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harassed into quiting

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barbdemlow

Junior Member
What is the name of your state?Indiana I was forced to quit my job for the following reason, my 17 year old daughter was giving birth to her daughter, I have a hospital statement stating that I needed to be there in case of a medical emergancy. (She is underage) I gave my work a 4 hour notice which is all that was required. I was unable to speak to manager as she was not there but another employee agree'd to cover my shift. The manager calls me in my daughters labor/delivery room and tells me to come to work or don't come back, then she changed her mind and said she will put me on a different shift taking my premium shift with overtime away. When I asked who would be taking over my shift she said she would be, because she couldn't depend on anyone else. She never even worked it, she had her assistant to do it and then posted an opening for my shift. In the mean time she scheduled me for a shift that she knew I would not be able to work because of other obligations, then scheduled a meeting for the same time, knowing I couldn't be there. The company put me down as a no call no show voluntarily quit. I was able to recieve unemployment due to being harassed to quit. They tried to appeal and lost, I would like to take this further, do I have a case? Needless to say my daughter was with in earshot of the manager yelling over the phone and had caused emotional stress through the delivery, and an employee to a customer that the manager had made the phone call from with in the lobby of the hospital.
 


cbg

I'm a Northern Girl
I do not agree that you were forced to quit and I do not agree that any illegal harassment took place. As far as it goes, I agree with Belieze - you have no legal recourse. The fact that you were granted unemployment does NOT mean that the company did anything illegal.

However, I have one idea that may provide you with some recourse. It will depend ENTIRELY upon the answers to these questions:

1.) How long have you worked for this employer?
2.) How many employees does your employer have within 75 miles of your location?
3.) In the last 12 months, have you worked a minimum of 1,250 hours?
4.) How much time have you missed for your own or your daughter's medical reasons within the last 12 months?
 

cbg

I'm a Northern Girl
Based on the information contained in your PM (which, quite frankly, I would have preferred you to post here in the thread :) ) it is possible that you may have a claim for a FMLA violation. I say MAY because FMLA is for you to provide care for your qualified dependent; I'm not convinced that requiring you to be at the hospital IN CASE there is an emergency qualifies as caring for her. It would have been different if you had asked for time off after she was released from the hospital - then I'd agree unquestionably that FMLA was appropriate. But it's at least worth a call to the US DOL to see what they say.
 

barbdemlow

Junior Member
reply to a response

I have checked with eeoc, they said that because she is a minor, and lives at home that I qualified for fmla the minute she went into labor, I needed to be there incase there were complications and decisions needed to be made since there was difficulty with the pregnancy. I had arranged to be off 6 months in advance, I was the only employee still working there for any amount of time. when the manager there is mad at someone she throws things around in the office, talks malicious lies about them when they are not there, and tells people she will force that person to quit, so the company wouldn't have to pay for it. I have witnessed this first hand on past employees. That particular night she put me on the spot to where I really felt like I had no other options.
 

cbg

I'm a Northern Girl
The EEOC is not the regulatory agency responsible for FMLA and their opinion is not binding on the DOL, which is.
 

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