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ssturck
03-24-2006, 06:29 AM
Ohio.
I was recently put on suspension from friday to monday. I was told I would be called then, I had to call Wednesday only to find out my employment was termed. I received a certified letter stating that I was tardy (in the beginning I was but after being talked to I changed), uncooperative behavior with employees, unprofessional behavior, and that my job performance was not satisfactory.

Initially, we had a meeting about a new Tech coming to the practice and doctors new toy (laptop) then when asked if any other questions the doctors sister spoke up to me and asked ( angrily) WHY I was checking her work. I am a medical biller and it is my job to send out balances that patients owe and resubmit claims to secondary insurances. I explained, and things got worse. She claimed she was doing most of the insurance ( she posts payments of insurance checks) and with that the doctor spoke up and told the office manager to handle it. She had said the billing had been at its best in a long time. Later that day I was taken in about speaking with his sister and getting things resolved. I had asked if it could be another day as I was upset and may have said a few things inappropriate...was accepted. The following days ( and since Monday) I was talked to by the manager about what was going on as to me being non communicative to my co-workers, I had said I have nothing to say to anyone unless it is work related. She wanted to know why, I had no real reason. I have heard a lot and seen a lot of magazine reading and talking, which I addressed and was told they were still doing their job. I was then told my behavior of not talking and pulling away was not acceptable. I was told I had to start talking to the girls, I said I could not do that, I had nothing to say unless related to work. The manager told me that I had no choice, I was told several times that "I had to do something I did not feel was part of the job description" I was never asked if I could/would try to start up a conversation with the girls. ( I am 44 they are 30 and down). I told her she was asking me to take a giant leap when I needed to start with baby steps. I was angry, I asked her if the other girls were talked to about THEM NOT TALKING to me in the first place. Somehow, this was not the issue. Everything was fine until the doctors sister had an argument with me. I was taken back into the office every day and told I needed to talk to the girls. The office had a lot of tension, I did not see it. I just chose not to speak unless it was about my job. I did talk and I tried in the past to talk and strike up conversations but fell on deaf ears. At lunch they would all be talking and as I entered the room became silent or a bit staunchy, (reading magazines looking out the window or just sheer silence) and when I tried to speak with the girls it was short and to the point as well. I feel that it was over the doctors sister and they found a reason to terminate my employment.

I have been subjected to what I would say is sexual harassment by things my co-worker said the doctor said to her, not only this but by posting email information sent to him about women and how you can get sex from them when you so much as wine and dine and how you just get the back to you when you don't buy the women nice things. I have heard this doctor make fun of overweight people, one for instance a woman of short stature and rather large thighs. The comment was "I bet that thigh has never seen the sunlight" My mother is a large woman and I take offense to this. It is not the first time.
I would like to know if I would have the opportunity for unemployment and how to get a job based on the false discrediation of my work history. I take great pride in knowing I do my job to the best of my ability. I not only do the medical billing, I am a ophthalmic technician, and I set appointments for post cataract surgeries along with Diabetic eye treatments, and coordinate Lasik patients in doing the work-up and I meet with the Drug and Surgical Reps. I feel if I were not able to handle my job well I would not be given this much responsibility. Thank you for your time. Maybe you can shed some light or direct me as to where I might turn for further information.

cbg
03-24-2006, 06:51 AM
You are free to apply for unemployment. Only the state can determine whether you will receive it or not.

Nothing you have posted suggests that you have any kind of legal recourse. What you describe does not meet the legal definition of a wrongful termination.

gjfhrm
03-24-2006, 07:01 AM
From what I can gather from your post there has been no discrimination; neither by gender or sexual harassment.

You can ALWAYS apply for UI benefits. Only the unemployment office can make a determination of cause, and therefore allow or deny benefits.

FYI... sexual harassment must meet criteria in order to be discrimination; i.e., quid pro qou (something for something, "if you dont do this, you wont get that"), creating a hostile environment (unreasonably interferes with work performance), must be deemed "unwelcome" by reasonable person standards.

Unfortunately for many, obesity, or weight in general is not protected (although there may be some states that recognize it as protected, not sure) under Title VII.

I can understand an employer wanting employees to communicate, even about non work things. People dont have to expose personal lives by being cordial. Many people talk about trivial or mundane things at work to ease tension or feel a sense of team and comaraderie. Talk about books or TV shows or shopping or fashion, whatever. As working people we spend 8-12-15 hours a day at work, amongst co-workers. I cant imagine spending all of that time with people and not talking to them. If people talk about things that you dont, politely excuse yourself from the conversation.

Apply for your unemployment and move on.

cbg
03-24-2006, 07:08 AM
Weight is a protected characteristic in the state of Michigan.

Personal appearance is protected in the District of Columbia.

That's it.

gjfhrm
03-24-2006, 07:11 AM
Thanks for that info cbg. Did not know that.

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