Man Says He Was Fired After Telling Employer His Wife Has Cancer

[RamboLiberal]

Source: ABC News

Companies with fewer than 50 employees may offer little legal protection for employees requiring medical leave. Carl Sorabella of Natick, Mass., learned that the hard way.

After Sorabella, an accountant, told his employer his wife had lung cancer and would need a modofoed schedule to deal with it, he received a termination letter the following week.

"This is not an unprecedented situation," David Frank, a legal analyst with Lawyers Weekly, told ABC affiliate WCVB.

Frank said the termination is likely legal in part because laws protect firms that employ fewer than 50 people. Sorabella said his former company had about 20 employees.


Read more: http://abcnews.go.com/Business/massachusetts-man-fired-revealing-wife-cancer/story?id=13845661

[valerief]

1. Not surprising. Tell them nothing. nt

[RamboLiberal]

2. How can you tell them nothing when you need time off?

Or need to ask them for flexible scheduling. Catch-22.

[valerief]

10. Good point. Here's where lying comes in handy. nt

[Honeycombe8]

77. That's my motto. I'm an open book, usu. But when it comes to medical matters, mums the word.

I don't tell even coworkers if I've had, or will have, a small outpatient procedure, or a suspicious mammogram, or anything. Nothing.

I don't spread my age around, either.

I think of it as: if it wouldn't be a plus for HR to know it, then it's nothing that needs to be discussed with anyone.

Of course, this man was asking for a modified work schedule, so he had to tell them. There was no way around that.

[OHdem10]

3. Cancer means Increase in premiums. This is what the boss hears.

Not all surprising.

[RamboLiberal]

4. I was wondering same thing

I don't think story said if she was on his company policy.

[daa]

16. Agree that's what I thought nt

[Angleae]

37. Even more if they are self insured.

[trud]

49. premiums

Yes, I once heard the increase can be a million bucks. How's a company with a handful of employees supposed to handle that.

[Honeycombe8]

78. It didn't say she was on his ins., and they don't mention that. It seems it was a work schedule

issue. He'd be taking off a lot, probably, working odd hours, not be available when he was needed, etc. Just a sort of problem for many months to come.

Besides, even if it were an ins. matter, the ins. co would still have to cover her, since she was covered at time of onset of the illness. But teh couple isn't complaining about ins. coverage problems. Only that he got fired because of his request to alter his work schedule.

[barbtries]

5. how fricking cold is that.

it's probably too late, but did you mean "a modified schedule"?

[Enrique]

6. was he working for Newt Gingrich? n/t

[Maine-ah]

7. I say we send some letters

http://www.haynesmanagement.com/

Haynes Management Inc. is a Wellesley based real estate management, leasing and development company that specializes in commercial office properties in the western suburbs of Boston, Massachusetts and in southern New Hampshire.

Haynes manages forty six office properties and three retail properties that total over one million square feet of commercial space.

Most of our properties have been designed to accommodate tenants that require 1,000 square feet to 10,000 square feet, and we service over 450 office tenants.

Please check on our Availabilities to see if we have a space that meets your needs.

contact list:

G. Arnold Haynes, President
[e-mail]

Mary R. Butler, Vice President / Treasurer
[e-mail]

[abelenkpe]

9. +1000 nt

[Maine-ah]

13. my letter :)

Hey, great job firing the guy who's wife was diagnosed with cancer. Corporations should not have to put up with these slugs. Seriously, your company doesn't need some employee asking for a simple schedule change to help take care of his DYING wife. Especially employees who have worked tirelessly for you over many years.


Sincerely,
Maine-ah

[Wilmer]

15. I say we send some letters

I just sent them a brief note, under the subject heading: A question regarding personnel...


Dear Mr. Haynes and Ms. Butler:

I was distressed to read that, when long-time employee Carl Sorabella informed his supervisor at Haynes that he needed time off to be with his terminally ill wife, Haynes Management responded by firing Mr. Sorabella.

My question: How do you sleep at night?

Sincerely...etc., etc.


I found it difficult to restrain myself from a more passionate description of my feelings, but that would have been counterproductive.

[Maine-ah]

17. that's why I went with sarcasm.

if I hadn't, I would have used way too many expletives.

[millijac]

21. Ditto

And I used your sleep at night...sounds like it could be a good theme.

"I just read of your heartless firing of Carl Sorabella and the heartless comments your company made to him at the firing.

