Wife Quit Her Job Yesterday
Wife gave a three week notice yesterday. Employeer wouldn't give her 6 weeks of FMLA time for the birth of our child. Their interpretation of the policy was different than ours. They said she could only use 1 week. The other 11 were used while recovering from a surgury last October and this July). So rather than only taking 1 week off, she turned in a very polite and respectful letter of resignation.
She could have pushed the FMLA issue. She could have forced them or dared them to fire her after taking 6 weeks off, but she was still wanting to leave open the possibility of part time work and a good recommendation if needed. She chose not to raise any issues other than say she is quitting to raise our child.
The manager's response was "So this is who you're going to go out?"
He's screwed because he is 4 people in the hole now. He was authorized to hire one last spring, but never did. Another person quit while going down a path of personal distruction (replaement in training), and another is retiring in 3 weeks (no replacement hired yet). Only one person is in training. No one can take a vacation unless they can find someone to fill their spot.
"So this is how you're going out?"
With a response like that, I don't think she is going to get any kind of positive recommendation from the guy. He let her know that part time work is out of the question.
No, I'm not saying the place can't run without her. It will run, but it hasn't ran very smoothly since "Jim" came to run the shop. Moral is low and it's going to get lower as they enter a perpetuale training mode.
Maybe he would have been better off to have given the FMLA. Maybe 6 weeks would have been better than the unknowns of hiring and training someone else. In his arrogance, he chooses to blame his employees for his labor shortage. I bet he still thinks he's right. A manager that doesn't respect his employees can really make a mess of a shop.
She could have pushed the FMLA issue. She could have forced them or dared them to fire her after taking 6 weeks off, but she was still wanting to leave open the possibility of part time work and a good recommendation if needed. She chose not to raise any issues other than say she is quitting to raise our child.
The manager's response was "So this is who you're going to go out?"
He's screwed because he is 4 people in the hole now. He was authorized to hire one last spring, but never did. Another person quit while going down a path of personal distruction (replaement in training), and another is retiring in 3 weeks (no replacement hired yet). Only one person is in training. No one can take a vacation unless they can find someone to fill their spot.
"So this is how you're going out?"
With a response like that, I don't think she is going to get any kind of positive recommendation from the guy. He let her know that part time work is out of the question.
No, I'm not saying the place can't run without her. It will run, but it hasn't ran very smoothly since "Jim" came to run the shop. Moral is low and it's going to get lower as they enter a perpetuale training mode.
Maybe he would have been better off to have given the FMLA. Maybe 6 weeks would have been better than the unknowns of hiring and training someone else. In his arrogance, he chooses to blame his employees for his labor shortage. I bet he still thinks he's right. A manager that doesn't respect his employees can really make a mess of a shop.
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She should definitely consult a lawyer, file the fmla paperwork(have the lawyer draft it up with a doctor if necessary) and let them fire her. The sue them for unlawful firing. If she just stands up to them they are wrong and the law will back her up. I have done exactly this at work. Luckily in my case, they realized i was about to retire off the lawsuit i was gonna win, and they didn't fire me. If she quits she has no case. 0 -
I understand.
My wife left her most recent job because she wanted to go back to school. She begged and begged her boss for over a year to give her some flex-time (letting her leave a half-hour early on Wednesdays). They refused time and time again. So, she quit.
Meanwhile, the place has been going through nurses like they're going out of style. They keep asking her if she'll come back, she keeps refusing because now she's in school on a fast-track schedule and has zero time for much else.
At the job prior to that, she was fired. They didn't consider her a "team" player. Yet, after firing her, they called her for months afterwards to find out how to do this or how to order that. I told her to tell them to screw themselves, let them figure it out and she shouldn't be a team player after they fired her. She, however, decided to help them.
She's a better person than I am.
Your wife's soon-to-be-ex-boss is a retard.0 -
quote:Originally posted by LKB3rd
She should definitely consult a lawyer, file the fmla paperwork(have the lawyer draft it up with a doctor if necessary) and let them fire her. The sue them for unlawful firing. If she just stands up to them they are wrong and the law will back her up. I have done exactly this at work. Luckily in my case, they realized i was about to retire off the lawsuit i was gonna win, and they didn't fire me. If she quits she has no case.
