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I hope this is the correct forum to ask this question. I figured it was the most fitting. On June 4th, I went into work (which I had been working full time previously as a Pharmacy Tech). After an hour, my boss pulls me in the office and tells me he is cutting me down to one day a week because my family issues were making people feel "uncomfortable." I proceeded to tell him that I couldn't afford to work 1 day a week. He said "Well, you can take it or leave it." So I chose to leave it. The commute is far and the gas to savings ratio would be even more minuscule. Plus, from my previous experience of working in restaurants, cutting a person down to 1 day a week is hoping they will quit. I suffer from Major Depression Disorder and Anxiety, which they know. I also have a bad drinking problem(two people knew); however, none of this has impacted my work. There was 1 day in which I was visibly upset at work because I had found out that my Grandfather(with dementia) had made sexual advances on his caregiver. I take care of my grandfather when I am not at work, so I was concerned about the caregiver quitting and what I was going to do. I still performed all my job duties, I simply just didn't socialize with other employees. I still gave great customer service and completed all the tasks needed. I have never been disciplined. There is nothing with my signature on it stating I misbehaved or didn't perform my job duties(In fact, I was probably the hardest working employee there. All others were more concerned with text messaging and words with friends). Also a week before this happened, My psychiatrist prescribed me Naltrexone, which is a drug to help combat alcoholism. At first, I just wanted to collect unemployment while looking for another job (which I have a promising one on deck), but now I am kinda pissed at the dispute. Do I have any legal ground to take them to court? Aren't they violating workers with disabilities act? Isn't it suspicious that they cut me down to one day a week after being prescribed an anti-alcoholism drug? Do I have a possible case or should I just fight the appeal and take the unemployment?
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Jun 23, 2014 04:23
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| # ? Apr 29, 2024 19:56 |
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In the long run, it's probably better to appeal the unemployment dispute and just move on. That should be a fairly easy win if you weren't fired for cause; cutting a full-time employee to part-time at <10 hours a week is probably more than enough to qualify as constructive dismissal. Being a person with a horny senile grandpa isn't a protected class under the ADA, so unless you can prove they actually cut your hours because of a protected condition (and alcoholism alone doesn't necessarily qualify), you might have a hard time with any illegal termination lawsuit. Even if your alcoholism was found to be a qualifying disability, how would your employer have known that you were being prescribed medication for it? (You weren't filling your prescriptions at your workplace, were you? If you were, I suppose you've learned a valuable lesson about keeping work and personal life separate...)
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Jun 26, 2014 03:34
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I don't tell anyone at work about my home life. Treat it like an acting gig. You go there to play a role. If you can't do that...you probably shouldn't be working until your problems are under control.
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Jun 26, 2014 03:42
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dennyk posted:Being a person with a horny senile grandpa isn't a protected class under the ADA But isn't my anxiety disorder and possible panic attacks covered? They pretty much said "Your anxiety is making other people feel uncomfortable" e: This all comes after two months ago when I completely restructured their network, installed a new point of sale system, and security system at my regular hourly rate(saved them upwards of $5000) and received a raise. Sypher fucked around with this message at 04:17 on Jun 26, 2014 |
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Jun 26, 2014 04:11
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Sypher posted:e: This all comes after two months ago when I completely restructured their network, installed a new point of sale system, and security system at my regular hourly rate(saved them upwards of $5000) and received a raise. You let them gently caress you by not making them give you a raise before you did the extra work, and now you're not needed. Does the company have any outlets that would allow you to seek counseling/rehab? I'd try going to HR first and explaining that you have problems and need help.
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Jun 26, 2014 04:26
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EugeneJ posted:You let them gently caress you by not making them give you a raise before you did the extra work, and now you're not needed. IT is an independent pharmacy. Literally 1 employer and 6 employees.
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Jun 26, 2014 05:12
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Well since you don't have a job and don't plan on finding one, appeal the unemployment and file a complaint with the EEOC and your state agency about being fired for whatever protected reason you claim. More important seek treatment as your condition obviously is effecting your work or you wouldn't have been fake fired.
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Jun 26, 2014 11:44
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Appeal it. I won a 'for cause' firing because the company didn't have anything concrete and I didn't actually break any rules. Like the previous poster says, constructive dismissal in CA: "In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign." (Wiki) EugeneJ posted:I don't tell anyone at work about my home life.
