QUESTION
Virginia State. Hourly employee. Was told today I could give my 2 weeks, get a good reference or be terminated. I don't know what to do. Please help.
Asked on Feb 20th, 2014 on Labor and Employment - Virginia
More details to this question:
My attendance was an issue, but I had a doctors note each time. The GM gave me a review less than a month ago which stated he was pleased with my improvement.Today they tried to pressure me into leaving of my own accord stating they were trying to "be kind". I am a woman divorced with no savings. I left a decent job as a manager at pier 1 (which I had almost 3 years) to work for the company, Lenscrafters. I live in a rural area and work is scarce. I cannot afford to be w/ out income. What are my rights? What should I do? Thank you very much for your time and consideration
1 ANSWER
Depending on the size of the company, you may have rights under the Family and Medical Leave Act (50+ employees) or the Americans with Disabilities Act (15+ employees). I say that because of your reference to doctor’s notes. If you have a serious medical condition that interferes with your life in a substantial way, you have a “disability” under the ADA and the right not to be discriminated against in the workplace on that basis. If you were obtaining treatment for a serious, long-lasting medical condition, you may have qualified for FMLA leave as well.I would want to know more about the conversation where they tried to get you to resign—how did they claim that was being “kind”? What was the basis for asking you to resign?Also, if you resign, you are more likely to be disqualified for unemployment benefits (although if you stay, the company may fire you and them claim it was for “misconduct”).Please give us a call to schedule a consultation.
Answered on Feb 21st, 2014 at 1:32 PM