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New Message Board Archives >> 2005 General Board Posts >> My job is "no longer available to" me
(Message started by: JenniferD on Nov 16th, 2005, 1:31am)

Title: My job is "no longer available to" me
Post by JenniferD on Nov 16th, 2005, 1:31am
That is what my now EX boss said. Seems she can't remember putting in her day planner that I would be back in 3 weeks and that I would be out only temporarily.

Seems she can't remember that part of our conversation when she said she would keep the temp receptionist and hire someone to fill in for me while I am out cuz of this CH and meds crap.

She said my job is no longer available to me, but I can come back as the receptionist (of course at lower pay) when I do come back, but my job is no longer available to me.

oh, and my paycheck I went to pick up?  it was never even made out.. she said i used up more days than i was entitled to and I owe her money.

I TOLD YOU GUYS SHE WAS PLANNING THIS!

So I very calmly told her I would be in to pick up my things, and hung up the phone. I will not ever work for a conniving liar.

Title: Re: My job is "no longer available to" m
Post by JenniferD on Nov 16th, 2005, 1:40am
This is  a very small office. The beauty part is that most of this has been documented in a strange way... to my good very friend.....thru emails.....on an ongoing basis..
to the owner's daughter.  :)

Title: Re: My job is "no longer available to" m
Post by Carl_D on Nov 16th, 2005, 3:05am
That just plain sucks Jennifer! There oughta be a law...
 >:(

Sending coping vibes and hugs,
Carl D

Title: Re: My job is "no longer available to" m
Post by zanychef on Nov 16th, 2005, 3:43am
that sucks big time!!! >:( >:( >:(
give her hell jenn
zany

Title: Re: My job is "no longer available to" m
Post by AussieBrian on Nov 16th, 2005, 4:04am
Good job waiting for you right here, Jen. Start tomorrow.

http://www.ozoutback.com.au/postcards/postcards_forms/tsi_dauan_boigu/

(singing) Summertime, and the livin' is easy.  Fish are jumpin'....

Just bring a change of clothes and leave your troubles behind.

Title: Re: My job is "no longer available to" m
Post by Redd715 on Nov 16th, 2005, 7:13am
That's precicely what happened to me.  My position in sales was no longer available, but I could come back in a much lower paying position with crappy hours.  

Thats a "work at will" state for ya.  It's well within the law.  Still sucks though.

Title: Re: My job is "no longer available to" m
Post by Langa on Nov 16th, 2005, 7:28am
Sorry Jen...

Keep your head up girl...something better will come along...

Langa

Title: Re: My job is "no longer available to" m
Post by JenniferD on Nov 16th, 2005, 7:30am
g'morning redd.
Yeah, I remember you telling me that in my other post about this- when she (the boss) was setting this all up to happen.
the final slap in the face was "offering" me a job she knew i hated.
what really pisses me off about it is that she so blatantly lied about it all and I knew and there really isn't a damn thing I can do about it.
The minute she started talking on the phone, I knew her tone- and I knew she'd gotten all her "ducks in a row" so I said screw it. I've seen her in action before when she is out to "get" someone and this time it was me. I don't need her shit, and I certainly don't need THAT job. There are other jobs, I am a smart, resourceful woman, with (believe it or not!) a great attitude and  a lot to offer.
Still sucks big time cuz I sure don't need the stress- makes owies get rough and sleep a little hard to get. Was still up at 3:30 and this damn  shadowy crap all night long (nothing I can't handle though)

So.... what goes around comes around, right?


Title: Re: My job is "no longer available to" m
Post by Lizzie2 on Nov 16th, 2005, 7:38am

on 11/16/05 at 01:36:43, KingOfPain wrote:
:o

Call back your Boss, record the conversation.
If you go to work site, record any conversations
there too.

Document everything, every detail you can remember.

Get a lawyer, ASAP!


If you record the conversation, make sure you state to the other person that you're recording it, though!  It's illegal to record a conversation without the other person's knowledge.

Trust me, I know.  We're going through this one at work right now.  You wouldn't believe the story.  But HIPAA prevents me from sharing it.   [smiley=laugh.gif]

Hang tough and sue her...sounds like a real jerk!

Hugz,
Carrie :)

Title: Re: My job is "no longer available to" m
Post by Langa on Nov 16th, 2005, 7:40am

Quote:
I don't need her shit, and I certainly don't need THAT job. There are other jobs, I am a smart, resourceful woman, with (believe it or not!) a great attitude and  a lot to offer.  


Atta Girl!

Besides, if you can survive CH, this will be a piece of cake...or a piece of donut?  ;)

Hugs,
Langa

Title: Re: My job is "no longer available to" m
Post by deltadarlin on Nov 16th, 2005, 8:16am

on 11/16/05 at 01:31:03, JenniferD wrote:
oh, and my paycheck I went to pick up?  it was never even made out.. she said i used up more days than i was entitled to and I owe her money.


