So angry and upset.............

[Sonoran Silkies]

Chickenzoo, please calm down, Twentynine was giving you data you can use to make decisions. Just because something is not what you want to hear, does not mean that the knowledge is not useful. She is being supportive, not emotionally, but in providing knowledge that will help y'all pick up the pieces and make knowledge-based decisions rather than operating in the dark.

Since the Union Rep was there, he/she should be willing and able to sign a notorized statement verifying the conversation where your hsuband was told that he would be able to collect unemployment under a forced resignation, and that if he did not resign, he would be fired and not be able to get another government job. It may be that the whole firing/resignation can be re-accomplished if necessary.

I am not sure that firing someone for a disability is legal even if the person is still in a probationary period--that would be roughly the same as saying you can fire someone for their race or gender because it's during the probationary period. There are some limits relating to disability protection. For example, you have to be capable of performing the job. A number of years ago my husband's office had a secretary who had health issues that made her miss extensive amounts of work (seems like she was gone about 80% of the time over a period of many months); they could not fire her, but eventually were able to insist that she take disability leave.

 

[debilorrah]

Quote:
Hey I worked for a company that fired a woman that was 8 months pregnant. Some companies think they are above the law.

By forcing him to quit, they are violating his rights under the ADA, and probably FMLA (if the company has more than 50 employees).

 

[Sonoran Silkies]

Quote:
Hey I worked for a company that fired a woman that was 8 months pregnant. Some companies think they are above the law.

By forcing him to quit, they are violating his rights under the ADA, and probably FMLA (if the company has more than 50 employees).

Well, of course it is possible to legally fire a woman who is pregnant, but they sure as heck better have a pretty good paper trail...

 

[debilorrah]

Quote:
Hey I worked for a company that fired a woman that was 8 months pregnant. Some companies think they are above the law.

By forcing him to quit, they are violating his rights under the ADA, and probably FMLA (if the company has more than 50 employees).

Well, of course it is possible to legally fire a woman who is pregnant, but they sure as heck better have a pretty good paper trail...

This was back i nthe 80's when most women were afraid to stand up for themselves, and some of todays laws were just being passed. Sad but true.

 

[HennysMom]

I'm sorry your husband lost his job, first and foremost.

This happened to us last year so I know how you feel.

Now, you can appeal unemployment - being forced to resign is involuntary resignation and is able to be appealed thru UI. It takes a while and you'll have to have a hearing (ususally over the phone) but make sure you have all your documentation in order. Did your husband have any evals during his working there or mid-terms? if so... get them. Was he written up at all for missing work? Did he have doctors note for every single missed day? thats important.

Also - unless he disclosed he was disabled when they hired him, you're going to be SOL on the ADA situation. You have to mark disabled on the application and make it known upfront that you are disabled, else it wont fly. I should know, I'm disabled. So, unless you can find his original application or have a friend in HR there that can look at his file and get you some information, its going to be a he-said she-said situation. You cannot claim "I'm disabled" after the fact and hope that the employer knew that going in - its your responsibility to ensure they know.

to you both, its going to be a battle on that one.

Lastly - an employer can fire for ANY reason if you live in a right-to-work state. I dont know if FL is a right to work state, but if they are....they can fire you for not liking the color of your eyes if they wanted to and not have to give you a reason or notice. They can just fire you at will.

Look up all the laws for your state and know them upfront. File an appeal immediately for unemployment - as the employer will also have to file an appeal to your appeal. Usually it goes in your favor, but it takes quite a few months from start to finish. Ours took nearly 4 months before it was all said and done.

Good luck to you both - and remember, when something like this happens, most times its for the best. May not seem like it now, but God seems to know what He is doing - odd as that seems right now - Trust in Him and know that everything happens for a reason. You guys will be okay

 

[chickenzoo]

I appreciate all the advise. It is not that I do not what to hear things, just that it seemed that 29 was questioning me like I was lieing... IMO. I know they have a right to fire, I was upset on how they did it and how they mislead us. They did know hubby was disabled as he had to fill out paper work for Disabled Veterans preference. We are doing whatever we can. We did appeal the UE, and are waiting to hear back etc... There a lot of things going on at the same time that makes it even more stressful. We are jumping through hoops with the Military medical board to try and have him put on "permanent" status. The last Doc he had right before he was forced out of USN 2 years ago didn't know what he was doing and really made it hard on us. Now this new Doc thinks this surgery will cure everything, but sinus Doc didn't think it will, but Med Doc wants hubby to have it before rating him higher. I am afraid for him to have it because there is a worry with his lungs during surgery. They have him bumped up on 40mg of predisone to get ready for it at the end of the month......... which is very hard because it turns him into a monster and there is no reasoning with him in this state of mind. All this and he's trying to find another job. His sister works for the VA and says we can not get both Disability and SSI, it would be "double dipping" as they are both gov. Hubby is not trying to make waves yet, as he has 2 resumes accepted with the Gov and we are waiting to see if he makes it to the next level.... so it is not like we are looking for hand outs and doing nothing. I have been selling off everything that is not dear to me, holding out my favorite animals for last. I'm sorry if things don't convey themselves better in typed word.... but we've been fighting the gov on 2 different ends and I'm tired and scared.

 

[LisaJean]

Hi Chickenzoo! I'm coming into this late, but I wanted to tell you that a few years ago I was also forced to resign from my State job, and I was refused unemployment. I called the unemployment office and told them the details of my leaving the position, that I was made to resign or be fired, and they approved my unemployment.

I think a lot of times an employer will refuse an original claim for unemployment on the off chance that the ex-employee won't bother appealing, even if they know the terminated person has a case. Like I said, all it took for me was one phone call. If you do have to go into the appeals process, there should be an unemployment person there that can help you out. From what I understand, all it takes is for the employers to not show up for one appeals hearing, and you win.

And all that aside... what they did to your husband is definitely crappy, but I have learned not to have a lot of faith in humanity when it comes to government bureaucracy. Been there, done that. Part of why I had to leave my job was that I went into a deep depression over the way we were instructed to treat the poor people we were supposed to be serving.

 

[seminolewind]

Hi Jen, I'm sorry about your situation.

For those who don't work in Fl, FL is a "right to work" state, the phrase has a history, and has changed meaning, but the bottom line is that in Florida an employer or employee can get leg go for no reason at any time. (I think "right to work" used to just mean that a person here had a right to work whether they signed up for the union or not).

I don't know how much a government job figures into this.

In the past year I have had a front seat in how the government DOES lie, and as naive as I was, I was really shocked. I've seen documents from the FDA that were out and out lies, fake research given to the public, and a long court battle, which the the FDA lost.

Due to all the medical documentation you have, and the rights he has as a disabled vet, esp that his disability came from the work with the Military, the Vet's admin should have some kind of legal aid available to protect the rights of the disabled. And I would certainly talk to an attorney. I know there is alot of leg work with this, but hubby must be entitled to reimbursement from someone.

I hope you can persue this matter-this is income that you need. My thoughts are with you! hugs!