B
bjleach
Guest
What is the name of your state?Virginia
My situation has two issues but I will try and summarize the best I can.
I have been with a company for 5 1/2 years. I also have moderate/severe Rheumatoid Arthritis which my supervisor has known about since day one. I have been a good employee with no issues/problems until August, 2003 when I hurt my back from lifting some boxes and went out on Workmen's Compensation. When I returned in October, 2003 I was told that the time missed was FMLA and I was given a statement to sign stating that I would not be able to miss anymore time from work (sick leave) or I would not be guaranteed a job when I returned. I understood all but of course with a disease the worse thing you can tell someone is that you can't get sick.
I missed a few days here and there after that but things got worse. I was reduced to 32 hours from 40 hours (company financial problems) and was given more work. I am only the only Administrative Assistant in the front office supporting the President & 2 VP's plus all the administrative work for all the other employees. I was still doing work that my supervisor knew I shouldn't be doing. I was preparing a mailing one day during a major RA Flare (where your body flares with pain) and felt like I had hurt my shoulder. I woke up the next morning in so much pain I immediately called work and told them I thought I hurt my shoulder. I went to the doctor and it ended up being just the RA not an injury to my shoulder. My work reported it to Workmen's Compensation and stated 'oh well--there goes our agreement--probably will be out another 12 weeks'. When it turned out it wasn't from the work injury they asked if I thought my doctor would put me on STD for 12 weeks and I said I am sure I will be fine in a few days.
Well, I was given notice to return to work on Monday, June 28. I called on Friday, June 25 and was told by my supervisor not to report to work on Monday. She stated that this was the worse thing she has ever done and was truly sorry. More work would be coming my way and that they were going to hire two new administrative assistants to replace me. I understood because I had a feeling it was coming. She never mentioned termination but I just figured that it was she meant. My husband overheard the entire conversation and couldn't believe it. She stated that HR would be in touch with me to finalize everything.
Well, as of Wednesday, June 30 I didn't hear anything (they use an offsite HR company) so I figured like usual they were getting everything together. I decided to call to see if I could get my documentation so I could at least file for unemployment until I found another job. I have never been terminated before in my 25 years of working so I was truly upset! Well, HR said they didn't know anything about my termination. They would get back to me. Well in about 10 minutes I was told I was never terminated and I could return to work tomorrow. It was a misunderstanding. I said misunderstanding my _ _ _. Then they asked me to resign. I said 'No' and hung up the phone. I was devastated, angry & hurt. I didn't go to work today (Thursday, July 1) and have not heard a word from anyone.
I feel like this entire termination/resignation was planned to get me upset & frustated enough to quit. I think if I was terminated I might be able to sue them for 'wrongful termination' because of my illness and I believe they didn't want to take a chance.
So what should I do now---resign or wait it out (which I truly can't afford to do for very long)? If I resign can I collect unemploment? Also, do I have any legal recourse from the above if I do resign---harassment, hostile work environment (more than I can tell you) or because of my illness?
Any information you can give me on where to go from here would be appreciated.
My situation has two issues but I will try and summarize the best I can.
I have been with a company for 5 1/2 years. I also have moderate/severe Rheumatoid Arthritis which my supervisor has known about since day one. I have been a good employee with no issues/problems until August, 2003 when I hurt my back from lifting some boxes and went out on Workmen's Compensation. When I returned in October, 2003 I was told that the time missed was FMLA and I was given a statement to sign stating that I would not be able to miss anymore time from work (sick leave) or I would not be guaranteed a job when I returned. I understood all but of course with a disease the worse thing you can tell someone is that you can't get sick.
I missed a few days here and there after that but things got worse. I was reduced to 32 hours from 40 hours (company financial problems) and was given more work. I am only the only Administrative Assistant in the front office supporting the President & 2 VP's plus all the administrative work for all the other employees. I was still doing work that my supervisor knew I shouldn't be doing. I was preparing a mailing one day during a major RA Flare (where your body flares with pain) and felt like I had hurt my shoulder. I woke up the next morning in so much pain I immediately called work and told them I thought I hurt my shoulder. I went to the doctor and it ended up being just the RA not an injury to my shoulder. My work reported it to Workmen's Compensation and stated 'oh well--there goes our agreement--probably will be out another 12 weeks'. When it turned out it wasn't from the work injury they asked if I thought my doctor would put me on STD for 12 weeks and I said I am sure I will be fine in a few days.
Well, I was given notice to return to work on Monday, June 28. I called on Friday, June 25 and was told by my supervisor not to report to work on Monday. She stated that this was the worse thing she has ever done and was truly sorry. More work would be coming my way and that they were going to hire two new administrative assistants to replace me. I understood because I had a feeling it was coming. She never mentioned termination but I just figured that it was she meant. My husband overheard the entire conversation and couldn't believe it. She stated that HR would be in touch with me to finalize everything.
Well, as of Wednesday, June 30 I didn't hear anything (they use an offsite HR company) so I figured like usual they were getting everything together. I decided to call to see if I could get my documentation so I could at least file for unemployment until I found another job. I have never been terminated before in my 25 years of working so I was truly upset! Well, HR said they didn't know anything about my termination. They would get back to me. Well in about 10 minutes I was told I was never terminated and I could return to work tomorrow. It was a misunderstanding. I said misunderstanding my _ _ _. Then they asked me to resign. I said 'No' and hung up the phone. I was devastated, angry & hurt. I didn't go to work today (Thursday, July 1) and have not heard a word from anyone.
I feel like this entire termination/resignation was planned to get me upset & frustated enough to quit. I think if I was terminated I might be able to sue them for 'wrongful termination' because of my illness and I believe they didn't want to take a chance.
So what should I do now---resign or wait it out (which I truly can't afford to do for very long)? If I resign can I collect unemploment? Also, do I have any legal recourse from the above if I do resign---harassment, hostile work environment (more than I can tell you) or because of my illness?
Any information you can give me on where to go from here would be appreciated.