threatening letter from boss

[Kimmygr33]

What is the name of your state? Pennsylvania.

In July, my father died suddenly of an aneurysm. I took two weeks off (unpaid) to deal with the funeral and things. I was very upset, my father was not sick at all and we were very close. When I returned to work, I was still an emotional wreck but was afraid of being fired for taking anymore time off. At that time I was not aware of the FMLA act, and my employer did not notify me of it.

When I returned to work, I asked my boss to please bear with me and take it easy on me for a while. She immediately started piling work on me, and by the end of the first week, I was stuck covering for two other employees on vacation, along with catching myself up on my workload. I tried to deal with it, but told my boss several times I was feeling extremely overwhelmed, and if she could get me some help. I kept breaking down crying at my desk. On day 10, as soon as I got in the office, I was screamed at in my face by a plant manager about a job that was another co-workers, and I had never even worked on the job. I went to the vice-president and told him how upset I was and begged for another two weeks off. I came back to work too soon. He agreed if it was unpaid.

Now I return to work and told them I need a half a day off in October to appear at a child support hearing. They gave me a letter Friday stating that if I take this day off, I will be fired. I have one vacation day left and three sick days. They will not let me use these days! Also, I had to take care of a very sick uncle after my father died, and was told by the hospital if I didn't get my uncle in for treatment when I did, he would of died within days. I just finally got him into a personal care home yesterday and got him somewhat healthy again.

My question is, was I eligible for FMLA due to my father's death and uncle's illness? Next question is I think my employer just wants me to quit. If I quit for being threatened to get fired for a court hearing, can I collect unemployment? I can't even look at my boss. I am also in treatment because I almost had a nervous breakdown when my dad died. They know this! I told them. They are pushing me over the edge and that letter almost gave me a breakdown. I went home and cried for hours.

 

[coosi]

How long have you worked there? Over a year?

 

[Beth3]

No, none of this is covered by the FMLA. The FMLA does not include any provisions for bereavement or compassionate leave, and uncles/aunts are not included as immediate family. The FMLA only allows for leave time to care for an ill family member if it is a parent, mother- or father-in-law, one of your children, or someone who stood "in loco parentis" when you were growing up.

I am very sorry for the loss of your father. Your employer did give you a month off work, which was extremely generous of them and far beyond the norm. Nothing you describe indicates your employer is doing anything illegal.

If you quit because your employer is denying you more time off, it is unlikely you will be eligible for UC benefits, although no one here can give you a definite answer.

 

[Kimmygr33]

I worked for the company for four years. I understand the FMLA does not apply to my uncle, but there was no one else to care for him. All of his brothers and sisters and parents are all dead. The only immediate relative he had left was his son, but his son is mentally retarded. My uncle's wife was killed by a drunk driver back in 1988 in a car accident. My uncle has been disabled since then.

Wouldn't my health issues as a result of these tragedies fall under FMLA. My doctor said they would, and he would fill out the paperwork for me. I am on

 

[Kimmygr33]

MY PREVIOUS MESSAGE GOT CUT OFF.

No, I am not quitting because I want more time off. I only need half a day for court and I should have a vacation day for that. They are threatening to fire me and I quote "to take time off for legal issues". I am the executor of my father's will and was also the victim of a rear ender accident last week. So basically if I go to court for any of these matters (I don't know if I even will have to go to court), then I am fired. How can they fire someone if I have to go to court???

I am asking them just to lay me off tomorrow. They have been laying people off anyhow. They wouldn't threaten my job if they cared about me as an employee and person. If they don't lay me off, then I am quitting first thing tomorrow morning.

My doc said I was eligible for FMLA for MY medical condition. I am 33, my blood pressure is up, and I shake and cry often since this has happened. I am on valium. It was very embarrasing to tell my employer this. I just can't go in there and even look at them anymore. I feel they are heartless with these threats, and I don't respect any of them at all.

 

[Beth3]

"Wouldn't my health issues as a result of these tragedies fall under FMLA. My doctor said they would" No. It doesn't matter what your doctor said. The FMLA does not apply to aunts and uncles. Period.