You and your company are what's wrong with America today. Shame on you. This is wholly and completely unAmerican. I'll be making sure everyone I know knows this story.

How do you sleep at night? Really."

[Wilmer]

71. Ditto

Very well said!

[dflprincess]

81. Sadly, this kind of behavior by an employer is uniquely American

I don't think there are many European countries where paid family leave isn't part of their safety net.

This sort of thing is just the result of the "profamily" Republican agenda. It took a major fight to get legislatin that required larger employers to give unpaid leave.

[GOTV]

53. What might be even better - send letters to their customers, if we can find out who they are.

[digitaln3rd]

8. In Massachusetts, no less.

Mitt's insurance-care strikes again!

So glad he's not the governor here again but it infuriates me that the media isn't bothering to research just how bad his "healthcare" handout to insurance companies is.

[valerief]

11. Huh? Was the employee on the company insurance or the state's? nt

[Ikonoklast]

20. This has nothing to do with insurance.

The company was standing on its rights as an employer, under the laws as they are currently written.

http://www.dol.gov/whd/fmla/

The employer is under no legal compunction to retain the services of that employee, nor do they have to modify his hours in any way to accomodate an urgent family matter.

EMPLOYER COVERAGE
The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers.

Doesn't mean the employer isn't a cold-hearted shitheel, though.

[crazyjoe]

69. what the hell does mitt's insurance plan have to do with this??

[Scuba]

12. Yep, that's how it works.

[SoapBox]

14. Regarding the FMLA and my employer...

I work for a VERY big company, "hubbed" at ATL (hint, hint).

For us to use the FMLA, we must call a company (contracted by my employer...and they are MEAN, NASTY and EVIL!) to set up the FMLA, in ADVANCE, telling them how much time we are going to need.

I've always (and everyone as well) said, WTF!

AND, if you don't set it up in advance...and then try to take it/invoke it...they will simply mark you up as having a "unexcused" absence, punishable up to termination.

...a "benefit" that may not turn out to be a benefit.

[Permanut]

18. K & R; My email to Butler:

"No one should have to tell you that laying off an employee whose wife is dealing with stage 4 cancer is wrong. What is wrong with you?" (end of email)


I would argue (and frequently have argued) that psychopaths gravitate to management positions, and take great glee in causing distress in the lives of others. I would further argue that Butler is a classic case, and that her action had absolutely nothing to do with the efficient functioning of the company, and EVERYTHING to do with her greed and craving for power.

I'm not a trained mental health professional, but I don't think it always takes a fruit expert to recognize and apple.

[deutsey]

22. I've known two managers who fit that psychopath model

I even heard one of them bragging and laughing about how she intentionally made one of her staff members cry.

[dogmoma56]

48. Without Conscience: The Disturbing World of the Psychopaths Among Us by Robert D. Hare >links>

i am reading this, it is scaring the hell out of me.. i obviously work with 3 and one lives next door, his house is about 40 yards and lower. i hear him shooting a gun in his house, usually about 3am. scares me enough i got a gun and took 2 training classes. when i moved in 6 neighbors left notes in my mail box warning me about him.

http://www.amazon.com/Without-Conscience-Disturbing-World-Psychopaths/dp/1572304510/ref=sr_1_1?ie=UTF8&qid=1308219888&sr=8-1

a search list
http://www.amazon.com/s/ref=nb_sb_ss_i_3_67?url=search-alias%3Daps&field-keywords=without+conscience+the+disturbing+world+of+the+psychopaths+among+us&sprefix=without+conscience+the+disturbing+world+of+the+psychopaths+among+us#/ref=nb_sb_noss?url=search-alias%3Daps&field-keywords=++psychopaths+&rh=i%3Aaps%2Ck%3A++psychopaths+

[Moostache]

19. I was fired after 15 years of spotless reviews and 6 months after cancer surgery

I was at a large firm and could never prove it was discriminatory, but after 15 years of consistently exceeding job performance reviews, I was told in February of 2009 (as the economy was in free-fall and 6 months after returning from a 3 month medical leave of absence to remove a portion of my kidney) that I was no longer meeting expectations and that it would be highly unlikely I could survive a probationary period. To say I was shocked was an understatement.

A week later, a single issue of a direct report not following safety protocols was then used as ultimate justification to force me to sign a severance agreement or be summarily fired with no benefits. I was given 12 weeks pay and extended benefits and then cut loose. I'll never get over the feeling that what happened was in no small way related to my diagnosis and the fact that I had disclosed it to the boss who ultimately sandbagged me.

