any hr or lawyers that can speak in generalities

any hr or lawyers that can speak in generalities

Joined: February 5th, 2011, 3:23 am

May 15th, 2012, 11:54 pm #1

I really don't know where to turn so I thought I would post it here. I just got back to my job over a week ago. I was told today that my position is being absorbed by someone else. I know my job can't be fully absorbed by this individual but it will be with the help of someone who is a level below me (who I basically trained before I went out on leave).

There is a job I use to do open b/c they fired someone. They automatically thought I would take it but I came back and said, if I say no do I get severance? IE, laid off and collect unemployment. I am awaiting word what HR told my boss but I am afraid just a google is not helping me find any information. And, I can't really read cases tonight that would help me make a decision of what I should do.

I am not looking for grounds of suing or anything legal. I just don't want to be forced to take a job that I don't want to perhaps be a sahm and look for a better job.

I know state laws differ. I am just looking to where I can find information so I can better equip myself.
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Joined: November 20th, 2006, 6:03 pm

May 16th, 2012, 3:04 am #2

that they have to offer you a similar position, not the same one. Even if the same job still existed, they would be allowed to fill that in your absence, and give you something similar upon your return. "Similar" is not the right wording though, more like "equivalent"? I am NOT a lawyer nor do I know the legalities beyond this general rule; I had people who reported to me go out on leave and it was explained to me ever so briefly how we could staff my account. I don't think you can take unemployment if they are not laying you off (i.e., if you are choosing not to go back to the job they offer). However, they may offer some sort of severance voluntarily (that would not be unemployment). GL, I'm so sorry this happened . Best,
Kenny

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Joined: November 10th, 2004, 4:12 am

May 16th, 2012, 7:36 pm #3

I really don't know where to turn so I thought I would post it here. I just got back to my job over a week ago. I was told today that my position is being absorbed by someone else. I know my job can't be fully absorbed by this individual but it will be with the help of someone who is a level below me (who I basically trained before I went out on leave).

There is a job I use to do open b/c they fired someone. They automatically thought I would take it but I came back and said, if I say no do I get severance? IE, laid off and collect unemployment. I am awaiting word what HR told my boss but I am afraid just a google is not helping me find any information. And, I can't really read cases tonight that would help me make a decision of what I should do.

I am not looking for grounds of suing or anything legal. I just don't want to be forced to take a job that I don't want to perhaps be a sahm and look for a better job.

I know state laws differ. I am just looking to where I can find information so I can better equip myself.
I do not know much about employment law, but just a couple suggestions...Not sure if your employer qualifies for FMLA (nd certain # of employees to have to follow that) but if it does and you did take leave you can get information by googling FMLA. As for qualifications and disqualifications for unemployment benefits, those are handled at the state level. For instance, in Texas it is the Texas Workforce Commission and they have TONS of information online and by phone. You should try to find the agency in your state that handles unemployment and I suspect they will be able to answer your question as to what would qualify/disqualify you for unemployment. As for wrongful termination claim based on gender -- (if you feel your employer is discriminating against you for things like having a baby, maternity leave, etc...this is a much more involved area that is covered under Federal Law, Title VII. You can get some info about it online or through your local EEOC (Equal Employment Opportunity Commission) office. They are also usually pretty good about discussing your options on the phone or in person if you stop by.

So....I would google info on FMLA and then put in a call to or check the website of your state's employment/workforce commission to determine the unemployment benefits question, then call or stop by an EEOC office for any information there. They can often point you to other resources.

So sorry to hear -- I lost my job of 8 years after having my son. There truly is a special place in hell for certain employers.

GL

sas
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Joined: April 6th, 2011, 10:12 pm

May 16th, 2012, 8:38 pm #4

just a shoutout to you sas. I am taking the test in July (just passed the mpre)....we are hoping to cycle after that in August. Its awful. DH wants me to wait to cycle until I'm through....which is really tough...but I'm making it...like right now I need to be studying K in stead of thinking of babies
best to you,
bg
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Joined: November 10th, 2004, 4:12 am

May 16th, 2012, 9:38 pm #5

how I remember those days! And I wasn't even into the world of TTCing at that time (thought I had PLENTY of time for all that having babies thing!). It is stressful but as soon as it's done you get the greatest sense of relief to get past it -- I'd say that's prime time for a little ttcing!

GL on both fronts!

sas
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Joined: April 6th, 2011, 10:12 pm

May 16th, 2012, 10:14 pm #6

for the reply....I knew you would understand what a crapfest this is I have to keep reminding myself dh is right...one thing at a time.....although a friend said there were lots of preg. ladies there taking it, I don't think I'm tough enough to do both at the same time. man, will I be glad when this is over...
best,
bg
ps...in Feb. there was a girl in Ill. that went into labor during the test (and finished the test!!?!!) then calmly got into the waiting ambulance...she had her baby a few hrs. later....one tough mama
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