And what she's feeding you here is a load of sh*t.  She is violating the law by witholding your pay.  There is NO way that you can owe her money.  Rather than tape her over the phone, see if you can go in and talk to her in person.  Tell her that you really need to talk to her about some things in the office.  Then when you get in to talk to her, bring up the situation about your paycheck.  Hopefully she will be stupid enough to repeat herself.  You CAN tape this type of conversation (face to face) without her knowledge and not be violating any law.

If the company employs under 50 people, FMLA won't apply.   Apply for unemployment too.  AND, do find an attorney about her witholding your paycheck.

'darlin

Title: Re: My job is "no longer available to" m
Post by Woobie on Nov 16th, 2005, 8:18am
I believe firmly that everything happens for a reason.   You will get a BETTER job - and be HAPPIER.  Watch!

I was fired from my job because I got robbed.  Does that make sense?   I got robbed, and they thought this was somehow MY fault.   They had it on tape - they saw what happened - but fired me anyway.  "company policy".   I was so pissed and thought I was gonna sue and blah blah blah.

I ended up getting into a better career - and a better job and am happier.  
Fuck them - I'm better off for the whole thing.

You'll find something better!

good luck
Tina

Title: Re: My job is "no longer available to" m
Post by vig on Nov 16th, 2005, 8:31am

on 11/16/05 at 07:38:14, Lizzie2 wrote:
If you record the conversation, make sure you state to the other person that you're recording it, though!  It's illegal to record a conversation without the other person's knowledge.

:)

depends what state you are in....

These 12 are the only that require BOTH parties consent:
California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington

That's what got Linda Tripp in trouble with recording of Monica Lewinsky's calls; Monica was in Maryland.

Title: Re: My job is "no longer available to" m
Post by Lizzie2 on Nov 16th, 2005, 8:40am
Oooh good call.  I'm in PA so that's why we're discussing the legalities of recording conversations without consent.  :)

Title: Re: My job is "no longer available to" m
Post by thomas on Nov 16th, 2005, 8:58am
Sounds like a really good story for your local newspaper.......... just saying.  ;)

Title: Re: My job is "no longer available to" m
Post by sandie99 on Nov 16th, 2005, 9:50am
Jennifer,

believe me, your ex boss will get what's coming. Life works that way, although it doesn't always seem that way. :)

You'll get another job somewhere where you're appreciated, I'm sure of that. :)

Best wishes,
Sanna

Title: Re: My job is "no longer available to" m
Post by aprilbee on Nov 16th, 2005, 9:57am
Keep your chin up...things always work out they way they should!!   :-*

Title: Re: My job is "no longer available to" m
Post by forgetfulnot on Nov 16th, 2005, 12:16pm
You shouldn't have any trouble with unemployment insurance as you were let go due to medical reasons.

Most company's fight it anyway, get a copy of your medical history just in case.

Lee

Title: Re: My job is "no longer available to" m
Post by JenniferD on Nov 16th, 2005, 1:13pm
I don't think I can get unemployment b/c technically I quit. She did "offer" me a lesser job, rmember? one she knew I wouldn't want...basically, to get me to quit.

Title: Re: My job is "no longer available to" m
Post by forgetfulnot on Nov 16th, 2005, 2:13pm
Even though you quit I would file anyway. I.E. Dr. Moore head of surgery was told his services were no longer needed, however there is an opening in the orderly dept. He declined. They see that crap all the time. Unemployment ain't much but it's getting cold ya know.

Lee

Title: Re: My job is "no longer available to" m
Post by Grandma_Sweet_Boy on Nov 16th, 2005, 3:50pm
That's called "constructive dismissal" where I live and leads to wrongful dismissal actions in the Courts.

The fact they offered you a lesser job and you didn't take it would not be looked at as though you quit.

We would be able to collect unemployment insurance and unless there'd been a nice fat severance package offered and taken, we could still file a lawsuit.

I do recognize though that laws surely do differ from your country to mine but maybe it's worth trying to find out about.

good luck to you - sure sounds to me like you got a rotten break.

Title: Re: My job is "no longer available to" m
Post by thebbz on Nov 16th, 2005, 8:59pm
Truly a blessing in disguise. The next time be prepared and get the doc to sign an FMLA form. Federal law provides for up to 3 months and they have to hold your position.
jb

Title: Re: My job is "no longer available to" m
Post by Charlie on Nov 16th, 2005, 11:29pm

Quote:
Sounds like a really good story for your local newspaper.......... just saying.


