reply to post by ladyinwaiting
I've done more than report them, I have sued them. Here is a summary of how it works where someone is able to rip off both the state and a private
employer and the state and the "disability advocates" work to enable the rip off.
An extremely bright gent working for me begins to have spotty attendance and his work is slipping. After a number of conversations, the problem does
not get any better.
He simply stops coming to work. I call him every day and send him e-mails every day for a week with no response. Legally he has abandoned his job
and has essentially quit.
I send him a certified letter informing him of that fact and terminate his employment further informing him that I will be shipping his stuff to his
The next day I get a call from his disability rights attorney. He has severe depression and a mood disorder and will be unable to attend to his work
for a while and that I need to work with him until he can get his disorders under control. No problem, I tell his attorney that I'll give him a
month, that it would be great if he can do a bit of work from home, but if not, I understand but he will have to call me once a week to check in so
that I can see how its going. At this stage I am seeking to get him back to work and will do what I can to get him better and be flexible. OK - no
The month goes by without him calling or returning calls and on the 30th day he shows up for work. He sits in his office, doing nothing and tells
folks that they can not ask him to do anything or he may hurt himself. I have our lawyers and HR tell him to go home if he is in that condition.
I place him on short-term disability - 90 days with a continuation of full benefits and 70% pay. Now he is off of work for essentially 4 months
getting paid with full benefits.
About once every two weeks he shows up to work, makes himself seen (an effort to show that he is making an effort) and goes home. During one of
these visits he tells me that he is on SSI as well as the short-term disability due to his depression. The gent is pulling in $80K a year on
disability but he was able to qualify for SSI because he is not "able to work full time".
After the three months I seek to terminate his employment absent a doctor's note. I get a call from his lawyer and the state EEOC demanding a
meeting. They inform me that I can not terminate him due to his "disability". I place him on long term disability. 6 months, 1/2 pay and he
has to pay 1/2 of his insurance.
I get served that I'm being sued for placing him on disability, despite the fact that he is claiming disability. The state further comes into the
firm with a document request for all folks who have been placed on disability over the past 7 years (the legal requirement for document retention - in
other words, every thing we have). We supply the documents. That was merely an intimidation tactic, but with a supeona, you must play ball.
The six months go by, he will not come back to work. He sues, claiming that in the ten years he had been with the firm he never took a sick day,
worked hundreds of hours of overtime and was on call for his job and was never compensated for it. He was a salaried gent, so the on-call and
overtime business did not fly, but he sued for it anyway. I get another document request for all attendance records for the firm (over 2000 people
all over the world).
The state was far more aggressive than his personal attorney, was supportive of him double dipping into the SSI pool as well as getting paid. No
problem. He had paid into the systems and was entitled to it. The company was very profitable and could easily afford to pay him. They find
inconsistencys in the attendance records and claim that his case is just - that he never did take vacation or sick time in ten years. They provide
me with a lump sum that would cover those days, his legal fees and time and suffering dealing with me.
My firm refuses to settle. We go to court and find out that he is operating a dog training/boarding business out of house and has been spending the
time building it out and establishing it, all the while collecting SSI and disability payments of varying levels.
He loses his suit and his business which was out of his home is attached by a judgement against him. He declares bankrupcy and keeps his house and
Hundreds of hours of unproductive time spent by a private firm, this gent receiving significant assistance by the state welfare organization, who were
admittedly facilitating his breaking the law.
Is that an extreme case? No it is not. It happens every day and firms simply pay the person off and get on with business.
Insulting that doctor's place folks on disability inappropriately? Hardly. folks will call the doctor every day, demand urgent appointments,
claim improper or insufficent treatment and the doctor's will put them on disability just to make them go away.
It is all about the bias and the bias on the part of the state is that these people can't work. The bias should be that they can work.
The feds and state governments are not remotely interested in pursuing welfare and social security fraud. Sure they'll put out some case where they
"cracked down" but are not interested in the least because their "clients" receiving assistance make the budgets larger and ensure their
employment. Were nobody on welfare they would all lose their jobs. The very last thing that the state health and human services organization wants
is for nobody to be on welfare or needing any assistance.