She passed on 2/27/2016 my boss was horrible. I had reviously asked my boss if I could take afternoons off and he said I could take the whole day off or "float" in the mornings. I don't drive and didn't want to make my son get up early and wait for me while I worked Especially in the winter We were already driving to the hospital and nursing home all the time in a failing car. Anyways on the last school day before Christmas I had to bail at the last minute because she had to go to the hospital and I was the health care proxy. Then a while later I had to bail at the last minute to sign her into a nursing home and said so. My boss said "you sure do this a lot on a Friday ". Even though the pre Christmas one was a Wednesday. So I said "You know, she's only going to die once". Really I wish I led the life he thinks i lead. .
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- Thread starter NellieBly
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cbg
I'm a Northern Girl
Okay, Nellie, this is a long shot but I think it's worth your time and trouble.
If you are fired and your union does not back you, run, do not walk, to the nearest employment attorney and discuss everything with him/her. I think an argument could be made for illegal retaliation. The time you spent with your mom could conceivably fall under FMLA, even if FMLA was not discussed. Add that to the time you missed for your cancer (and you are just barely still within the time to file a FMLA violation claim for that) and I think it's worth a shot.
If you are fired and your union does not back you, run, do not walk, to the nearest employment attorney and discuss everything with him/her. I think an argument could be made for illegal retaliation. The time you spent with your mom could conceivably fall under FMLA, even if FMLA was not discussed. Add that to the time you missed for your cancer (and you are just barely still within the time to file a FMLA violation claim for that) and I think it's worth a shot.
Problem is I am only part time and didn't qualify for FMLA. The other thing is that Union Hack lawyer told me that if I was fired I would forfeit the money I paid into my pension. Plus I would never get another job due to the payroll infractions. I didn't think one forfeited the money That doesn't sound legal. They give you the option of quitting first. Thanks for all the time and effort you put into this. I'm so fried. Particularly since they told me I was AWOL when in reality the claimed my son subbed for me. I couldn't prepare a defense.
commentator
Senior Member
One, two three....deep breath here. I'm going to shout, and it takes a lot of energy. DO NOT QUIT. This whole thing sounds like they are trying to get rid of you. DO NOT QUIT. To heck with your pension. That's a scare tactic if I ever heard one. Just smile and say, "My attorney will be in touch!" if anyone, including the union lawyer or whoever else gives you the option to quit or you'll be fired and you'll lose your pension, etc. That's baloney, and they're trying to get rid of you without a fuss.
Do not let them scare you in to going off and resigning without a struggle. They really have no clear cut reason to terminate you, cannot prove the allegations they are making. While you are only part time, if you are terminated, immediately file for unemployment benefits, ( you may qualify, you are in MA, good money, so do file, if terminated, on your way to that lawyer's office) the thought is still the same, they're trying to force a quit by threatening to fire you when they know they don't have real grounds to do so. You cannot make your employer like you and not treat you poorly, but you can hang on and make them show themselves, come right out and fire you if they think they have real grounds. And I'm betting your age is such that if terminated, you might be able to indicate that age might've been a factor in your termination, or possible reprisals for having had to take a lot of sick leave even if it wasn't FMLA, though cbg can probably counsel more on whether that's legal. But meantime, don't get too insulted and hurt to do your job. Just keep showing up, keep doing it, keep coming down on how you did NOT do what they accuse you of doing, and you have proof of that if you are addressed again about the matter. Keep careful records of who you speak to when, what they tell you,etc.
Do not let them scare you in to going off and resigning without a struggle. They really have no clear cut reason to terminate you, cannot prove the allegations they are making. While you are only part time, if you are terminated, immediately file for unemployment benefits, ( you may qualify, you are in MA, good money, so do file, if terminated, on your way to that lawyer's office) the thought is still the same, they're trying to force a quit by threatening to fire you when they know they don't have real grounds to do so. You cannot make your employer like you and not treat you poorly, but you can hang on and make them show themselves, come right out and fire you if they think they have real grounds. And I'm betting your age is such that if terminated, you might be able to indicate that age might've been a factor in your termination, or possible reprisals for having had to take a lot of sick leave even if it wasn't FMLA, though cbg can probably counsel more on whether that's legal. But meantime, don't get too insulted and hurt to do your job. Just keep showing up, keep doing it, keep coming down on how you did NOT do what they accuse you of doing, and you have proof of that if you are addressed again about the matter. Keep careful records of who you speak to when, what they tell you,etc.
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Thank you. Let me tell you I had cancer. I had chemo and my waist length hair fell out and I had two surgeries and food tasted awful and I got a huge radiation burn. All the while sleeping on the floor of my mother's room in case she needed anything. And the worse part of it was dealing with my boss.
cbg
I'm a Northern Girl
That would be up to the judge that hears the case.
commentator
Senior Member
Not at all sure that a personal injury lawyer would be your best choice here. Shop attorneys, do your homework, don't try to take the easy way out by "oh, a friend of mine knows this person..." Will they, if they think you have a solid case and no money, take the case on a contingency basis? That's a good sign. Big fee upfront? Not a good sign.