Colorado is an employ/fire-at-will state. It is very, very difficult to win a wrongful termination suit in this state.0 -
quote:I told her to tell them to screw themselves, let them figure it out and she shouldn't be a team player after they fired her. She, however, decided to help them.
Then she should have billed them as a consultant.[}:)]
quote:She's a better person than I am.
Yes and she is a lot better looking too![^]0 -
quote:Originally posted by LKB3rd
She should definitely consult a lawyer, file the fmla paperwork(have the lawyer draft it up with a doctor if necessary) and let them fire her. The sue them for unlawful firing. If she just stands up to them they are wrong and the law will back her up. I have done exactly this at work. Luckily in my case, they realized i was about to retire off the lawsuit i was gonna win, and they didn't fire me. If she quits she has no case.
Nah, she did the right thing. Sounds like a pretty wise young lady.
Who knows, he may be "outta there" before long, and she could go back later on to a new boss and a better situation. I admire her for wanting to raise her family as her priority and I bet you guys will be blessed and get along just fine. I am hoping so. Good luck!
F.0 -
quote:Originally posted by He Dog
quote:I told her to tell them to screw themselves, let them figure it out and she shouldn't be a team player after they fired her. She, however, decided to help them.
Then she should have billed them as a consultant.[}:)]
quote:She's a better person than I am.
Yes and she is a lot better looking too![^]
She absolutely is a lot better looking than I am. I often wonder why she chose me. She could have had her pick of just about anyone.
I, OTOH, consider myself about as lucky as a guy can get.0 -
quote:Originally posted by spanielsells
quote:Originally posted by LKB3rd
She should definitely consult a lawyer, file the fmla paperwork(have the lawyer draft it up with a doctor if necessary) and let them fire her. The sue them for unlawful firing. If she just stands up to them they are wrong and the law will back her up. I have done exactly this at work. Luckily in my case, they realized i was about to retire off the lawsuit i was gonna win, and they didn't fire me. If she quits she has no case.
Colorado is an employ/fire-at-will state. It is very, very difficult to win a wrongful termination suit in this state.
FMLA laws are very clear, and if they fire her for missing work when she is covered by FMLA, and gets a good attorney (mine took my case on contingency) she should be able to win. My state is employ at will as well, but FMLA still works here.
http://www.boston.com/jobs/nehra/012004.shtml
"Family Medical Leave Act
It is unlawful to discharge any employee who is involved in a proceeding concerning the Family Medical Leave Act (FMLA), or to deny an employee Family Leave time by discharging or threatening to discharge an employee. The FMLA has been expanded in Massachusetts, which enacted the Small Necessities Leave Act (SNLA) which allows parents to exercise 24 hours of leave within a 12-month period to attend school functions, routine medical or dental appointments for themselves or a child, or to accompany an elderly relative to medical or dental visits or for general elder care.
So, for example, if an employer terminates an employee because she has missed a few hours of work on several occasions for her child's pediatric check-ups and for visiting a prospective nursing home for her mother, that employee could then sue the employer for failing to comply with the SNLA.
Learn more about the FMLA on the US Department of Labor site. Learn more about the SNLA on the Massachusetts Trial Court Law Libraries site."
That is in MA, which is also employ at will.0 -
Sounds like it was a crappy environment to have to work in anyhow, but it still sucks she had to let go like that. Been there, in the "Quit or Get Fired" situation myself, chose to quit. Only later did I realize that I was just staying because I loved my work, but I hated how I was told to do it.
If she believes that everything happens for a reason, something better wil come up.[;)]0 -
quote:Originally posted by rcrxs old lady
Sounds like it was a crappy environment to have to work in anyhow, but it still sucks she had to let go like that. Been there, in the "Quit or Get Fired" situation myself, chose to quit. Only later did I realize that I was just staying because I loved my work, but I hated how I was told to do it, and even if I did file a "wrongful termination" suit, I still wouldn't want to go back.