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Jun 27, 2014 02:10
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Sypher posted:I suffer from Major Depression Disorder and Anxiety, which they know. I also have a bad drinking problem(two people knew); however, none of this has impacted my work. Sypher posted:But isn't my anxiety disorder and possible panic attacks covered? They pretty much said "Your anxiety is making other people feel uncomfortable" It's very nice that YOU think that all of this doesn't impact your work, but you sound like a walking liability in a pharmacy. I'd sure as poo poo be uncomfortable with you handling medication, both as a customer or an owner (and probably as a co-worker, too). Sypher posted:I have never been disciplined. There is nothing with my signature on it stating I misbehaved or didn't perform my job duties(In fact, I was probably the hardest working employee there. All others were more concerned with text messaging and words with friends). Maybe this is true...but it's funny how pretty much every employee who is let go or asked to leave is always so sure they were the only thing holding the place together. Also, this makes you seem like you had an arrogant attitude towards your co-workers. To me, everything you've written comes off as, "Poor me, poor me I was a model employee until the MAN just unfairly decided to cut my hours for no reason because I have NEVER done a single thing wrong. Who do I need to sue to get all the money I deserve?". From my years in retail, you seem like an insufferable co-worker and the other 5 employees probably got tired of it.
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Jun 27, 2014 04:11
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Elephanthead posted:Well since you don't have a job and don't plan on finding one, appeal the unemployment and file a complaint with the EEOC and your state agency about being fired for whatever protected reason you claim. More important seek treatment as your condition obviously is effecting your work or you wouldn't have been fake fired. I actually have two interviews this week. But thanks for trying to stereotype me. I am in treatment. Have been for most of my life. When medicated, my "symptoms" are mild at most. Only the most extreme circumstances make them appear(i.e. the reason I gave previously). RogueLemming posted:Maybe this is true...but it's funny how pretty much every employee who is let go or asked to leave is always so sure they were the only thing holding the place together. Also, this makes you seem like you had an arrogant attitude towards your co-workers. Other than my anxiety issues, they most likely cut my hours because the Tech I replaced came back and wanted full time hours. And yes, I would say I am a pretty drat good employee. The owner of the front store(a separate entity of the pharmacy) has already offered me a management position at a store he is opening in a few months if I don't find anything in the mean time.
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Jun 27, 2014 05:57
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Sypher posted:And yes, I would say I am a pretty drat good employee. The owner of the front store(a separate entity of the pharmacy) has already offered me a management position at a store he is opening in a few months if I don't find anything in the mean time. What is your gender/race
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Jun 27, 2014 06:10
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EugeneJ posted:What is your gender/race not sure why this matters but I am a white male. Store owner is a Chaldean.
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Jun 27, 2014 07:23
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Sypher posted:my boss pulls me in the office and tells me he is cutting me down to one day a week because my family issues were making people feel "uncomfortable." Sypher posted:They pretty much said "Your anxiety is making other people feel uncomfortable" They pretty much said something inconsistent with the first thing you claim they said. Can you stop giving us your interpretation of how things went and just say objectively how things went? As in, the double quotes should go around the entire portion of the boss's speech, not just the word that gives you the most latitude in presenting the sentence.
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Jun 27, 2014 07:49
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Dodgy Graphite posted:They pretty much said something inconsistent with the first thing you claim they said. Can you stop giving us your interpretation of how things went and just say objectively how things went? As in, the double quotes should go around the entire portion of the boss's speech, not just the word that gives you the most latitude in presenting the sentence. It is pretty simple actually. Everyone at the place of business knew of my anxiety disorder. I have been treated and medicated properly for it. However, in extreme circumstances, I may exhibit symptoms. One Day I exhibited symptoms. Which, even with the symptoms, I was able to complete the tasks required. The only "bad" thing I did was not socialize with employees. When I tend to have panic attacks and/or high levels of anxiety, I tend to keep to myself and become anti-social with people who I am accustomed to socializing with. I guess it is hard to explain unless you, yourself also suffer from the same disorder.
