Posts

Annals of (Un)employment Injustice

In a handwritten letter written last month, an Aliquippa, Pennsylvania oral surgeon, Dr George Visnich, fired a female employee, Carol Jumper—who had worked for his medical practice for twelve years—after she informed him she’d been diagnosed with “cancer affecting her ovaries, liver, and pancreas.” Ever since my own brush with wrongful dismissal I pay special attention to accounts like this one, reported yesterday by Huffington Post. The doctor’s attorney has since claimed that the letter was meant to make it easy for Jumper to qualify for unemployment benefits, and that the doctor intended to re-hire her once and if her treatment was successful. And yet, the letter is as curt and unfeeling as anything I’ve ever read. See for yourself:
Doctor's letter
The letter, which I read as filled with eagerness to terminate her before she might cost the doctor an extra dollar in raised health insurance premiums, was shared on Facebook by a friend of the fired employee, resulting in much opprobrium for the doctor and contributions to a benefit fund for Ms Jumper. I detect bad faith on the doctor’s part, with careful wording meant to protect him from the Americans with Disabilities Act, under which “current and recovering cancer patients are protected against job discrimination…so long as the individual is able to perform the job’s essential functions.” He wrote, ” You will not be able to function in my office at the level required while battling for your life. Because of this, I am laying you off without pay as of August 11, 2014.” He’s evidently tried to absolve himself, by claiming that “this [would] make it easier” for Jumper to claim unemployment benefits, but I detect a convenient calculation behind his words—I believe they were meant to make things easier for him, not his long-serving, mortally ill, employee.

Local reporting on the incident explains that Ms Jumper did not ask anyone to put the letter on Facebook, and that she is focused on trying to get well, not on her former employer. She is probably not pursuing a legal case, which I understand, under the circumstances. Unfortunately, none of the reporting reveals what she’s doing about health insurance now, but I assume she’s been forced into COBRA to continue the coverage she had under her employer. No word in any of these stories, either, as to whether he offered her any severance or help with paying for COBRA. I have to assume he has not. Meanwhile, the doctor’s lawyer says that the attention on the letter has been “very troubling” for his client. Gee, you’d almost think he was the one with cancer.

#FridayReads, March 21–Jan Wong’s Engrossing Memoir of Surviving Depression, “Out of the Blue”

April Update: Jan Wong has suffered a new legal setback in her long-running battle with her former employer, the Globe & Mail newspaper. She had chronicled the breakdown of her employment in her gripping 2012 memoir Out of the Blue. Wong may have thought it was permissible to write about the settlement they agreed to, while not mentioning its actual amount. She wrote that the paper had paid her “a pile of money to go away,” and “a big fat check landed in my account.” The Globe & Mail claimed the confidentiality clause in their agreement had been violated and sued successfully for return of the money. Ironically, that has resulted in the disclosure of the settlement, $209,000, something the paper claimed they did not want to be revealed. I guess you could say that their vindictiveness came back to bite them. More recently, Wong appealed the initial ruling, which has now been upheld by a judge in Toronto. Wong was intemperate, but she surely delivers a better fate than to lose her settlement. According to this article, she may have one more appeal left to her.
—-
WongBeginning last week when I made Out of the Blue my #FridayReads for March 14, I spent much of the past week reading and being enthralled by Jan Wong’s scalding memoir of surviving a severe depression that was triggered when an article she’d reported and written became controversial. Her employer at the time, the Toronto Globe & Mail, utterly failed to support her as as the article, about a mass shooting in Montreal, blew up over several weeks and months, even though her editor had praised the approach Wong took to the story, which while reporting on the tragic incident also considered the role that the multilingual province’s ethnic politics may have played in the tragedy. Wong’s editor had even asked her to push this aspect of it further. As she began getting death threats and vile messages, the Globe & Mail hung her out to dry, implicitly criticizing her and pandering to the haters arrayed against her. Wong tells her story in the first person, a compelling narrative that follows the course of her struggle for fair treatment by her employer, and the torturous path of her illness, with records she later got from the insurance company that tried to deny her disability claims for what should have been regarded as a workplace injury.

The setting is mostly Toronto and Montreal, where Wong’s father had long owned a Chinese restaurant, and whose business fails when Wong’s reputation suffers amid the controversy. She travels a lot in the course of her narrative, even while she’s ill, for what she and her medical providers hope will be a “geography cure.” She goes to Finland with her son for a hockey tournament, and travels with her stalwart sister to Paris. As an alum of the Columbia Graduate School of Journalism, Wong also visits New York City and the Columbia campus, near where I happen to live. The Globe & Mail tries to make an issue of her ability to travel, while she’s unable to work, failing to recognize that it was their careless treatment of her in the newsroom that had triggered her illness, which was continually re-injuring here.

She pays sincere homage to her predecessors in the field of depression memoirs–William Styron, Andrew Solomon, and Kay Redfield Jamison–quoting strategically from their books. She also laments something I’ve written about on this blog, in the context of my own departure from Sterling Publishing in 2009, “the baleful influence that today’s HR mindset casts on our culture, full of its own hermetic vocabulary, with bland euphemisms, opaque acronyms, and inhumane doublespeak. Shunning and banishment are two of the signature modes of behavior in this modern HR culture.” Wong experienced this far worse than I ever did. And yet, it would be wrong to paint the book too bleakly. Despite being unable to write for most of the two years, and suffering huge losses in cognition and her social comfortability, I was conscious while reading the book that she’s writing it from a post-depression standpoint. Amazingly, she also manages to inject mordant humor in to the tale, as she portrays some of her managers and the contortions they took to deny how sick she was.

To top it all off, there’s also a triumphant backstory to the publication of the book, which came out in 2012. Out of the Blue has done well, with many recognitions and healthy sales, and yet she was forced to publish it herself after Doubleday Canada canceled it shortly before the manuscript was going in to copyediting. They evidently became uneasy over the legal climate around the book, since Wong, the Globe & Mail, and their insurer had had so many legal battles during the course of her ordeal. I read a lot of first-person literature, and this is one of the best examples of it I’ve read in a long time.