If she believes that everything happens for a reason, something better wil come up.[;)]0 -
Something better always comes up, so far anyway. 0 -
doesn't look like she's going to get a good recommendation, I wouldn't count on it when figuring your plans. 0 -
I believe that you are only allowed 12 weeks of FMLA during a calendar year. That being said, they should've let her have the 6 weeks. Sounds like they will miss her. 0 -
Her boss may take one position but the personnel manager has to be familiar with the FMLA. 0 -
Yes it is 12 weeks of FMLA in 1 year, and yes, an employer can require some vacation be used and yes person injury or as some call it short term disability can be counted for FMLA if an employer's policy is all written in such a manner. Thesticking point was defining one year. The department of labor gives several examples of what 1 yea can mean, such as Jan 1, fiscal year, or a revolting calander year. This employer's FMLA policy states it as one year from the date of your first time off. It does not state it to be a revolving 1 year. My wife's first surgery was in March. Therefore one can read the policy as literally stating that she has 12 weeks in one year that starts in March.
He reads it as a revolving one year. Funny how some manager's like to read the rules to the letter, when it applies to them, or read it how they what to when necessary. She got the job through a relative and a lawsuit might not be the best for family relations and the politics of the relative. Besides what can it pay? Lost wages? Does she really want the job after that ordeal.
Actually, I WANT her to quit. She wanted to stay. She's been bumbed about it.0 -
...Well something better will come along for ya'll Im sure. Isnt this about the thread where ya'll are "getting" a baby vs "having" it?
...Glad ya'll didn't attempt a lawsuit, might very well have been a nerve wrecking exercise in futility under the circumstances...and ya'll really dont need THAT with a new little one arriving soon; and a lawsuit would have cinched a very bad recommendation for sure that might have had some long coat tails depending on what field she is in.
With the PC crap here (Texas, maybe Federal?), if a prospective employer called me about an X employee, I was by law required to NOT say anything negative about that X employee...unless the caller asked a specific question. If the X had been a thief, liar, or a blatantly azz wipe employee, I volunteered the info, scu-reew the law! I did not want some other poor employer getting stuck with some dud!
...Texas is a fire at will, or whatever, and I fired several at will the first few years I was in business; or rather THEY fired themselves. I had one guy fire himself on Christmas eve...and no, I was not a "bad" boss at all.
...My good employees were 110% loyal and were unbelieveable great people who regularly went above and beyond for my Co. My employees were paid on the average (not counting "freebie" trips, and bonuses)
50% more for what they did than what they could have gotten paid doing the same thing anywhere in the metroplex.
...If an employee had an illness or any other major problem, or a family memeber was ill, extended family too; pretty much anything that impacted their lives pretty hard...and needed more than 2 days off, I paid them just as if they were at work, be it 3 days or 3 months they needed off.
...When I started the Co., my Dad (R.I.P.) drummed into my thick head that if "good employees are treated well, you will prosper, and don't ever forget "why" you prospered"...I listened, prospered, and never forgot why. I always shared the Co wealth with my employees, always. When I sold the Co in 2000, the newest employee had been with me for 10 years, the longest from day one...a little over 30 years. I still keep in touch with most all of them, and miss them everyday, and thank God for sending them my way...[;)]
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quote:Originally posted by COLT
...Well something better will come along for ya'll Im sure. Isnt this about the thread where ya'll are "getting" a baby vs "having" it?
...Glad ya'll didn't attempt a lawsuit, might very well have been a nerve wrecking exercise in futility under the circumstances...and ya'll really dont need THAT with a new little one arriving soon; and a lawsuit would have cinched a very bad recommendation for sure that might have had some long coat tails depending on what field she is in.
With the PC crap here (Texas, maybe Federal?), if a prospective employer called me about an X employee, I was by law required to NOT say anything negative about that X employee...unless the caller asked a specific question. If the X had been a thief, liar, or a blatantly azz wipe employee, I volunteered the info, scu-reew the law! I did not want some other poor employer getting stuck with some dud!