I'm with Thomas. A beautiful holiday story about downsizing if a hook is needed. Lovely for TV too.

A real sleazeball lawyer with a grudge. http://fool.exler.ru/sm/revenant.gif?SSImageQuality=FullMaybe one of those bottom feeders that advertise on billboards. Make her bleed.
Charlie  http://fool.exler.ru/sm/budo.gif?SSImageQuality=Full

Title: Re: My job is "no longer available to" m
Post by gore2424 on Nov 17th, 2005, 6:47am
I worked for a auto parts place and in august 2002 they bought out another auto parts place and moved all the people that had more time than me and my best friend to our store then in Dec 2002 they let my friend go due to staff reduction and I was let go the next month due to staff reduction my friend had 5 years there and i had almost 20 and do you think with us both being off work due to our illness might have had something to do with it ?¿? luckly i got disability 3 days after unemployment ran out but my friend it took him almost 2 years til he got it and they owed him 20 months backpay and just got it now he has a house and can make it on disability and ebay I am lucky cause i have a working wifey Terry
and I know for a fact in iowa you must have both parties ok to tape a conversation I found out the hard way when i did and almost got a big fine for it but they dropped it thank you

Title: Re: My job is "no longer available to" m
Post by deltadarlin on Nov 17th, 2005, 8:38am

on 11/16/05 at 20:59:14, thebbz wrote:
Truly a blessing in disguise. The next time be prepared and get the doc to sign an FMLA form. Federal law provides for up to 3 months and they have to hold your position.
jb


This only applies in companies that have 50 employees or more.

As far as being offered a lesser paying job, unfortunately, that is well within the law.  I've testified (both for the employer and the employee) and in most cases, if the empoyer did offer you a job, even if it was lesser paying, they were not obligated to pay unemployment.  

If you can work temp jobs, that might be your best bet while you are looking for a permanent paying job.  This time of the year, temp agencies are overrun and in some cases, can't find enough people to put in the openings they have.

'darlin

Title: Re: My job is "no longer available to" m
Post by JenniferD on Nov 17th, 2005, 10:24am
I contacted my dr's office this morning- they're making me copies of this cycle's visits & phone calls, especially the last call re: the dopey making me stupid. I'll take that with me to the unemployment office.

I'll check with them about filing. I think there is something I can do about this because when Capital One did their downsizing 2 years ago (yep, I was a victim of outsourcing in that one), they offered us jobs and there was some kind of thing about if the new job was 30 miles or 50 miles away you and you didn't want it, you qualified for unemployment or somn like that. I've been driving an hour to my job - not sure of the exact mileage but I think it qualifies. So anyway, I'll check when I go in to the unemployment office. But the dr. records are getting done.

Title: Re: My job is "no longer available to" m
Post by forgetfulnot on Nov 17th, 2005, 7:30pm
Way to go! The Law is so stupid about these things it really depends on the case worker you get,    good luck ;)

Leee

Title: Re: My job is "no longer available to" m
Post by forgetfulnot on Nov 17th, 2005, 7:36pm
"Darlin said, As far as being offered a lesser paying job, unfortunately, that is well within the law.  I've testified (both for the employer and the employee) and in most cases, if the empoyer did offer you a job, even if it was lesser paying, they were not obligated to pay unemployment.

Not so in Oklahoma, they allow you some time to find a job at the same pay grade, after that your on your own.  


Lee

Title: Re: My job is "no longer available to" m
Post by BMoneeTheMoneeMan on Nov 17th, 2005, 8:30pm
Hey JenniferD, you should check in with an attorney just to have them hear it.  Your state might have laws that could help you.
In my state you would have a terrific suit IF:  you had previously discussed with this boss that you would need to be taking time off for health reasons.  
If you leave your job on medical leave, or other leave, you are by law required to get your same job in the same pay.  There are all sorts of different leave acts in lots of states.  Just check in with an atty and they will tell you what the deal is in your state.  You can get a free consult.
Oh, and btw, in my state if you worked any hours you MUST get paid for them.  It doesnt matter about overused sick time or vacation time or anything.  If you worked hours on certain days, you need to get paid.  

That sucks a fatty about your job though.  Sorry to hear it, hope you find something soon.
PF wishes to you.
BMonee




Title: Re: My job is "no longer available to" m
Post by Jimmy B. on Nov 18th, 2005, 11:29am
File for unemployment!!! As employment laws vary from state to state (p.s New Jersey & Penna laws el sucko ;;D)...let the people in the know hash it out. If your company denies it, there will be a hearing. Try to get a lawyer to go with you...but if that's not feasible...bring all documentation you can think of that will help you.

The worst they can say is "Claim Denied". It's worth a shot. Plus it drags your employer to the hearing.



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