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Old 10-16-2012, 05:46 AM   #1
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Unhappy Fired from job while on FMLA in NJ/Long read

Good morning all.....I recently got fired from my job of 7 years. It all started months ago after I mentioned to my manager about Fibro Fog thinking she was very curious about this wonderful desease we all share. She slowly began taking work from me and other responsebilities were given to new hires who were not trained well enough to do the job well at all. I worked in the Import department of a major Retail chain. To say there was an abundance of information and regulations to remember is an understatement. And as government standards and regulations go they are constantly changing. Soon I was sitting at my desk from 10:30am - 5pm with apsolutley nothing to do. This went on for about a month and asked to talk to my manager about the lack of work I had. She told me she would not give me no work because I was out of the office too often and was making too many mistakes due to my memory. I took a tally of days off on all the other girls in the department (4). When anyone was late or not in the office we all received an alert on our PC calanders. So taking a tally was easy. I was not off any more than anyone else in the office and according to my tally one girl was out more. We also kept a spreadsheet of mistakes made by ourselves and others. I was making less then all the girls and cost the company no money as some did. Our folders were audited before being put aw ay for good. I was so depressed sitting there I asked my PP to put me on disability for depression few a few weeks. I was out for 6 weeks and after talking to a therapist decided I should go back and just try to do what was expected of me.

When I wnet back in mid June I was given my review for 2011 by my manager. None of what was on the review had to do with 2011 at all. It all had to do with what happened before I went out on disability. I was put on a 90 day probabtion period with a 30 day review each month.

No matter how hard I tried I was given a review worse than the last each time. The last one leading to my demise as an Import Specialist with this company. I was mentally abused by my manager through emails that were copied to everyone in the department and more. I left every night at 5pm while everyone stayed for overtime because they were all overworked and stressed to the max. I was made to feel like someone who knew nothing about the business. DID I MENTION I WAS THE ONLY ORIGINAL MEMBER OF THE IMPORT DEPARTMENT SINCE IT BEGAN IN 2006. The 2 new girls were told to ask another women for answers to their questions not the veteran member. They knew I was the original because I was introduced that way.

I am really sorry for the rant, but I am do worried that I will not be able to collect unemployment or find another job. I am a few months away from 59 yrs of age and afraid to loose my home. Please forgive my spelling mistakes lol

P.S. Not sure if I mentioned I was on Intermintant FMLA.

Low pain all,
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Dx'd with Fibro 2007
Endometriosis
Barret's Esophagus
Gerd
Osteoarthritis
Anxiety Disorder since 1986
IBS
Diverticulosis
High Colesterol
Tachycardia
Depression - Now

Last edited by catkaru; 10-16-2012 at 06:32 AM. Reason: Post Script

 
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Old 10-16-2012, 06:22 AM   #2
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Re: Fired from job while on FMLA in NJ/Long read

Hi Cat...I am new to this board but feel so badly I wanted to reply to your post. Sounds like you were pushed out the door for sure. You mentioned the emails that were sent ..did you save them and print them out? If you have some proof of the crap you wen thru you should be able to collect unemployment as well as your Dr's advice to go on disability could help too. My friend works for a mediation company that works with unemployment requests..not sure they have something like that in NJ..she is in FL. Sounds like discrimination to me! As if fibor werent enough! Good luck to you ((hugs))

 
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Old 10-16-2012, 06:40 AM   #3
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Re: Fired from job while on FMLA in NJ/Long read

Sorry about your job. But I would seek a lawyer for compensation and maybe he could help you get on SSD. I was out 4 years with all the same stuff happening. It took me a long time but i was awarded SSD, which is not much but a help, and now I am applying for pension disability. I also made an appointment in my state ,NJ, disability and they were very helpful. If you were on a FMLA I wouldn't think you can be fired but they probably will make it miserable for you. Good Luck

 
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Old 10-16-2012, 09:20 AM   #4
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Angry Re: Fired from job while on FMLA in NJ/Long read

It absolutely sounds like unfair dismissal and you MUST go and see either a lawyer/HR specialist ASAP - the sooner you file the sooner it will be resolved - if they are a major retailer they may not want the negative publicity that might go hand in hand with you following the legal route. It is easier and cheaper for them to pay up rather than go to court.

