Long story, but the TL;DR is my company refused to pay short term disability benefits that were approved because I quit. Been told by a couple of lawyers it isn't worth fighting because it's not, technically, wage theft. Hoping to crowdsource some ideas if there is any recourse. I'm in the USA for reference.
Longer version:
Worked in healthcare for a large Catholic healthcare organization (one that has been the subject of several NYT investigations for things like having billions of dollars in reserve but still taking PPP loans and illegally collecting medical bills from poor people. Oh, and is currently being sued for wage theft by the nurses' union). Worked all through the pandemic, but this summer was my breaking point, and I needed a break. Filed for short term disability, supported by my doctor and therapist, according to the policy of the company and the leave administration company.
For the first pay period, it was fine, I was paid according to my benefits while my claim was reviewed. But then they stopped paying. I called and called and called the leave management company to see what the hold up was and was given the runaround several times. Their policy is to review and adjudicate claims within 2 weeks—I hadn't even received the paperwork to give to my doctor after 2 weeks.
Finally get the paperwork, my healthcare providers fill it out and return it promptly. Still not getting paid, still calling for answers. After another 3 weeks, my leave was up and I returned to work for one day—in consultation with my therapist and doctor, I decided to quit as I was continuing to have major mental health issues (including PTSD from my work during the pandemic). Two days after I quit, the leave company asked my doctor for additional information, which was promptly given. Still haven't been paid, up to 3 pay periods now.
ANOTHER 3 weeks pass, and my claim is approved! However, when I ask where my money is, they said that since I quit, I wasn't entitled to any of that pay. Which is fucking nonsense. I was an employee during my leave; the only reason I wasn't paid properly during my leave was because of gross negligence by the leave management company (taking 8 weeks to approve a claim instead of the 2 weeks they promise). So I'm out several thousand dollars. I called HR, I called executives, and everyone says that there is nothing they can do, pointing to policies and other such bullshit.
I'm so fucking angry. I sacrificed my health and well-being to do what needed to be done in the pandemic. And then when things slow down enough that I crack, they fucking disown any responsibility. Like, the ethics and morality is clear on this one but I don't know what other recourse I have.
My partner wants to sit in front of the administration headquarters and yell at people until they give me my money, but that seems like… not the most effective course of action… But I don't know. All I know is that I did everything right, according to their instructions, but two companies did not do their job and I'm the one that is fucked.
Here's the timeline to help with the picture of how things went down:
– June 6/7: Initial claim filed
– June 8: Leave begins
– June 8 – 15: Waiting period
– June 24: Received pay according to the policies of STD (65% of salary + PTO to cover up to 100%)
– End of June: Calls to Leave Management Company (LMC) requesting paperwork
– July 8: Received pay aligning with STD
– July 8: Received Packet from LMC
– July 11: Received packet again from LMC (yes, they sent it twice)
– July 13: My healthcare provider returned requested paperwork to LMC
– Called several times (at least 6) throughout July requesting updates on my case.
– Aug 3: Return to work/last day of work
– Aug. 5: LMC requests additional paperwork from my healthcare provider
– Approx. Aug. 10: My healthcare provider provides requested documentation (she was on vacation, hence the delay of a few days).
– Throughout Aug: Continued calls to LMC requesting information on the standing of my claim
– Aug. 30: Claim approved but informed in will not be paid out, referred to Hospital System (HS) that employed me.
– Early Sept: Contacted HS HR for the first time
– Sept. 11: Received first reply
– Mid Sept.: Again reached out. This time, an HR ticket was created.
– Sept. 28: HR representative informs me she is looking into the matter
– Sept 30: HR Rep states that she has reviewed the case, finds that HS does not owe me any funds, stating that since the information came from LMC after my separation.
– Oct. 27: Reached out to LMC, HS, and several ranks of management and executives within the hospital system. The executive overseeing my department, requested I send him an email detailing my entire experience, which I send. He has not responded.
I feel like they think they can just ignore me and I'll go away. But I know they're fucking over other healthcare workers too! Literally, the nurses' union is suing and has asked the county DA to investigate wage theft. I'm fucking disgusted by it—for so many ethical reasons but also because I don't understand how this is legal.
Anyway, fuck capitalism and for-profit healthcare. Thanks for reading the novel. I'd be grateful for any insight or advice or… commiseration anyone has…