It drives me nuts when the "tv attorneys" in my area advertise that "It's a proven fact that people who have attorneys collect more $$$ than people who do not!" Heck yeah, because they only accept the cases in which people stand a possibility of getting money. Or those of people who pay them a substantial cash retainer if your chances aren't that good.
So wait, see if the situation upscales. Be sure you are not the one who keeps it going. They've had you in, they've threatened you. Wait and see if they're going to do anything else about what they've threatened. And while still working, and getting the perks of the job, like the people who genuinely appreciate your services, and the money you're being paid, do some quiet research about who might be a good labor issues attorney for you. You haven't had a "personal injury" like in a car wreck or something. You're having a labor issue.
Another word, friend to friend here, keep-a the big mouth shut! DO NOT use your co workers, or even, to some extent, your friends and family as your sounding board, worry aloud or talk about how you've been treated and what you are going to do or have done about it. The more you feed things, the bigger they get.
DO NOT discuss your situation or what management might do with ANY of your co workers or anyone who knows any of your co workers, etc. That's the surest way in the world to keep the situation escalating.
I know you have had a hard time and you see a lot of potential bad things happening, but really, "She spends too much time telling her personal problems to others on the job" is NOT something you need to have said about your work when you are doing a good job and you know it.
You're an army of one, be on your own side instead of rolling over and hoping others will treat you okay because you've had a very hard time and you're a very nice person. You are a nice person, this is true, but you know from reading here that employers aren't required to be nice or to like you or to treat you fairly, and many times they do not.
In fact, life usually doesn't do this for us, and sometimes our ways of relating to others aren't the best for us. I am also a cancer survivor, and I understand that having serious health issues and dealing with bad employers and family issues like elderly parents and uncooperative siblings can certainly leave us drained and anxious. But you can get through this and things will work out.
For your own self esteem and reassurance, you may want to quietly begin exploring possible other jobs in the area that you might get part time like this. I've heard "I'll never find another job...." a few times in this post, and while it's true that as we get older (what age are you, by the way?) and have had health issues we are less and less of an employment prize in the eyes of some employers, there are potential places we might fit in other than the place we are now in.
When people are in a work situation, they tend to get focused in on this situation, but in reality there are other things and a whole other world out there. Best wishes to you moving forward.
It drives me nuts when the "tv attorneys" in my area advertise that "It's a proven fact that people who have attorneys collect more $$$ than people who do not!" Heck yeah, because they only accept the cases in which people stand a possibility of getting money. Or those of people who pay them a substantial cash retainer if your chances aren't that good.
So wait, see if the situation upscales. Be sure you are not the one who keeps it going. They've had you in, they've threatened you. Wait and see if they're going to do anything else about what they've threatened. And while still working, and getting the perks of the job, like the people who genuinely appreciate your services, and the money you're being paid, do some quiet research about who might be a good labor issues attorney for you. You haven't had a "personal injury" like in a car wreck or something. You're having a labor issue.
Another word, friend to friend here, keep-a the big mouth shut! DO NOT use your co workers, or even, to some extent, your friends and family as your sounding board, worry aloud or talk about how you've been treated and what you are going to do or have done about it. The more you feed things, the bigger they get.
DO NOT discuss your situation or what management might do with ANY of your co workers or anyone who knows any of your co workers, etc. That's the surest way in the world to keep the situation escalating.
I know you have had a hard time and you see a lot of potential bad things happening, but really, "She spends too much time telling her personal problems to others on the job" is NOT something you need to have said about your work when you are doing a good job and you know it.
You're an army of one, be on your own side instead of rolling over and hoping others will treat you okay because you've had a very hard time and you're a very nice person. You are a nice person, this is true, but you know from reading here that employers aren't required to be nice or to like you or to treat you fairly, and many times they do not.
In fact, life usually doesn't do this for us, and sometimes our ways of relating to others aren't the best for us. I am also a cancer survivor, and I understand that having serious health issues and dealing with bad employers and family issues like elderly parents and uncooperative siblings can certainly leave us drained and anxious. But you can get through this and things will work out.
For your own self esteem and reassurance, you may want to quietly begin exploring possible other jobs in the area that you might get part time like this. I've heard "I'll never find another job...." a few times in this post, and while it's true that as we get older (what age are you, by the way?) and have had health issues we are less and less of an employment prize in the eyes of some employers, there are potential places we might fit in other than the place we are now in.
When people are in a work situation, they tend to get focused in on this situation, but in reality there are other things and a whole other world out there. Best wishes to you moving forward.
