chynathedragon
Junior Member
What is the name of your state?What is the name of your state? MO
I have a daughter who has Down Syndrome and medical problems. I was eligible for FMLA due to having worked there for 5 years, 1250+ hours per year, 215 employees, etc. etc. Due to her health problems, I had taken intermittent FMLA (reduced hours) to take care of her when a nurse was unavailable, or whatever. Since a while back, my daughter has not needed me at home as much due to regular nursing schedules and her improved health. However, she still needed me to take off work from time to time, and that was ok with work.
To make a long story short, I begun to have health problems myself. I had taken both STD and FMLA previously. I was diagnosed with FMS and a herniated disk. A few months ago, I had back surgery, and took STD. While I was on disability, we got a new department manager AND a new store manager. I was still recovering from the back surgery, and my doctor wanted me to take physical therapy 3 days a week, and told me I had to work very reduced hours. I ran out of STD, and relied upon my FMLA to hold my job. I got a letter telling me within 1 month of the end of my STD that they were terminating my employment. From what I understand, the employer either changed their policy about running FMLA concurrent with STD, or this was their policy, but never informed the employees until the new manager(s) took over. The policy they handed me when I protested was dated October 2003, which was in the middle of my rolling 52 weeks. To make the story better, I filed for unemployment, but they told the department of labor that I voluntarily quit, even though I have a letter in hand that states, "We are terminating your employment"!
1. Do I have any recourse? I've contacted the EEOC, but I'm not sure if this is even the right thing to do.
2. Can they change policy like that in the middle, and make it retroactive?
3. If they have not informed employees of the policy, and a certain behavior is accepted, can it suddenly become unacceptable later when they choose?
4. Can't they get into trouble for lying to the state?
I have a daughter who has Down Syndrome and medical problems. I was eligible for FMLA due to having worked there for 5 years, 1250+ hours per year, 215 employees, etc. etc. Due to her health problems, I had taken intermittent FMLA (reduced hours) to take care of her when a nurse was unavailable, or whatever. Since a while back, my daughter has not needed me at home as much due to regular nursing schedules and her improved health. However, she still needed me to take off work from time to time, and that was ok with work.
To make a long story short, I begun to have health problems myself. I had taken both STD and FMLA previously. I was diagnosed with FMS and a herniated disk. A few months ago, I had back surgery, and took STD. While I was on disability, we got a new department manager AND a new store manager. I was still recovering from the back surgery, and my doctor wanted me to take physical therapy 3 days a week, and told me I had to work very reduced hours. I ran out of STD, and relied upon my FMLA to hold my job. I got a letter telling me within 1 month of the end of my STD that they were terminating my employment. From what I understand, the employer either changed their policy about running FMLA concurrent with STD, or this was their policy, but never informed the employees until the new manager(s) took over. The policy they handed me when I protested was dated October 2003, which was in the middle of my rolling 52 weeks. To make the story better, I filed for unemployment, but they told the department of labor that I voluntarily quit, even though I have a letter in hand that states, "We are terminating your employment"!
1. Do I have any recourse? I've contacted the EEOC, but I'm not sure if this is even the right thing to do.
2. Can they change policy like that in the middle, and make it retroactive?
3. If they have not informed employees of the policy, and a certain behavior is accepted, can it suddenly become unacceptable later when they choose?
4. Can't they get into trouble for lying to the state?