American health care...as big a disgrace as our national media!

[kirby]

23. A public option would have solved this n/t

[DFW]

24. My employer has more than 50 employees

But even so: when my wife was diagnosed with cancer ten years ago, the first thing they asked me was if her
insurance was adequate, and if not how could they help? (She's a German citizen, so her German insurance
covered everything, and you can't terminate an employee for medical reasons in Germany, so she resumed her
job after 9 months medical leave, and is still there today).

The second thing my employers told me was to take as much time off of work as I deemed necessary (with pay),
to deal with her condition and her needs.

Oh, yeah, one more thing--they're in TEXAS!! (regrets and sympathies to those who cling to stereotypes)

[Action]

27. Lucky for you and your wife

I'm happy it all worked out for ya, but Texas still sucks.

[DFW]

36. It must be a heavy burden to carry that around all day

Texas may be 60% rat poison, but that still leaves about 8 million good people,
which is a hell of lot more than you'll find in a lot of other states.

We just have a serious backup in our garbage removal system, that's all.

[WhiteTara]

50. My mother swears they are Carpet Baggers

who came in because Texas has no personal income tax.

[alarimer]

39. Yes it does; I live here and can attest to that.

What sucks mostly are the people. The ignorant piece of shit rednecks who keep voting for these right-wing ass-clowns. I hate every last one of them. I deal with fucking right-wing rednecks every damn day and am so ready to live in a blue state. Fuck Texas.

[AmyN]

42. If you tell me where you live ...

I'll come help you pack. I even know a real-estate company in MA that would help you find a property there.

[MicaelS]

68. Plenty of flights leave Texas every day, take one

And don't let the door hit you in your ass. Take your Texas hate and leave.

[rfranklin]

63. I think the point is that all Americans should have the same protections as Germans...

You were just lucky that you had a sympathetic employer.

[DFW]

72. Me and the other 400 or so employees at my outfit.

We'll get the same protections as the Germans when we have German tax rates, which will be never.

[indepat]

25. Part of a mushrooming picture of an ugly American landscape

:cry:

[gtar100]

26. Exactly why it is so wrong to link health care to employment.

And another practice here in the U.S. that rewards corruption and the inhumane treatment of people. "It's just business" is the chant of socio-pathic reprobates across this country. I hope they have a chance to learn the hard way why what they did falls under the category of "evil".

[woo me with science]

40. [phone] Thank you!

[laundry_queen]

46. This is what I came to the thread to say. You beat me. +1 nt

[sarcasmo]

64. Right on.

[Johnny2X2X]

28. It's Capitalism

I can hear the response now, "if you think there should be protection for people from this then you hate Capitalism and are a Commie Socialist!".

[Hawkowl]

30. +1000

This is the free market at work. Are there no poor houses? No bread lines? No begging at street corners?

[TBF]

56. What?

This is just another result of capitalism, but I don't understand your response. Very few here would say that - it is more likely what you would find on a republican message board. Are you sure you're in the right place?

[liberalhistorian]

59. I think his post is called "sarcasm"

and you need to not look at it literally but as a sarcastic statement of the likely response of free-market business-buer-alles holy rollers.

[TBF]

66. OK,

I was thinking he was referring to this board, but that makes more sense. They do say that about everything ... :D

[dotymed]

29. After 12 years of "moving up the ladder"

at a Firestone subsidiary, my nephew passed out at work and was terminated shortly after. No one wants a sick slave.

[Sanity Claws]

31. ADA cause of action

FMLA may not apply to employers with fewer than 50 employees but the ADA may apply. (Can't remember off the top of my head -- only need 20 employees; maybe 18)
He was not disabled but his wife was and he is associated with her.

[stormpilot]

32. I sent a message.

Replied to wrong thread, sorry. Reposted.

[yurbud]

33. it's sad to see the number of views of this compared to the Wiener/porn star thread

[stormpilot]

34. I sent a message

Here's my letter, I couldn't hold back on the expletives... *oopsee*

To:
G. Arnold Haynes, President Dickhead
[e-mail]

Mary R. Butler, Vice President / Treasurer / Money-whore
[e-mail]

You guys are real dicks for firing Carl Sorabella, for putting PROFITS over PEOPLE. With that said, it'll be with great joy watching your company go down the toilet; as your competitors take all your business away, your employees go to work for them, and you are left with nothing but your empty souls to have done this to your loyal employee who's wife is dying. The status quo is no more, the sleeping giant is awake, so kiss your jobs goodbye, and better hope your spouse or loved one doesn't come up with CANCER or some other ailment where they might die soon.