...Texas is a fire at will, or whatever, and I fired several at will the first few years I was in business; or rather THEY fired themselves. I had one guy fire himself on Christmas eve...and no, I was not a "bad" boss at all.
...My good employees were 110% loyal and were unbelieveable great people who regularly went above and beyond for my Co. My employees were paid on the average (not counting "freebie" trips, and bonuses)
50% more for what they did than what they could have gotten paid doing the same thing anywhere in the metroplex.
...If an employee had an illness or any other major problem, or a family memeber was ill, extended family too; pretty much anything that impacted their lives pretty hard...and needed more than 2 days off, I paid them just as if they were at work, be it 3 days or 3 months they needed off.
...When I started the Co., my Dad (R.I.P.) drummed into my thick head that if "good employees are treated well, you will prosper, and don't ever forget "why" you prospered"...I listened, prospered, and never forgot why. I always shared the Co wealth with my employees, always. When I sold the Co in 2000, the newest employee had been with me for 10 years, the longest from day one...a little over 30 years. I still keep in touch with most all of them, and miss them everyday, and thank God for sending them my way...[;)]
You are right here. I learned this in the Army. You take care of your soldiers and they'll take care of you. My soldiers made me shine. This is something that alot of corporations have forgotten. They prefer the whip and chain method to get things done.0 -
quote:Originally posted by sarge_3ad
quote:Originally posted by COLT
...Well something better will come along for ya'll Im sure. Isnt this about the thread where ya'll are "getting" a baby vs "having" it?
...Glad ya'll didn't attempt a lawsuit, might very well have been a nerve wrecking exercise in futility under the circumstances...and ya'll really dont need THAT with a new little one arriving soon; and a lawsuit would have cinched a very bad recommendation for sure that might have had some long coat tails depending on what field she is in.
With the PC crap here (Texas, maybe Federal?), if a prospective employer called me about an X employee, I was by law required to NOT say anything negative about that X employee...unless the caller asked a specific question. If the X had been a thief, liar, or a blatantly azz wipe employee, I volunteered the info, scu-reew the law! I did not want some other poor employer getting stuck with some dud!
...Texas is a fire at will, or whatever, and I fired several at will the first few years I was in business; or rather THEY fired themselves. I had one guy fire himself on Christmas eve...and no, I was not a "bad" boss at all.
...My good employees were 110% loyal and were unbelieveable great people who regularly went above and beyond for my Co. My employees were paid on the average (not counting "freebie" trips, and bonuses)
50% more for what they did than what they could have gotten paid doing the same thing anywhere in the metroplex.
...If an employee had an illness or any other major problem, or a family memeber was ill, extended family too; pretty much anything that impacted their lives pretty hard...and needed more than 2 days off, I paid them just as if they were at work, be it 3 days or 3 months they needed off.
...When I started the Co., my Dad (R.I.P.) drummed into my thick head that if "good employees are treated well, you will prosper, and don't ever forget "why" you prospered"...I listened, prospered, and never forgot why. I always shared the Co wealth with my employees, always. When I sold the Co in 2000, the newest employee had been with me for 10 years, the longest from day one...a little over 30 years. I still keep in touch with most all of them, and miss them everyday, and thank God for sending them my way...[;)]
You are right here. I learned this in the Army. You take care of your soldiers and they'll take care of you. My soldiers made me shine. This is something that alot of corporations have forgotten. They prefer the whip and chain method to get things done.
I've done that in every supervisory position that I've ever had. You keep your "teammates" happy, and they'll go out of their way to do things right and make you happy.
And, when they do things wrong, you tell them, but respectfully. Always start off by telling them what they did right.0 -
Pursue the FMLA some more. Call the state's labor relation board. Have her get fired so she can get unemployment at the least. 0 -
quote:So this is how you're going out?" Her response should have been "Nope. I just decided TODAY will be my last day!"[:D][:D] 0
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