My Employer Sucks

[FettsBabe]

Hi Everyone, its been awhile since I've been here. Boy do I have a rant.

:|

I got pregnant in September 2002 (Psychoholic is the dad). The baby was due in June 2003. In December of 2002, I asked my employer how my short term disability would be applied. I was told "salary continuance" for the first week and after that the Short Term Disability (STD) would start. STD would end after six weeks, eight weeks, or whatever time the doctor wrote me out for. On January 30th, an email was sent out that stated the STD policy had changed and we would be required to use 7 vacation days for the first seven days and then STD would kick in. I spoke to my HR representative and they told me that no one was grandfathered in under the old STD policy. However, the vacation policy also changed at this time. New employees get 12 days and all old employees get to keep their former 18 days...the current employees were grandfathered in under the old policy. I spoke to them and stated that it wasn't fair for people to be grandfathered in under one policy and not the other. They said it wasn't discrimination. I feel that it is because the STD policy effects people who can't speak up without fear of being fired.

My doctor wrote me out at the beginning of June due to pregancy corpal tunnel. I had the baby three weeks later. I was then written out for 8 weeks. I received 3 months (minus two days) with pay. I went back to work at the end of the three months which was at the end of August.

I was told by HR in February that they would work with me since the policy changed.

Now, I am out of PTO days. As a note, in January I used 5.5 days...two were vacation days and the others were due to inclement weather. My son has been sick since I went back to work and now they are bascially telling me that I have to set my hours. Everyone else has flexible hours as long as they meet the required 8 hours a day. I haven't been able to meet that so i used the remaining PTO time that I had. Now, they made me sign a written disciplinary form that stated I had to set my hours permanently and that they would never be modified again. She told me I could go to the doctor and stuf like that as long as it is approved in advance. How can I do that if I get sick tomorrow?

I really feel that I have been discriminated against. I have the emails, etc. that HR sent me regarding this.

I have worked their for 5.5 years and have always been a good employee.

What do you think?

 

[Evadman]

That is pretty messed up.

 

[HappyPuppy]

Talk to a discrimination attorney, it's free.

 

[JACKHAMMER]

Is there a union you could talk to?

 

[bunker]

Do a google search for labor attorney. Unless someone here is familiar with labor laws you probably won't get much valid assistance on ATOT. You could try PM'ing DevilsAdvocate and see if he can point you in the right direction (he is an attorney)

 

[FettsBabe]

I'm a paralegal. I consulted an attorney today. I actually spoke with the secretary/paralegal which gave me alot of insight. I have the emails at home now instead of at work. I'm going to email everything to the attorney so he can review the information.

In the meantime, I didn't know what everyone else thought about this. Is this discrimination or improper treatment?

Has anyone ever been offered a severance package? What is usually in them? I feel it coming.

 

[FettsBabe]

No union.

Another employee was out on FMLA leave this year. She was signed out for six weeks due to the birth of her baby. She asked for two additional weeks (unpaid) and our HR director told her "no, she had to come back to work so she could bill." When the regular HR person came back she told her that the director told her wrong and that she coudl take it now if she wanted to. She was already paying a babysitter. How could she do it now????

This company is stupid.

 

[DainBramaged]

Originally posted by: Evadman
That is pretty messed up.

 

[Ornery]

"I spoke to them and stated that it wasn't fair for people to be grandfathered in under one policy and not the other. They said it wasn't discrimination. I feel that it is because the STD policy effects people who can't speak up without fear of being fired."

IMO, they can pretty much do what they want. They sound more generous than many places I've heard of. I'd count my blessings for the generous benefits they still offer.

 

[przero]

"IMO, they can pretty much do what they want. They sound more generous than many places I've heard of. I'd count my blessings for the generous benefits they still offer. "

My thoughts exactly. Three months off with pay is extremely generous for an employee with only 5.5 years of service.

 

[FettsBabe]

The first 7 days was my vacation days. Pay at 100% because they were my days.

The next 23 days was pay at 100%

The next 6 weeks was pay at 75%.

 

[richardycc]

they are stuck in a hard place too, since they can't fire you, so they are gonna try to push as far as they can and hope that you will quit on your own. I see this all the time. good luck.

 

[FettsBabe]

Thats the thing,,,,I won't quit.

 

[kranky]

A pretty decent severance offer would be a week's pay for each year of service. Even better, have it take effect at the beginning of a month and see if they'll carry your medical until the end of the month. In many cases employee medical is done in whole months, so if you were on the payroll on the 2nd of the month, you're covered until the end of the month no matter what.

I have no idea what the legal situation is, but if you make up time on other days, does that count? So if you miss a Wednesday, can you work extra the next couple days to make it up? I'm wondering if that would help calm them down.

 

[Ornery]

"... they are gonna try to push as far as they can..."

That's ludicrous. This policy applies to everybody from now on.

 

[BuckMaster]

Most people that work in HR suck and love to give bad news or slam/ push off work. I dont think Ive ever seen/worked with an HR person that tried to help or even seemed to care. My present company is the same and so was my previous company (HR Deparment). If it makes you feel any better my works sucks too! Trying to find a new job now. Anyways good luck!

 

[alkemyst]

it's not discrimination to selectively grandfather policies in an office if it's a private company (or any company for that matter I believe). They don't even have to grandfather any....it's just a courtesy.

Many women are lucky to get any PTO for pregnancy nowadays...don't know if that exclusion is legal though, it's on some contracts and insurance policies as non-covered.

