What is the name of your state (only U.S. law)? California
I was just recently let go and the reason they dug up on me was stealing time. Now let me explain. About two weeks ago, I was scheduled for a surgery and was forced to take two weeks off based on the doctor's schedule. I didn't get a chance to file any paperwork but did consult with my HR department over the phone and they agreed that they will send me my forms for my surgery, which I am assuming some FMLA forms. Two weeks pass and no paperwork and Monday, Oct 19th came, which was supposedly my first day back to work and I had to go to HR. I did and I was conferenced in with my boss and the HR director and they opened up a discussion on how I was stealing company time.
Our company just downsized by two employees in two departments and those two departments were consolidated into one. I used to work 5:30-2:30 and this was allowed by the director of our department to accommodate for my schedule to pick up and take care of my kids. When the two departments were merged, I had to pick a schedule that was not so accommodating as my previous schedule and I let my superior know that this would be hard for me as I am the only one capable of giving care to my two kids, ages 8 and 10. They made me choose the hours of 7-4, 8-5 or 9-6, which all would conflict with what I needed to do for my kids. I told them this. I asked my boss if I could just clock out and pick up my kids at 2:45-3:45 as my lunch break and choose the 7-4 shift and clock out at 4pm. They said no and told me that I had to clock out mid-shift a couple of days later.
In the meantime, while I was trying to find a solution to my problem, I just clocked out mid-shift (around noon) as told but didn't go out for lunch and kept on working. Then when it was time for me to leave to pick up my kids, I remained clocked in and came back around 4pm to clock out.
This was what they coined "stealing time" when in fact, I just time shifted things. But anyway, they fired me for this reason when in fact I think they fired me because I took off two weeks to have my surgery done and they didn't like that.
My question it twofold. One is that do I have a case of FMLA, wrongful termination or retaliation? And secondly, how will this affect my claiming for UI(unemployment insurance)? Should I declare myself as fired or laid off ( I was fired I believe). Will this affect my claim or will am I still going to be able to claim for UI? What are the circumstances and how can I avoid getting denied?
I had no previous warnings or write ups at all and I have worked diligently and faithfully for this national company for 5 years and I have been responsible in running a department for this company. I believe that i have a great history with this company and its employee which is why I just cannot believe that this happened.
Please help... Any suggestions or comments will certainly help me. I want to consult with a lawyer but I really don't have the funds to do so. I know that this could be a great case to undertake if I can get a gutsy lawyer and this could be a great victory with the right angles.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I was just recently let go and the reason they dug up on me was stealing time. Now let me explain. About two weeks ago, I was scheduled for a surgery and was forced to take two weeks off based on the doctor's schedule. I didn't get a chance to file any paperwork but did consult with my HR department over the phone and they agreed that they will send me my forms for my surgery, which I am assuming some FMLA forms. Two weeks pass and no paperwork and Monday, Oct 19th came, which was supposedly my first day back to work and I had to go to HR. I did and I was conferenced in with my boss and the HR director and they opened up a discussion on how I was stealing company time.
Our company just downsized by two employees in two departments and those two departments were consolidated into one. I used to work 5:30-2:30 and this was allowed by the director of our department to accommodate for my schedule to pick up and take care of my kids. When the two departments were merged, I had to pick a schedule that was not so accommodating as my previous schedule and I let my superior know that this would be hard for me as I am the only one capable of giving care to my two kids, ages 8 and 10. They made me choose the hours of 7-4, 8-5 or 9-6, which all would conflict with what I needed to do for my kids. I told them this. I asked my boss if I could just clock out and pick up my kids at 2:45-3:45 as my lunch break and choose the 7-4 shift and clock out at 4pm. They said no and told me that I had to clock out mid-shift a couple of days later.
In the meantime, while I was trying to find a solution to my problem, I just clocked out mid-shift (around noon) as told but didn't go out for lunch and kept on working. Then when it was time for me to leave to pick up my kids, I remained clocked in and came back around 4pm to clock out.
This was what they coined "stealing time" when in fact, I just time shifted things. But anyway, they fired me for this reason when in fact I think they fired me because I took off two weeks to have my surgery done and they didn't like that.
My question it twofold. One is that do I have a case of FMLA, wrongful termination or retaliation? And secondly, how will this affect my claiming for UI(unemployment insurance)? Should I declare myself as fired or laid off ( I was fired I believe). Will this affect my claim or will am I still going to be able to claim for UI? What are the circumstances and how can I avoid getting denied?
I had no previous warnings or write ups at all and I have worked diligently and faithfully for this national company for 5 years and I have been responsible in running a department for this company. I believe that i have a great history with this company and its employee which is why I just cannot believe that this happened.
Please help... Any suggestions or comments will certainly help me. I want to consult with a lawyer but I really don't have the funds to do so. I know that this could be a great case to undertake if I can get a gutsy lawyer and this could be a great victory with the right angles.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