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Yes I know about TV commercial lawyers My son and I comment that instead of cowering when they hear the name of the law firm, defendants merely roll their eyes. We've also kept track of the cities where a certain actor is featured on ads for different lawyers. My friend actually works for one. I seriously wouldn't consider hiring one. One would wonder why the union lawyer did not bring up the questions discussed here. He could have at least interviewed the "witnesses" separately.
And of course disclose how they knew that Italian looking guy was the son of a pale redhead The courtroom TV show saying "assuming facts not in evidence " comes to mind.
By the way can I get unemployment if I am merely suspended? Since it's the end of the year any suspension would start in September. Unemployment money would be nice but I really want to produce evidence at a hearing.
I will not be discussing this with with my compadres any more. At your request.
Again thank you for spending your time and expertise on my problem.
And of course disclose how they knew that Italian looking guy was the son of a pale redhead The courtroom TV show saying "assuming facts not in evidence " comes to mind.
By the way can I get unemployment if I am merely suspended? Since it's the end of the year any suspension would start in September. Unemployment money would be nice but I really want to produce evidence at a hearing.
I will not be discussing this with with my compadres any more. At your request.
Again thank you for spending your time and expertise on my problem.
commentator
Senior Member
Any time that you are off work without pay, as in suspended, you would at that time file for unemployment benefits. The employer can't leave an employee suspended, dangling without an actual termination, and keep them from filing for unemployment, and possibly drawing it. The school system is a direct reimbursing employer, which means that if they fire someone without a good, clear cut well proved misconduct reason and the person is approved for unemployment benefits, they have to pay them on a penny for penny basis. This is naturally something they REALLY REALLY hate to do. And supervisors who fire employees in such a manner that they set the system up to have to pay unemployment and who open the system up to possible lawsuits are very poorly regarded, political appointee or not.
Which is part of the reason I think they are bluffing you and trying to get you to quit, because you have health issues and because your supervisor hates you perhaps, but I do not think they will follow through into actually firing you for something they have this little do go on and this little proof of. They'd eventually think of how likely it would be to have you get approved for unemployment, and you'd also be a very likely candidate, at this age and stage in life, to think of age discrimination issues, and I just do not think the threat to you is as real as you imagine. You say you have been "accused of a crime!" No you haven't. Your feelings are hurt, maybe, you are angry that they did it, but you are not criminally charged with anything and it's not going to ruin your reputation to be falsely accused by a jerk boss even if you don't get a Perry Mason moment in court proving it all to be wrong.
If you are fired, and you file for unemployment, you will get your chance to show all your evidence about whether you were there or not. But otherwise, sit tight.
So you really think they're going to call you back to work in September, or not call you back and tell you that you are "suspended" for something that supposedly happened back in the spring of this year? In unemployment decisions, that would totally kill the validity of your termination for cause. So really, they aren't going to do it, regardless of what they are telling you. (You are keeping records of exactly what they've told you, and when they said this, right? You haven't been calling them up to discuss the matter, have you? Don't you escalate!) Chill out here.
Which is part of the reason I think they are bluffing you and trying to get you to quit, because you have health issues and because your supervisor hates you perhaps, but I do not think they will follow through into actually firing you for something they have this little do go on and this little proof of. They'd eventually think of how likely it would be to have you get approved for unemployment, and you'd also be a very likely candidate, at this age and stage in life, to think of age discrimination issues, and I just do not think the threat to you is as real as you imagine. You say you have been "accused of a crime!" No you haven't. Your feelings are hurt, maybe, you are angry that they did it, but you are not criminally charged with anything and it's not going to ruin your reputation to be falsely accused by a jerk boss even if you don't get a Perry Mason moment in court proving it all to be wrong.
If you are fired, and you file for unemployment, you will get your chance to show all your evidence about whether you were there or not. But otherwise, sit tight.
So you really think they're going to call you back to work in September, or not call you back and tell you that you are "suspended" for something that supposedly happened back in the spring of this year? In unemployment decisions, that would totally kill the validity of your termination for cause. So really, they aren't going to do it, regardless of what they are telling you. (You are keeping records of exactly what they've told you, and when they said this, right? You haven't been calling them up to discuss the matter, have you? Don't you escalate!) Chill out here.
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No I have not called my employer at all. I did however leave a message with the union lawyer stating we gave a copy of my sons ER report to the department head on the day of the hearing and that I knew Mr Union Lawyer Guy didn't care about me. I refrained from telling him that union activist Joe Hill was executed on the testimony of "two witnesses." It's amazing how a lawyer can throw his own client under the bus. Heck I was one of the original union organizers and signed our local's original charter. My name and photo were all over the organizing literature. Another reason for the boss to hate me. By the way I did mention my boss yelling at me for cancer treatment to the previous union lawyer but he didn't seem very knowledgeable . In fact, the union sent us a letter of apology for our "sub par" contract.
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