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jennsrage
01-13-2006, 09:27 PM
I'm a single parent of 2 girls and no other family.My mother died this past spring from a sudden brief illness. {The year before I had a life threatening event and was dx with a pulmonary embolism--I was on medical leave for 8 weeks) My mother took care of my girls when they were sick, went to appointments, school functioning etc in order that I could work full time to support my kids.
When I returned to work following the funeral I had asked if I could cut down my hours as I needed to take care of estate issues, kids needs etc. I was denied and told to look for an opening at another location within the organization. Nothing came...My annual review was in September and was excellent. I worked my self hard to avoid grieving. Again I stated that I needed one day off a week to take care of appointments with the estate, kids and myself. I was denied. I had lost 25 pounds in 5 months, and pretty soon things went to hell. My kids got sick, one suffering from depression, issues at school, my house was a wreck, ..you name it...then I went into the ditch on my way to work. I couldn't drive it to work as it was shaking badly and the roads were very bad...my supervisor was verbally upset and challenged my ways to get into work, don't you have another car? Can't you get a ride? Can't you borrow a neighbors car,...DON"T YOU HAVE ANYBODY? I don't have anyone to rely on and she knew it. I lost it...had a nervous breakdown and got help--I was told I didn't need to communicate verbally with my supervisor as she left a message on my answering machine wanting to know when OR if I was coming back to work. My doctor faxed the fmla and medical excuse to human resources. (its all the same organization).stating unable to return to work until further notice..will continue to evaluate q 2 weeks for medication managemnt and psychological counseling., I was DX with severe depression and anxiety..because I had not talked with her she put me on the schedule in 2 weeks without me knowing and I was written up for not showing for work and lack of communication with supervisor. The next day my daughter called me on my cell phone while I was at my doctor visit to tell me that a lady from work left a message on the answering machine stating my position had been replaced....just wonderful! I'm tired of the guilt trips and all the drama that I didn't mention that happened along the way. If this is considered wrongful termination in MN,...what should I do.

Marketeer
01-14-2006, 04:42 AM
If you were on FMLA leave, you should not have been terminated. I'd suggest contacting either your state or the federal department of labor about that.

Please note that your employer is under no legal obligation to accommodate anything other than medical leave. They did not have to give you time to deal with your mother's estate or your child care issues.

cbg
01-14-2006, 06:56 AM
...and only required to accomodate medical leave within the limits of FMLA.

jennsrage
01-15-2006, 05:42 PM
I understand that my employer doesn't have to cover estate and child care needs.. I had to put in individual requests and wait for my supervisor to approve those requests, I could only take time off if I had PTO to cover for each instance or the request would be denied. I had put in several requests to decrease my FTE from 1.0 to .8 or would have been willing to drop to even a .5 position. I was denied the decrease by my immediate supervisor. I should also note that I have been the only employee in my office that was denied the ability to decrease my FTE. When is FMLA leave considered to be approved?..once the MD signs the certificate or is it approved by the supervisor once he/she received the signed form?

Marketeer
01-17-2006, 06:25 AM
It appears that you were initially asking to reduce your hours based on your childcare and estate issues, so that was not an FMLA issue. They don't have to reduce your hours for those reasons. Unless you can prove that you weren't allowed to reduce your hours and others were because of a reason that is prohibited by law (i.e., you weren't allowed to do so because of your race, gender, etc.), that's not illegal. It may seem unfair to you, but it's not illegal.

If your company had received your FMLA paperwork, then they are not supposed to fire you because you went on FMLA leave. You need to contact the DOL about that.

jennsrage
01-18-2006, 09:06 AM
FYI- I had sought legal advice and the attorney who I contacted had jumped into action as all documentation proves I was terminated wrongfully. Although I am still dealing with personal issues I have relief that this situation won't happen to my former co-workers...that is something I will be forever grateful for. Not too mention that the attorney took my case free of charge.

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