wrongful attepted termination?

[imasap]

What is the name of your state?
IL
I work for a health clinic (approx. 22 employees) for almost 2 yrs. and have always gone above and beyond to help any way I possibly could.
This past summer, a week before I was to give birth to our first child (married 14yrs.), the company announced they would be discontinuing insurance to all dependants (only covering employees, others would be at our own full cost). What a thing to worry about just before a major life event! Nonetheless, the company was very considerate, and covered my child and husband for the next 6 months, but asked that I work overtime Saturdays to make up the cost difference. I agreed, although specific hours were not set, so every week I would have to ask. I was later asked if I would be interested in a Supervisor type of position and Train co-workers on the new computer systems we would be getting in Jan. 2005. I agreed.
However, even though it was overtime pay, it wasn't enough hours/pay to cover the cost (this is what I was told when I asked why the ins. wasn't being taken out of my check), so they asked for 8 hours instead of 4 hours. I had a problem with this. I had a long awaited newborn at home and was working 6 days a week...it was just too much...and I nicely let them know. Then everything changed.
When I asked about some of the other duties I had been assigned, I was told I was "more valuable on the floor" (ie, do my primary job). Fine. When we changed Lab Company's, I was chosen to be trained, to train others, leaving me with the impression the other changes were still going to take place.
Then I realized almost all our communications had pretty much ceased, which caused confusion for me...what happened? This went on for about a month...I admit I became a little more withdrawn, but it was a situation in which either I or they were too busy to pull the boss aside and talk it out.
Then, out of the blue, I am told they have complaints about me...petty complaints. I was rushed one day and instead of replying nicely to a co-worker it was a little short, but not mean or anything...and when I set down a heavy file, it kind of "thumped" and I was accused of "throwing charts"...I mean these are really petty complaints. Unbelievable! But, I was written up anyway. So, now I am extremely confused and very upset.
I was told I can put my concerns and/or response in writing...so I did.
It wasn't mean, it just told it like it is...it included a lot of the inappropriate things I've seen go on by co-workers, that I felt my co-workers noticed the extra responsibilities I had been given and were jealous and therefore not as "friendly" as they were before, a request to see my personnel file and a question as to whether they would prefer me to leave the company, as this was the impression they were giving me.
They are now furious! I think mostly because of the request to see my file, or because I named some of the more "favored" employees in their wrong doings, I'm not sure. All I do know...they have told me a lot of things these last six months about how I was going to be promoted and help with the new computer system, personal things about themselves and/or employees (which I really didn't care to know), etc. I've been told that I have now involved the Dept. of Labor and OSHA (from my response letter) and that I just "don't have a clue" as to what I've done. This from a boss who says one thing and does another, who is in court right now for several wrongful termination suits...I guess I should've known better than to get so involved with my job, but I loved the job and wanted to give them the benefit of the doubt.
After a week of this mess going back and forth, I'm now stressed beyond belief! They have contacted the Dept. of Labor and a Lawyer...and I don't even know what for...do they fear I'm going to sue them for something?
I haven't been able to sleep, have constant naseau, feel "jittery" all the time (nervous) and went to a Dr. only to be diagnosed with severe depression that escaped notice post-partum (I think I was so involved with work and our child, that the depression was covered up by everything else). So, I am off work for a week or two. What to do?
My employer was notified Friday by the Dr.'s office, but I paged them this morning to let them know what was going on, no response. Then, a couple hours later, a call from my Dr., my employer called trying to get info. and stated I may be suicidal, a threat to myself or others and that I might have a gun in the house! My Dr. informed me of confidentiality rights and I told him I'd call my employer myself to inform them of the treatment of depression, I had tried to call them earlier that day anyway! I just can't believe this! Is this what happens when an employer tries to force someone out? I can't help but ask "what happened" that they turned on me all of the sudden! I was told today that my records are now available, and that I'd be "surprised"...what if they altered anything? I do believe, now, that they have before.
I just don't know what to do...I don't feel I can go back anymore, I don't think they even want me back...but jobs are slim pickens these days and how do I look for a job while being treated for depression--wouldn't that be a great interview!?
Would I qualify for any kind of disability or unemployment?
Do I have any other rights I'm not aware of?
(there's much more to this, but I've tried to condense it as much as possible for you...sorry so long!)

Like my sign on name...I'm a sap!
(far too gullable and always trying to please everyone else!)
Thanks!

 

[Katy W.]

Where to start.

What action by your employer are you calling attempted termination?

Look at this for a second from your employer's view: he was grooming you for promotion. You indicated that you could not put in the number of hours he needed you to work for that job.He backed off on your promotion. You were written up for petty things but no adverse job action was taken. You wrote a letter which may have contained allegations that laws were being broken on your job, and definitely contained statements disparaging your co-workers. Various people became upset, including yourself, and you became sick. telling your employer you were depressed. He called your doctor with concerns about your safety. It appears that most of your grievances have been caused by actions that you initiated.

Questions you asked: how do you hunt for a job being treated with depression? The same way you would hunt for a job under any other circumstance. Your depression should never come up in an interview, why would it?

Unemployment: Not a chance, if you quit. Disability: you can get it if you are disabled, which this does not sound like. Your doctor would have to help you on this. The process takes at least 6 months and usually longer.

Do you have any other rights? No. In order to be discriminated against your employer has to take an adverse job action against you based on sex, age, disability, pregnancy, religion, origin, etc. No hint of that here. Sorry but my advice is to not work 6 days a week at a job that makes you ill with a newborn at home. They don't stay that age very long.

 

[Beth3]

It would be interesting to hear your employer's side of the story, as there likely is more to this than you you are relating. For one thing, I have no idea what you mean when you say your employer has called the Department of Labor. Employers don't call the DOL to "report" employees. The only reason an employer would contact the DOL is to inquire about a compliance issue or clarification regarding an ERISA benefits plan or a law the DOL oversees. And even then, an employer would be FAR more likely to ask their own attorney than to call the DOL.

You were disciplined for "thumping" a file on a co-workers desk and being ill-tempered towards him or her. They're free to do that. You made a huge misstep in how you responded, which was by writing a lengthy narrative in which you pointed fingers at everybody else and listed from your viewpoint all the things that are wrong in the workplace, rather than just stick to an explanation of the file incident. Of course your employer and your co-workers are ticked off.

I don't see that your employer has done anything unlawful. If your current medical condition prevents you from being at work, then apply for medical leave and disability benefits with your employer as company policy/practice dictates. No, you do not qualify for unemployment benefits - you have to be able to work and actively looking for work in order to do so.

P.S. It was not unlawful for your employer to contact your physician and share information with him or her. Confidentiality laws apply to what your physician can share with them.

 

[BelizeBreeze]

This sounds more like a hormone problem than a legal problem