Can They Do This To Me? Is This Even Legal?
I've been with this company for a little over 6 years. I recently came back from FMLA leave as I went to care for my father in Las Vegas who had terminal cancer and only had 6 months to live as I was notified during the 5th month. I let my job know that I was back and they wanted me to return to work ASAP and my return date was Oct, 1st. I explained that I was still planning a ceremony for spreading my dads ashes in the ocean, and they said to just come back and then I could take a day off to handle that.
I returned to work a few days later and after two days of work, my dads passing finally hits me and I became really depressed and unable to work, and I called in sick for the third day, fourth day, and fifth day. On the fourth day I was in a rather hostile situation with so called friends. With all the drama I experienced in Las Vegas and then coming home to find out my fiance doesn't want to be with me anymore really causing me to be mentally unstable. Long story short, I woke up with my phone at 1% of battery and I slept at a friends place so I didn't have my charger. I have two phones with me and both of them were dead with no charger. Meanwhile I didn't think I needed to call the store because texting my boss used to be good enough before I went on leave. So I text my boss that I would need a few more days to find out what was going on with me. When I finally got home and was able to charge my phone I got a text from him saying I was suppose to call the store and that he wasn't working. I called the store a few hours after my initial start time and they said that I was a no call/no show and the next day was the same except I called the store right around my start time just to make sure they knew I wasn't coming in and the customer service lady said thats okay because Dan already called Daniel to come in. I was later told that I was considered a no show no call again. I went in to work the next day to find out that they took me off the schedule and to wait to speak to HR about all this.
I corresponded with HR through calls as well as text for the next week and then I didn't hear from them over the weekend and missed their call on that monday, then finally get a hold of HR today (Friday) to find out what was going on and they tell me that I resigned and to pick up my separation package. Is this even legal? I also explained that I needed my job because I had to find me another place to live. Knowing this why would I resign and forfeit unemployment?
On a separate note, before I went on leave I had just graduated from college. While I was going to school, my store director and his other employees were harassing me and it felt as if they were trying to make things hard for me so that I would quit. I was accused of a lot of petty things and I can recall alot of the different scenarios and what was said to me if needed. Thanks
Answers (2)
![Elbridge Smith](/images/members/46_75.jpg)
posted by Elbridge Smith | Oct 6, 2017 11:01 PM [EST]
![Elbridge Smith](/images/members/46_75.jpg)
Whatever your status and employment there are certain time deadlines to file claims, which are much shorter (30-45 days) if you are a federal employee than the longer ones which may apply if you are in private sector. It also makes a difference if your job falls within union protection, and/or if their mistreatment of you is discriminatory in nature and then gives you U.S. Equal Employment Opportunity Commission (EEOC) or Hawaii Civil RIghts Commission (HCRC) complaint rights, as examples.
You may call our office 523-5050 and speak to our intake paralegal, Michelle, to clarify these matters and seek a full consultation with us or referral to another lawyer/firm, since we do not have an email or telephone contact to reach out to you.
Thank you for contacting us,
Elbridge W. Smith
SMITH HIMMELMANN, Attys at Law, ALC
Honolulu, Hawaii
shlaw@hawaii.rr.com
posted by Elbridge Smith | Oct 6, 2017 10:55 PM [EST]
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