Good luck assholes!

Signed,

[LittleGirl]

57. Best letter yet.

good job, good point and I hope they lose sleep over that letter.

[FLAprogressive]

35. boycott the company

[alarimer]

38. Capitalism encourages this kind of behavior.

It embodies everything that is wrong with this country. We would all be better off with a strong social safety net: single payer health care and generous guaranteed family leave for situations like this. Many European countries have it. Just another reason the US sucks. "Fuck you, I've got mine" is the attitude.

[TBF]

52. We would be better off without the capitalism in myriad ways -

thank you for your post. I'm usually the only one in the thread saying it, although I think attitudes are changing now that folks are seeing exactly how bad it can get.

[area51]

61. It's long past time for reform.

Each day, 273 people die due to lack of health care in the U.S.; that's 100,000 preventable deaths per year. This is not only a moral issue, but a national security issue that we're so vulnerable given that our health care delivery system is so fragmented and dysfunctional.

We need single-payer health care, not a welfare bailout for the serial-killer insurance agencies.

We don't need the GingrichCare of mandated, unregulated, for-profit insurance that is still too expensive, only pays parts of medical bills, denies claims, bankrupts and kills people.

Republinazi '93 plan:

"Subtitle F: Universal Coverage - Requires each citizen or lawful permanent resident to be covered under a qualified health plan or equivalent health care program by January 1, 2005."

"Employer-based health insurance has always been a bad idea. Your life should not depend on who you work for." -- T. McKeon

"Any proposal that sticks with our current dependence on for-profit private insurers ... will not be sustainable. And the new law will not get us to universal coverage ...." -- T.R. Reid, The Healing of America

"Despite the present hyperbole by its supporters, this latest effort will end up as just another failed reform effort littering the landscape of the last century." --John Geyman, M.D., Hijacked! The Road to Single Payer in the Aftermath of Stolen Health Care Reform

[Raine]

41. My mother lost a job when she was recovering from breast cancer

surgery. :-( :mad:

[christx30]

43. There's no

"my wife has cancer" in TEAM.

[Yooperman]

44. This is why we need more unionized companies. Some say we don't need them... yeah right!!

I hope things work out for both of them...

YM

[OKDem08]

45. here's contact info

Haynes Management­, Inc.

34 Washington Street
Suite DEC 7
Wellesley Hills, MA
02481-1909

Tel: [phone]­00
Fax: [phone]­08

G. Arnold Haynes, President
gahaynes@h­aynesmanag­ement.com

Mary R. Butler, Vice President / Treasurer
mbutler@ha­ynesmanage­ment.com

[aquart]

47. We had 80 employees. Our floor manager got lung cancer.

My mother changed her schedule for the next two years. Alex worked every day he could work, however long he could work because my mother drove him back and forth.

He had been with us since he was 18. Smoking every day. He had a wife and four children still in school. He died at 45.

And my right wing stepfather kicked himself for not having upgraded the insurance he offered his employees in time.

[TBF]

51. Medicare for all will solve these issues. nt

[Dappleganger]

55. +100000

[Honeycombe8]

75. No it won't. This isn't an ins. matter. This is a not-fully-productive issue. nt

[TBF]

80. Well, you are right in a sense. Medicare for all won't solve it alone -

it will just make it less likely that folks will get fired for having someone in the family with an expensive illness. The better answer is that getting rid of capitalism will solve these issues.

Now I will watch your head explode.

[Dappleganger]

54. This happens in big companies too, but most people won't pursue a lawsuit.

They are too afraid, too tired from fighting illness or too broke to do anything about it.

[liberalhistorian]

58. Great, this is just what I need to read an hour

before I have a mammogram!!!

I wish I were one of this employer's clients so I could immediately and happily withdraw my business and tell them exactly why. The Center for Work-Life Balance has a lot of these horror stories and it's not getting any better at all, in fact, it's worse now than it was ten years ago. Employers apparently think that your job for them is far more important than your health or that of your family. We are in the Dark Ages in this country as far as employment rights laws compared to all other industrialized, modern nations, and we're going even further backwards as many of the weak laws that do exist are getting stripped left and right. And it goes to show that it doesn't matter how loyal and hard-working you are for many employers, when push comes to shove it means absolutely squat to them. That's why it's irritating to hear people claim that all you have to do is work hard for an employer and they'll do right by you, that it's the employee's fault if they get screwed.