You certainly may ask your employer to lay you off. They have no obligation to comply. You are obviously free to quit if you wish to. As to whether you personally are eligible for FMLA leave, that depends on whether you have a medical condition that meets the definition of a "serious health condition" under the FMLA.

Outside of FMLA, your employer is not obligated to provide you with any leave time. You have certainly have had an unfortunate series of events happen to you but from your employer's perspective, they've already given you a month off work, which is far more than what is typically given by the vast majority of employers when there is a death in the immediate family.

 

[Kimmygr33]

I'M FREE!!!!!!!!!!!!!

Thank you for your advice Beth. It looks like I don't have a legal leg to stand on.

They wanted me to come in and meet with them this morning. I have been through this several times with them, all they do is yell in my face and degrade me. They always put me down, they don't bring up how I just made their printing company a $150,000 profit in one month. I couldn't go through the criticism not even one more time. I emailed them and quit this morning! I have never felt so good in my life. Even if I can't collect unemployment, I'm free and I have my pride back.

 

[Beth3]

I expect your employer is equally thrilled.

 

[Kimmygr33]

Actually Beth, my employer has already contacted me to ask me to come back into work, they don't want me to quit.

I thought you were trying to help me and were understanding, and now you have to make this stupid sarcastic remark.

You are as heartless and uncompassionate as my boss is. You are a lawyer? Let me guess, defense?

 

[Beth3]

I was trying to help you, or I wouldn't have bothered to respond. I assure you, you're not the only person who has had to deal with that kind of loss.

What I think you fail to understand though is that the world doesn't stop when you have a personal tragedy. Your employer was EXTREMELY generous in giving you a month off (typical bereavement leave, if offered at all, is three days) and it seems clear you don't understand that they have a business to run and that your continuing requests for time off to deal with yet more personal situations are unreasonable.

And of course anyone that doesn't immedately put your personal problems at the forefront of everything else and agree that your employer is just being horrible to you must necessarily be "heartless and uncompassionate."

 

[Kimmygr33]

I don't expect the world to stop for me, but you have judged me to be that type of person before knowing all the facts.

The reason why I got the threatening letter is because I have court tomorrow. I found out last year that my stepfather had sexually molested my daughter and I reported him to the police. I am suponeaed to go to court tomorrow for a pre-trial conference, and then in 90 days I have to go back for sentencing. So you see, I need a day off to prosecute a pedophile, and that is there issue with my attendance. They have already given me time off for my father and don't want to grant me any additional days for ANY reason. The other half day I needed was for a child support review.

I think being suponeaned to prosecute a pedophile is a valid reason for taking off work, do you agree, or will you choose to insult me again?

 

[HomeGuru]

Actually Beth, my employer has already contacted me to ask me to come back into work, they don't want me to quit.

I thought you were trying to help me and were understanding, and now you have to make this stupid sarcastic remark.

You are as heartless and uncompassionate as my boss is. You are a lawyer? Let me guess, defense?

**A: Personally, I liked that remark.

 

[cbg]

The validity of the reason does not matter a hill of beans in regards to whether the employer HAS to offer you additional time off or not.

The law mandates that you be granted time off in ONE situation: when you have a situation that qualifies under FMLA. Period. Outside of that, it is ENTIRELY up to the employer how much time, paid or unpaid, they want to give you. The fact that you have what may be considered a valid reason to miss yet more time does NOT mean that the employer is legally required to give it to you unless it falls under FMLA, which going to court for ANY reason does not.

 

[Kimmygr33]

Well, on my suponea, it says if I do not appear a warrant will be issued for my arrest. I would be missing alot more days if I were arrested and went to jail.

That is fine if I don't qualify for FMLA.

 

[cbg]

The subpoena is binding on you; not on your employer. The fact that you have a subpoena requiring you to be in court that day means that you have to be in court that day. It does NOT mean that your employer is required by law to ignore your absence. Under the circumstances, it will not be illegal if you are fired because you miss the day of work, EVEN IF you have a subpoena requiring you to be in court.