Please don't let them get away with it
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Old 10-16-2012, 10:06 AM   #5
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Re: Fired from job while on FMLA in NJ/Long read

Cat, run don't walk to the nearest lawyer. I worked for a major hotel chain and our local GM liked young girls better than older girls. I was in my 50's at the time and they tried the same thing on me. First of all no work....I mean no hours scheduled to work for months and I went in to pick up the schedule every Thurs. when it was posted. I made it a point to walk around to other depts and say hello. Then finally a few hours scheduled and finally my review, which was months late. A bad review and 60 days to improve and that was it for me. Ten years at that job and never a bad review, employee of the month and letters of commendation in my file from corporate heads that said what a good job I did. Everyone knew I kept a note book everyday, that I wrote down everything I thought was important in. I would sometimes purposefully leave it open on the desk when I went on break. When I got the bad review, I went to HR threatened an age discrimination lawsuit and one against my disability. Before the day was over, I was in the GM's office and I was told that he didn't agree with that review and I would be getting a new one under the 'new' guidelines. The HR director and I never saw eye to eye and would never be best of friends, if you know what I mean. Anyway I told her I was going out of there on my terms not theirs. She sort of changed her demeanor for a moment and said, "good for you." She knew it was bullhockey and I think glad to see someone stood up to the powers that be. I think she was tired of giving the shaft to so many older long time employees.
So Cat get your running shoes on and get going!!!!

Glojer

 
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Old 10-16-2012, 11:28 AM   #6
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Re: Fired from job while on FMLA in NJ/Long read

Run Cat Run.......
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Old 10-16-2012, 08:14 PM   #7
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Re: Fired from job while on FMLA in NJ/Long read

This really sucks. Get on your gloves and fight back. I do hope you had the foresight to save and print out those emails. As was said get a lawyer, file for your unemployment and get ready to appeal if needed. I don't know the labor laws where you are but here the employer has to provide you with a copy of your complete employee file upon written request. Get it regardless of what you decide to do. This will be their first clue you are not going to take this lying down.

In the mean time take some deep breaths, don't let the stress beat you down.

 
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Old 10-17-2012, 06:10 AM   #8
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Re: Fired from job while on FMLA in NJ/Long read

Hi All and thanks so much for your support and guidance! I have already filed for unemployment and plan on appealing with a lawyer if I don't get it. I did print some of the emails and bring them home, so that will help, I hope. While I was in for my last review I did ask for the notes on the 90 day probabtion reviews Woodswalker and was told they belonged to the company and they did not have to give me them. I have a phone interview with unemployment on the 29th of this month so will know then if I am eledgeable. I certainly hope I am. I mean, it is great that I am on my Husband's Medical Insurance Policy, but that does not pay the co-pays.

Thanks all again for your help and support. I knew I could count on you all as always. I will def keep you posted as to what is going on.

Low pain all,
__________________
CAT

Dx'd with Fibro 2007
Endometriosis
Barret's Esophagus
Gerd
Osteoarthritis
Anxiety Disorder since 1986
IBS
Diverticulosis
High Colesterol
Tachycardia
Depression - Now

 
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Old 10-17-2012, 10:07 AM   #9
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Re: Fired from job while on FMLA in NJ/Long read

I'm in the UK so it maybe that it's different terminology - here you get unemployment benefit if you don't have a job. If you get illegally fired you can sue them for unfair dismissal and get compensation/damages/claims against future earnings - one is not mutually exclusive of the other. So are you filing for unemployment with your company or filing for unfair dismissal (or is it the same thing???) Either way I'd go through a lawyer unless you're very sure of your rights and how to go about getting what you want as you can bet your bottom dollar if they think they're just fighting you they'll offer peanuts - if you have a lawyer involved it's a different case. Fight tough from the beginning
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Old 10-18-2012, 08:01 AM   #10
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Re: Fired from job while on FMLA in NJ/Long read

Will do Sweet....will do!!!
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Dx'd with Fibro 2007
Endometriosis
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Gerd
Osteoarthritis
Anxiety Disorder since 1986
IBS
Diverticulosis
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Depression - Now