I used to be a real estate paralegal and, lemme tall ya, that field (real estate) is full of some really nasty, heartless businesspeople, especially the developers and property management companies. They were some of the worst to have as clients, totally heartless policies and actions. What this guy should do is start his own CPA business and lure away his former employer's clients.

[NJCher]

62. my experience also

It was all about the $, and nothing else. Not tenant satisfaction, not reputation, not anything but profit.

On the other hand, there are property owners like my dad, who suffered his first heart attack while out delivering chocolates for Christmas presents to his tenants. He would do this personally, even though he had a lot of places to visit.

When he died last month, most of his tenants came to his funeral.


Cher

[Honeycombe8]

76. Hey, I'm in a similar field.

I'm a litigation paralegal.

I don't know much about the real estate section, but in the litigation field, it's a pretty cold business. We've worked a number of nights all night with no sleep, many weekends, long days,...you get the picture. Some people get all caught up with our firm being a "family" and such. But not me. It's a business. As my grandpa told my brother, who told me...don't ever forget that when you grow up and start working, if your employer can find a way to earn a nickel by firing you, he will.

[Uben]

60. The worst is yet to come!

My wife had cancer in 2003. She kicked it's ass! It's been 8 yrs. Yesterday, in the mail, another notice of insurance premium hikes. They jacked it up to $2100/month. Sounds ridiculous, right? It was about 1900/mo before that and has gone up every year since. So now I gotta pay $2500/mo for shitty insurance because I can't get it anywhere else. WTF?

Insurance reform? Can't get into the high risk pool because some motherfucking congressman put a clause in there where you have to be uninsured for six months until you qualify for that! Well fuck me runnin! We are now considering cancelling and taking the chance. This is totally fucking ridiculous.

[YBR31]

65. You could contact the company and let them know what you think of their conduct

Maybe they didn't understand what they were doing. Maybe they would hire him back. It sounds like he was a good employee.
mailto:[e-mail]
781-235-4300

[Odious justice]

67. don't forget that we only hear one side of the story..

The company could have said "no" and left it at that. Perhaps he really wasn't a value to the company and they were planning on firing him. It would cost the company a lot less if he quit or found a new job.

As far as premiums and insurance goes...there isn't going to be a million dollar increase. Insurance rates for small business are sold in packages with locked rates in most states..but maybe it's different in Mass.

[AllieB]

74. Except that he was given a raise in November 2010

Not too many underperforming employees receive bonuses.

[dgibby]

70. I just posted this to my FB page.

Time to make this bad boy go viral. Now I'm going to send the company and e-mail and tell them their reputation is in the hopper.

Here's the e-mail I just sent:

Just want you to know you're getting lots of publicity,all of it bad. You are now on FB, Twitter, and Democratic Underground, and I must say, the comments are NOT flattering. Good luck staying in business. You're going to need it!

[Kievan Rus]

73. Welcome to the joys of "at will employment"...

where, unlike in every other civilized Western country, you can lose your job for pretty much literally any reason. Your favorite color is blue and your boss' favorite color is red? You can be fired for that. You like Spiderman and your boss likes Superman? You can be fired for that. You root for the Steelers and your boss roots for the Colts? You can be fired for that. You voted for Obama and your boss voted for McCain (and this has actually been documented as having actually happening)? You can be fired for that. One of the few things they can't terminate you for is race/religion/ethnicity, but unsuprisingly, the KKKapitalists fought even those reforms tooth and nail.

Ain't capitalism grand? :sarcasm:

Anybody that honestly posits capitalism and Christianity are compatible (which I've heard from more teabagger types than I care to remember) either doesn't understand what Jesus taught, doesn't understand what capitalism really does to people, or they don't understand either.

[Honeycombe8]

79. Wow...that's cold. How awful. Something for anyone who works for a small co. to keep in mind.

Small companies, like the article says, aren't covered by the same laws as the large ones, and they can't weather the losses of fully productive employees as well as large cos. can.

Even so, my firm, which is large, has fired many people over the years who (what a coincidence!) happened to have been sick, have a chronic illness, etc.