So both Carpal Tunnel and Pregnancy you are trying to get STD for? I don't think pregnancy qualifies for STD though, carpal tunnel can...however many people I know of have gotten fired shortly after using such 'benefits'....legal yes, fair no...all the company had to find as a couple instances of using 'email resources' for personal use

They were notified during the STD that they violated company policy.

good luck with it though, attorneys have methods they can use to benefit you...what usually happens is you find something off-key they have done and you play let's see who can p1ss the farthest

 

[BD231]

These people have paid you for three months of jack sh*t+the loss of whatever profit you bring in for them and your asking for more, what do you expect?

Being that big corps see workers as #'s, you've become huge wart on their ass. People get paid to work, not stay home and take care of their babies. I'm amazed you've gotten as much time as you have off to be honest.

I work for a mortgage company and just today my totally cool boss got on a co-workers ass about using her sick days to much, which she has plenty of. You have a roll in your job title and if your not getting the job done obviously they'll opt for someone who can.

Showing up is 99% of the job so you've left them in a tight spot as well.

PS: I'm not against you on this at all, it's just a little odd you didn't expect to hear some b*tching and run into some tight leashes after 3 months of PTO.

 

[AnyMal]

You obviously have a vary vague concept of discrimination. Having almost 3 months off with pay is a benefit they were not obligated to provide you with. You want special treatment by working the hours you set and when they tell you to work a set schedule you talk "discrimination". How nice of you

 

[FettsBabe]

Short Term Disabilty is what women receive once they have a baby...in other words, I had a c-section, which is a major surgery. Therefore, I was on medical leave. I took the remaining four weeks of FMLA time that I had. FMLA was inacted several years ago by President Clinton if I remember correctly. According to federal statute, any person who has a baby (man or woman), adopted a baby (man or woman), has a sick family member, etc. can take up to three months of unpaid leave to help their family. Its called the Family Medical Leave Act. All employers who have over 50 employees are required by federal law to give this to their employees. My employer, as a benefit, covers part of the time off with pay if you have had several years of service. Most employers do this.

I did not take 3 months of PTO time.

My employer changed the policy and told me they would work with me since they changed it after I had already extinguished 5.5 days. Now they are giving me a hard time about it. Keep in mind that I only missed a few hours on a few days. I worked 55 hours last week due to a business trip. I have already billed the required amount of time per month even though I missed a few hours. The few hours I did miss were either made up or covered by PTO time. While I have no PTO days left I can still make up a few hours a week. However, they are acting like they are going to fire me if I have to pick up my son again.

I can tell you one thing, my three month old baby boy is much more important than a bunch of inconsiderate corporation figureheads!

I mean, my God, he is only three months old. If he gets sick, it is mandated by law that he can't stay at daycare. What the hell am I suppose to do? I guess be charged with child abuse since the assholes think I should be at work and not taking care of my little baby. They are sooooo wrong. My son and my family will always be my priorty. I will sit home and collect unemployment if I have to.

 

[FettsBabe]

The reason it is discrimination is because no one else, including management, works a set schedule. Only me!

They could have given me the time unpaid. If I miss work and can't make it up I will take it unpaid. I have no problem with that.

They changed their policy a month into the new year. I had already used vacation time for the new year. Why not change it when everything starts over. Doesn't it make sense to start everything over or change things at the same time?

 

[FettsBabe]

in other words if Jane wants to work the following

mon-7-4
tues 8-5
wed 830-530
thurs 9-530
fri - 7-4

She can.

However, they are telling me I have to work the same hours everyday when no one else in the company has to.

 

[AnyMal]

Like it or not, it's a private business and they are free to schedule you any way they see fit. You may not know or understand why other people have different schedules.

The company was not obligated to provide you with disability insurance for which they have to pay premium every month and it's not unreasonable to expect of them a return on their "investment". If your family is as important to you as you say (I have no reason to doubt that) then I highly suggest you look for another employer. Telling us that your employer "sucks" while they provided you with insurance thet saved you $thousands does not speak of you highly.

I am sorry, but looks like you have to either put up or ....

 

[sxr7171]

Originally posted by: FettsBabe
No union. Another employee was out on FMLA leave this year. She was signed out for six weeks due to the birth of her baby. She asked for two additional weeks (unpaid) and our HR director told her "no, she had to come back to work so she could bill." When the regular HR person came back she told her that the director told her wrong and that she coudl take it now if she wanted to. She was already paying a babysitter. How could she do it now???? This company is stupid.

I really hate companies like this. The sad truth of the matter is that if your colleague's boss felt that your colleague should come to work, and HR told her that she didn't, and she stayed at home in accordance with HR policy, your colleague probably won't have that job for long. Even if HR policy is fair, you still need to have a boss with some human decency.

Depending on how "corrupt" your company is HR could be eating out of the hands of your upper management. Even if HR is actually independant and fair, your boss will eventually win in the long term.
Anyhow, in your case depending on what your lawyer says you might have a good case, so you might be able to get a good settlement and tell them to kiss your a$$. Personally I think they were wrong to apply a rule only to you. Good luck.

 

[FettsBabe]

My employer has violated the FMLA rules and regulations. Every employee who has a child (man or woman) has a right to three months of leave whether it be paid or unpaid.

I would have taken the time unpaid if they would have permitted it. I asked them if I could take the first 7 days unpaid and they said no. They forced me to use PTO time. I only get 1.5 PTO days per month. I was off three months, so I only earned 4.5 days during that time period. However, I was told that I had to borrow from future months in order to satisfy the requirement.

The only problem I have is that I was told I would get "salary continuance" instead of having to use PTO time. They changed the policy in February after I had already used vacation days in January. THey told me they would work with me due to this and now they are saying they won't work with me. Thats not right. They should have to do what they tell you. This is no different than the employer telling you "I will pay you double if you work on a holiday and then they said no, we will only pay you your regular salary."

It's just not right.