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Am I being harassed now?

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What is the name of your state? Maine
Back in may I had asked about my termination from a workplace. I was terminated because I was told I had no medical leave left to use after my daughter had undergone treatment for cancer. I gave my employer notice that I was diagnosed with a tumor in my kidney, and it needed to be removed as soon as possible ( doctor said ), three weeks before my surgery was scheduled. On the day I told them of my condition, I was told I'd be terminated on or about June 13th, if I was to have the surgery. I was told to either quit or resign. After thinking about it I told them I would not do neither. After three meetings with my HR and supervisor, I had asked about the absentee time writen up in the employee handbook. It states "case by case" for an excusable absence. Being surgery a excusable absence from work. I was told they would have to bend the rules, and if they did for me they would have to do for others. Then I was told from my supervisor and I quote " it sucks being you". Well, I had my surgery on June 3rd, And did not leave the hospital until June 9th. The following week I couldn't hardly move much. Not anyone from my work place called or sent message to me concerning my job ( co-workers yes, mangement no ), but then again I was being terminated the 13th. I did finally receive by registered mail, a termination notice. Dated June 20th. To where they had writen down as my termination date June 7th. and also stated I had no personal or sick time left. I was still in the hospital. After I had found that there was nothing I could do about it, I decided to leave it be. I tried to transfer my 401 account around the 25th, I was told by the investment co. I was still an active employee. My position was advertised and filled before the end of June, plus I didn't have a job since the 7th. Again I just let it be, and went on with trying to get my life back on track. At the end of the month I received in the mail my pay for my sick and personal time, to which they said I didn't have. This extra time would have covered my absence for the first week. My doctor finally released me to regular duty type work on July 20th. So I applied for my unemployment benifits. I had to do alot of paperwork and have all my doctors records copied and sent to the unemployment office. After a few weeks I was granted my benifits when it was proven I did not leave voluntarily, but was terminated due to a medical condition. Now heres the good part, after receiving 3 checks, and a day before appeal time had lapsed my former employer appealed it. They stated I quit my job, said I was asking for full FML, said I didn't contact my supervisor or HR concerning my health ( which was none of their business after June 7th.). I wasn't employed there anymore. Said they held my job for a month. Everything they have stated, I have proof and documentation from them showing otherwise. I have lined up a job in another state (Arizona), but now I have to stay and go through hearings with the unemployment board. Also I'm not sure if I will have that job still opened for me whenever I'm done with the hearings. I would like to know why a company would do this? Is this a form of harassment? And if so what could be done about it? I think I've taken enough of their "BS" and I would like it to stop.
 


Beth3

Senior Member
I can see why you're plenty aggravated but no, it's not a form of prohibited harassment. It's just their version vs. yours. If they're telling a different story than their letters to you do though, you should have an easy case to win.

You may want to inquire whether you can testify via phone. That is quite common in areas where a UC office services a large geograpical area. If you can do that, you can move and start the new job and still pursue your UC benefits. You'll need to submit copies of anything you want to enter as evidence at the hearing in advance.
 

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