I do? Do I have rights? Can I argue this? Is it too soon to go back to work?

Posts 1 - 13 (13 total)
lvtwoqlt
Joined: May 2007
Posts: 2770
Oct 12, 2007 04:42 pm lvtwoqlt wrote:

I also had double mast with expander recon on June 1. I was out of work 5 weeks and was able to return to the same job. I am the receptionist and enter orders on the computer at my job.

I am not sure what the rights are but I think that cancer surgery qualifies under the disabilities act.

Sheila

We are like tea bags, we don't know how strong we are until we were thrown into hot water. Eleanore Roosevelt
LOURDES0929…
Joined: Oct 2007
Posts: 15
Oct 12, 2007 05:05 pm LOURDES0929 wrote:

Thanks for your comment lvtwoglt. I currently applied for a position for the post office. I do know that its a physical job, but I know that I can do it. I feel lost. Some people are telling me to just go for disability. I like to move around and work.

Lucy1234
Joined: Oct 2007
Posts: 290
Oct 19, 2007 05:16 am, edited Oct 19, 2007 05:17 AM by Lucy1234 Lucy1234 wrote:

You cannot be denied the job unless you are physically unable to perform the duties. They even have to make reasonable adjustments for you.

They need to be VERY careful with how they handle this or they could see themselves in a very bad legal position.
Also that would not be very good advertising for the post office if the story got out!

I would speak to a breif and see where you stand.
I'm a manager in the UK. I know for a fact that cancer qualifies you to be treated under the disabilities act.

Let us know how you get on!

LOURDES0929…
Joined: Oct 2007
Posts: 15
Oct 23, 2007 01:54 pm LOURDES0929 wrote:

Yes I know if word gets out it will be an ugly situation. I am just lost and dont know who to turn to. What is a breif?

I want to work and my Dr. says Im ready. Dont see the problem.

will keep you updated.

thanks

BethNY
Joined: Nov 2004
Posts: 4123
Oct 24, 2007 07:12 am, edited Mar 11, 2008 02:47 PM by BethNY BethNY wrote:

When the post office told you that, did you tell them you can have a dr's note that states you are physically ready to work?

They can't discriminate, unless you can't fulfill the duties that are required.

keep us posted

I only play to WIN. www.breastreconstruction.org
Lucy1234
Joined: Oct 2007
Posts: 290
Oct 26, 2007 05:16 pm Lucy1234 wrote:

A breif is a solicitor.
Or if you are in the UK you can speak to the citizens advise bureau.

They are really helpful

Good Luck
XX

LOURDES0929…
Joined: Oct 2007
Posts: 15
Oct 26, 2007 10:18 pm LOURDES0929 wrote:

I LIVE IN NEW YORK. YES I DID BRING IN MEDICAL DOCUMENTATION THAT I CAN PERFORM ALL DUTIES WITH NO RESTRICTIONS. I AM SO UPSET. I SENT OUT A LETTER REQUESTING A REASON WHY THEY DID NOT OFFER ME THE JOB. I BELIEVE ITS DESCRIMINATION AND EVERYONE ELSE SEES IT TOO.

ITS BAD ENOUGH THAT WE HAVE TO GO THROUGH WHAT WE ARE GOING THROUGH, BUT TO NOT GET A JOB BECAUSE OF IT, REALLY SUX.

THANKS ALL

WILL KEEP YOU POSTED.

26young
Joined: Nov 2007
Posts: 26
Dec 4, 2007 04:46 am 26young wrote:

I had a simple mastectomy on  9/21. no lymph nodes, went back to work 10/21. I was still going for physical therapy to increase my range of motion in that arm. I work as a nurse in a very busy icu. The work is physical. I begged my surgeon to go back to work. I promised her that I will try avoiding lifting heavy patients and pulling. It has been 11 weeks post surgery and I feel great. I also had the tissue expander put in at time of surgery. After the fills they feel a bit tight. They are finally filled. I will do implants in March. Now getting back to you.. I would definately say that they are discriminating against you. Is there anyone in your area that can give you legal advise. I would fight this all the way. Dont give up. Keep us posted. Good luck pl

msannie57
Joined: Nov 2007
Posts: 84
Dec 4, 2007 02:14 pm msannie57 wrote:

You said you are applying for a job, not returning to one?  Actually they can refuse anyone they want and while it does sound discriminatory they aren't refusing a class of people--just someone who fairly recently had surgery.  I'm not saying they are right, just that you aren't trying to return to a job you already had.  Most likely they will just come up with some other reason not to hire you if they don't want to.  I also live in NY--my Korean friend applied at the PO and they gave her a very hard time--they really didn't want an Asian and a woman--so they gave her jobs that involved reaching the top shelf--things she couldn't easily do at 5 feet tall.  She ended up having to quit.  You could try a lawyer if you have the time and $$$ but you may end up working in a place where you are resented and you don't need that right now.  Just some things to think of.  Most of us on these boards are very aware of the abilities of women, and especially of those who have had cancer, but the rest of the world isn't necessarily in agreement.  Just be sure you really want the job and the workplace environment before you start up a lawsuit.

LOURDES0929…
Joined: Oct 2007
Posts: 15
Dec 12, 2007 10:10 pm LOURDES0929 wrote:

I am supposed to write a letter to the Postal Service after 6 months. So I will see if they not give me the job. I currently am an employee at FedEx but have not returned to work yet. I rather work for the post office. My dr gave me to return to work Jan 7th 200 so we will see whta happens.

I will let you all know what happens. Pray for me.

Lourdes

mastectomy
Joined: Nov 2007
Posts: 14
Feb 11, 2008 03:52 am mastectomy wrote:

dear 26young,

    hi!i'm also a registered nurse and i'm glad i found this site.i willbe having my implants on feb21.i hope we can communicate and exchange info.i work in telemetry and 6 of us got diagnosed w/ breast ca last year on same floor on opposite wing. sad,but true.

my email-embayaras@yahoo.com

lollybeth
Joined: Sep 2007
Posts: 39
Feb 12, 2008 07:02 pm lollybeth wrote:

If you are only applying for a job, why is your breast cancer relevant?. You shouldn't offer this information on an application or in an interview and they shouldn't ask for it. Did you lose your previous job because you got sick??????

lag
Joined: Apr 2008
Posts: 202
Apr 9, 2008 11:06 pm, edited Apr 9, 2008 11:33 PM by lag lag wrote:
This Post was deleted by lag.

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