unemployment while on LOA?

[rachel4]

What is the name of your state? What is the name of your state? IL
I'm not sure this is the right forum, but here goes. I have posted previously re: this same issue.
How long is reasonable for HR to investigate a complaint I filed against a manager? It's been 5.5 wks now and I am still out of work, not collecting a paycheck.
In short, this manager did not want me to stay on in her dept with her only claim being that I was not yet ready to work there.
I submitted all kinds of documentation to HR that proved otherwise.
She is a new manager to this dept, which I think might be saving her a** (HR will allow her some room for mistakes).
How aggressive can I get with HR? I've been pretty patient so far. I was forced to take an LOA to secure my 6 yrs seniority. I was also told I do qualify for unemployment,which I am considering.
I guess my main question is this: If HR found this manager was justified in her decision not to keep me, wouldn't they have told me this by now? What can possibly be taking so long? I've kept in touch with HR weekly, just last week they said they still had some investigating to do, not telling me much at all
I want to continue working here even if I have to take another position. I will start interviewing for other positions next week "while HR continues the investigation." Will filing for unemployment or even filing a lawsuit against them (for forcing me to take an LOA (or something) ) prevent me from continued employment there?
Aa always, any advice is appreciated
thanks
rachel

 

[rachel4]

Am I in the wrong forum or just being ignored

 

[Beth3]

Rachel, you posted last evening. Everyone who responds here is a volunteer with jobs, families, and other responsibilities. We're not TimeLife operators standing by 24/7 waiting for posts.

How long is reasonable for HR to investigate a complaint I filed against a manager? As long as it takes.

It's been 5.5 wks now and I am still out of work, not collecting a paycheck. In short, this manager did not want me to stay on in her dept with her only claim being that I was not yet ready to work there. That's the manager's decision to make.

How aggressive can I get with HR? You have no standing to get "aggressive" with HR or anyone else in management.

I've been pretty patient so far. I was forced to take an LOA to secure my 6 yrs seniority. I was also told I do qualify for unemployment,which I am considering. I can't imagine why you didn't file for UC benefits right away. If you do file, you won't be eligible for "back" UC benefits - just benefits going forward from the date you filed.

I guess my main question is this: If HR found this manager was justified in her decision not to keep me, wouldn't they have told me this by now? Presumably.

What can possibly be taking so long? I have no idea.

I've kept in touch with HR weekly, just last week they said they still had some investigating to do, not telling me much at all
I want to continue working here even if I have to take another position. I will start interviewing for other positions next week "while HR continues the investigation." I expect looking for a new job is a good idea. It doesn't appear that they have any intention of bringing you back.

Will filing for unemployment or even filing a lawsuit against them (for forcing me to take an LOA (or something) ) prevent me from continued employment there? You should indeed file for UC benefits; that will not have any effect on your continued employment. You have no basis at all to file a lawsuit.

 

[rachel4]

Beth, thanks so much for taking time to respond to my post. Sorry my impatience made you so rude and crabby . I had no idea you guys are volunteers "with families, and lives, etc..." and not manning the forums 24/7. (Now I can get that visual out of my head )

One thing. Of course, you don't know all the facts in my case (and didn't ask either--I know, b/c you're busy), so, with all due respect, you aren't really qualified to say whether I can file a lawsuit or not.

However, I do appreciate the advice and will go forward with it.
thanks,
rachel

 

[cbg]

Rachel, I know more of the facts in the case than Beth does because of our previous conversations, and I don't see a basis for a lawsuit either.

 

[rachel4]

Rachel, I know more of the facts in the case than Beth does because of our previous conversations, and I don't see a basis for a lawsuit either.

Yes, you are correct cbg. But I am also told that if HR decides I was wronged and may return to the dept, I can sue for backwages (if they won't pay me for the time I was out).
On the other hand, if I am terminated at this point, I can sue for wrongful termination. (I know you'll disagree

btw--I've never filed for unemployment before (first and hopefully the last time too). The reps there seemed more than happy to help me, like they were giving it away I never wanted to go that route but it's really not my fault that I'm not working. Hopefully it won't be too long now.
rachel

 

[cbg]

Yes, you're right; I disagree. Because nothing in your posts or in our private conversations suggests that a wrongful termination will have taken place.

A wrongful term means that a specific law has been violated in terming you. Which law do you suggest they will be violating if you are termed?

 

[rachel4]

Yes, you're right; I disagree. Because nothing in your posts or in our private conversations suggests that a wrongful termination will have taken place.

A wrongful term means that a specific law has been violated in terming you. Which law do you suggest they will be violating if you are termed?

Hi cbg. I'm not sure what law specifically, but I am told by a lawyer friend that I can sue for backwages b/c I was terminated wrongfully from this DEPT (not the hospital). They cannot (or won't) tell me the manager followed policy, and a co-worker was found to "defame" me (I guess is the term). Plus, there is another big issue involved. I didn't tell you everything either, it's too complicated!
So. I'll know more later today or tomorrow, after I meet with HR (yikes ).
have a nice day
rachel

 

[cbg]

Being due back wages is not the same thing as a wrongful termination. It's possible to be due back wages without having a valid wrongful termination case.

 

[rachel4]

Being due back wages is not the same thing as a wrongful termination. It's possible to be due back wages without having a valid wrongful termination case.

Yes, I understand (I think ). How long am I supposed to wait for HR to tell me if my complaint was vaild or not? I'm getting the feeling they hope I just take another position and forget about this. cbg, I am NOT a troublemaker!!! I've never sued anyone for ANYTHING. I TRULY TRULY believe I have been wronged here, and I respect myself too much and have worked too hard to let this go.
I resent like hell having to file for unemployment, but how would you feel about being out of work for over 5 wks now--thru no fault of your own?? I half expected unimployment to laugh me out of there with the nursing shortage being what it is right now (thankfully they did not
I think am being too nice, and probably being taken advantage of (again).
Oh well...I hate it when people (like me ) whine...!
stay tuned.

 

[cbg]

Rachel, I understand that you're frustrated, but I simply don't see any violations here. Nothing in the law gives HR a time limit on how long they have to investigate.

 

[rachel4]

Rachel, I understand that you're frustrated, but I simply don't see any violations here. Nothing in the law gives HR a time limit on how long they have to investigate.

Fine. I just don't see how (good) employees can be treated this way. I went to HR for help. I don't think I'm being unreasonable to think 5 wks is long enough. I guess I have no choice but to continue to be patient and in the meantime look at other positions.
Thanks cbg.
rachel