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Jun 27, 2014 11:40
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With a dodge like that, you should take up boxing. Dodgy Graphite posted:Can you stop giving us your interpretation of how things went and just say objectively how things went? As in, the double quotes should go around the entire portion of the boss's speech, not just the word that gives you the most latitude in presenting the sentence.
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Jun 27, 2014 14:56
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The best thing to do is show up in court. In my experience, most employers don't actually show, so the case defaults to you. If not, protect yourself with the disability discrimination poo poo. After that, it is he said/she said. Thankfully, judges tend to favor the person seeking unemployment. So, show up, look nice, be ready to defend yourself and it should be OK.
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Jun 27, 2014 17:38
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Sypher posted:Everyone at the place of business knew of my anxiety disorder. Why? This is not really their business.
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Jun 27, 2014 21:19
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Shbobdb posted:The best thing to do is show up in court. In my experience, most employers don't actually show, so the case defaults to you. If not, protect yourself with the disability discrimination poo poo. After that, it is he said/she said. Thankfully, judges tend to favor the person seeking unemployment.
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Jun 27, 2014 21:39
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In NYC I had to show up. Because of my new job, I couldn't actually appear but I sent a representative to the court to represent me (just a buddy with a flexible work schedule). My former employer didn't show, so I won. Half of life is just showing up.
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Jun 27, 2014 21:45
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Sypher posted:Other than my anxiety issues, they most likely cut my hours because the Tech I replaced came back and wanted full time hours. This is like, one of those "important details" that you left out of your OP. You're again vague on how/why they left and came back, but it seems like there are two general reasons they would bring them back and give them your hours: 1. You were temporarily filling the position, or 2. Given the choice between you two, someone thought it was worth the effort to bring them back over continuing with you. So you have a job that was either temporary or that you weren't doing as well at as you think you were, the nature of which does not mix with your drug addiction and psychological issues, and that you CHOSE to leave. I'm struggling to see why you think you should get unemployment? Sypher posted:And yes, I would say I am a pretty drat good employee. The owner of the front store(a separate entity of the pharmacy) has already offered me a management position at a store he is opening in a few months if I don't find anything in the mean time. Let me guess: "Well I don't have anything for you right now, but you should try when our new store opens in a few months." = "You have a guaranteed job!" Shbobdb posted:In NYC I had to show up. Because of my new job, I couldn't actually appear but I sent a representative to the court to represent me (just a buddy with a flexible work schedule). My former employer didn't show, so I won. If you had a new job, why were you in court for unemployment?
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Jun 28, 2014 01:02
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Because that poo poo is retroactive? I didn't want to have to pay back the two months I spend on unemployment, nor should I have had to.
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Jun 28, 2014 01:14
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Sypher posted:It is pretty simple actually. Everyone at the place of business knew of my anxiety disorder. I have been treated and medicated properly for it. However, in extreme circumstances, I may exhibit symptoms. One Day I exhibited symptoms. Which, even with the symptoms, I was able to complete the tasks required. The only "bad" thing I did was not socialize with employees. When I tend to have panic attacks and/or high levels of anxiety, I tend to keep to myself and become anti-social with people who I am accustomed to socializing with. It kind of matters what your symptoms were specifically. Were you sitting there hyperventilating? Muttering under your breath? Sweating all over the cash register?
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Jun 28, 2014 04:41
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dennyk posted:In the long run, it's probably better to appeal the unemployment dispute and just move on. That should be a fairly easy win if you weren't fired for cause; cutting a full-time employee to part-time at <10 hours a week is probably more than enough to qualify as constructive dismissal. Dennyk got it on the first response, all the other posts past it are completely off base. Seems like most of the people in this thread are being creepy and hurtful for no reason.
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Jun 30, 2014 19:49
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RogueLemming posted:If you had a new job, why were you in court for unemployment?
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Jul 1, 2014 01:24
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N.N. Ashe posted:Dennyk got it on the first response, all the other posts past it are completely off base. Seems like most of the people in this thread are being creepy and hurtful for no reason. A wild white knight appears!
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Jul 1, 2014 04:20
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| # ? Apr 29, 2024 19:56 |
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Sure, maybe you should take action. But what you should really do is definitely allow a bunch of smug goons to browbeat you for being ill. Here, let me join in: Why do you have mental illness, idiot? You deserve to be fired!
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Jul 16, 2014 12:35
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