Constructive discharge?

[Kimmigirl132]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Ohio:Ok I'll try to use the "kiss" format. I was employed on night shift (two7p-7:30a shifts and one 11p-7:30a shift) at a hospital for over three years. When applying for the job, i explicitly made sure that I wasn't required to do day shifts. If so, I wouldn't have taken the job. After a disagreement with an rn, I was called into the office. I was told I was being written up for rolling my eyes and sighing, and for refusing to do a delegated task. I explained that rolling my eyes and sighing is a human sign of frustration. As for the refusing to do a delegated task, I asked what was the task and was told that since I said "I'm busy, can someone else do it?", it's just like refusing. Ok, fine. But because of the "sighing and rolling of the eyes", I was being put on day shift (7a-7:30p), losing my shift differential. I told the manager that I couldn't work days as I am home with my 10 month old grandchild during the day. I was willing to go to another unit and was told that I had a write up 4 months ago for missing work(with a Dr's excuse), and you can't change units within 6 months of a write up. Then I asked could I go to straight evening shifts(3p-11:30p), and was told she would think about it. I was trying to stay away from the person that made the accusation. I decided I would just cut my hours until the six month period was up. I emailed the unit manager and informed her that I would be going call-in status effective immediately. A week later, my schedule was changed to two day shifts and an evening shift. I reminded her again that I couldn't work days, but could definitely do the evenings. I had no choice but to call off for the day shifts. I was called at home and told I was being terminated for excessive call offs. I applied for UI but have been denied twice, citing excessive absenteeism. I feel I was forced into being fired, even though I was willing to work any other shift or assignment. What recourse do I have if any? How many appeals can I have with UI and what does it entail? Should I get a lawyer and does it cost? And lastly, am I wasting my time, as I have read that employees have very little rights.

Kimmi

 

[Beth3]

I was employed on night shift (two7p-7:30a shifts and one 11p-7:30a shift) at a hospital for over three years. When applying for the job, i explicitly made sure that I wasn't required to do day shifts. If so, I wouldn't have taken the job. That doesn't restrict your employer's ability to change your shift assignment at a later date.

After a disagreement with an rn, I was called into the office. I was told I was being written up for rolling my eyes and sighing, and for refusing to do a delegated task. That would be insubordination.

I explained that rolling my eyes and sighing is a human sign of frustration. So it is but that doesn't mean the RN has to tolerate it.

As for the refusing to do a delegated task, I asked what was the task and was told that since I said "I'm busy, can someone else do it?", it's just like refusing. Ok, fine. Yes, that can be construed as refusing to do the task.

But because of the "sighing and rolling of the eyes", I was being put on day shift (7a-7:30p), losing my shift differential. I told the manager that I couldn't work days as I am home with my 10 month old grandchild during the day. I was willing to go to another unit and was told that I had a write up 4 months ago for missing work(with a Dr's excuse), and you can't change units within 6 months of a write up. Then I asked could I go to straight evening shifts(3p-11:30p), and was told she would think about it. Your employer was free to assign you to whatever shift they wanted.

I was trying to stay away from the person that made the accusation. I decided I would just cut my hours until the six month period was up. I emailed the unit manager and informed her that I would be going call-in status effective immediately. YOU decided? An employee's work schedule is up to management to approve.

A week later, my schedule was changed to two day shifts and an evening shift. I reminded her again that I couldn't work days, but could definitely do the evenings. I had no choice but to call off for the day shifts. I was called at home and told I was being terminated for excessive call offs. That's not surprising.

I applied for UI but have been denied twice, citing excessive absenteeism. I feel I was forced into being fired, even though I was willing to work any other shift or assignment. Not that I don't understand your dilemma but you chose to care for your grandson rather than to go to work.

What recourse do I have if any? None.

How many appeals can I have with UI and what does it entail? That's up to your State but it primarly involves attending a hearing presided over by an administrative law judge (i.e. an attorney employed by the State) and presenting your argument why you think you should be eligible for UC benefits.

Should I get a lawyer and does it cost? Hiring a lawyer costs. Appealing the denial of UC benefits with the State costs nothing.

And lastly, am I wasting my time, as I have read that employees have very little rights. Employees have all kinds of rights. Deciding what your work schedule is and when you will and won't show up to work are not among them however.