 
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Old 10-18-2012, 08:22 AM   #11
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Re: Fired from job while on FMLA in NJ/Long read

thanks sweet. saved me saying it.
cat i am so sorry that happened. mine went down kinda the same way. i got 50 grand out of it. so, think about that girl! co-pays for days, giggle.
peace,
blue
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Old 10-18-2012, 08:37 AM   #12
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Re: Fired from job while on FMLA in NJ/Long read

Wow Blue...I guess when you actualy mention the dollars it puts it in a different perspective. Were you collecting unemployment at the time or was this in addition to an appeal? Funny thing is they also let a woman from a dif department go who was also on FMLA due to her daughter's fight with cancer. She was with the company for over or nearly 20 yrs. They are letting 4-5 people go a week! There was a girl in our department that was hired less than a year ago and has already transferred out and said if she had not she would have left the company anyway if she had to deal with our manager any longer.

I was told that after they left they held an emergency meeting and my manager cried while she told them she let me go. When I tell you it was a very mentally abusive 90 days it is an understatement. Maybe I'll get a Lawyer unemployment or not. Thanks again all of you for your support. :0)

Low pain all,
__________________
CAT

Dx'd with Fibro 2007
Endometriosis
Barret's Esophagus
Gerd
Osteoarthritis
Anxiety Disorder since 1986
IBS
Diverticulosis
High Colesterol
Tachycardia
Depression - Now

 
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Old 10-18-2012, 12:22 PM   #13
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Re: Fired from job while on FMLA in NJ/Long read

I am so sorry you had to endure this. It sounds like you were an exemplary employee. I agree with the comments on here. I hope you have documentation of this. Please file for unemployment. At least in our state (IN) if there is a dispute between the employee and the employer, there will be hearing and it will be decided. My cousin won under the same type of case as yours. She didn't miss work, didn't mess up and the boss just let her go. If you need an attorney get one.

Also, maybe it would also be a good time to apply for disability as well. I know in our state, most people go through the process more than once before they get it.

My best to you.

 
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Old 10-18-2012, 12:28 PM   #14
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Re: Fired from job while on FMLA in NJ/Long read

Cat no maybe about getting a lawyer - you MUST. From where i'm sat you have a very clear case (Im no expert but work with a team of people who are) You will be entitled to be a sizeable chunk of money - unemployment will probably pale into insignificance.
And at least seeing a lawyer you'll know where you stand
Wish I lived near you as I'd be walking you to one right now - as I have done with several friends all of whom came out of the process smiling the other side
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Old 10-18-2012, 11:03 PM   #15
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Re: Fired from job while on FMLA in NJ/Long read

Very unfair! Do you know anyone who would testify on your behalf? That would really help! My sister was fired from her job as a travel agent, she has IC... Fibro, arthritis and just had a full hysterectomy in February this year. She stopped getting leads and her boss kept commenting that it was because she wanted her to have a light load, then she came at her one day with she wasn't "carrying her weight" and she was letting her go, but her boss was purposely giving her old bad leads! Then her boss decided to give her a "break" and when my sister returned to work from her "break" she found she had no desk, no job period! So when she filed for unemployment her boss tried to turn it around saying she didn't show up for 2 weeks... But she wasn't scheduled! She said she took too much time off in 2010 but her home burned down and her boss gave her the okay to use her vacation and sick leave to go back home as she had no place to live while her home was being rebuilt... She said my sister always seemed "doped up" which was slightly true she was taking prescription pain meds for her IC after she would have bladder treatments and she has now gone through 4 surgeries in 2 years just fir that... The last one she had they had to stretch her urethra! Sounds like a pain killer moment to me! That doesn't cover her hysterectomy and her lack of sleep due to pain plus 2 kids... She had a good case but after all her surgeries and pain and frustration she gave up... She doesn't want to fight anymore, takes a lot of patience, will and ability to deal with stress... She was awarded her unemployment for a year... Don't give up! I would have pushed her to fight more if we lived closer... She I'd in Maryland and I am in Arizona... She is

 
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