Employee Disability/FMLA/Not made aware of official policies

[pittguy578]

You are going at this from the wrong end.

It is not legal because there is a specific law that says it is legal. It is legal because there is no law that says it is illegal.

PA is an at will state, but an employer can be sued for wrongful termination if they deviate from the steps they have outlined in a manual/handbook.

Says who? And what difference does it make - you haven't been terminated.

PA case law says so-it is not an at will state if there are formal guidelines in place regarding specific policies.

 

[Proserpina]

PA case law says so-it is not an at will state if there are formal guidelines in place regarding specific policies.

Cite, please?

(I'm curious)

 

[swalsh411]

You still have not answered my question. Why do companies institute formal policies if they have no bearing on the decisions they can make? Why even box yourself into a corner as a company?

Nobody has answered that because it's a stupid question predicated on an incorrect assumption. Policies promote uniformity, establish expectations, and promote fairness. They hardly have “no bearing on decisions”. They are just not legally binding in most cases.

 

[cbg]

Okay. Provide the name of the case law that says so.

And I'm still waiting for the answers to my questions.

 

[Beth3]

I think it's time to bail, team. Pittguy only wants to hear what he wants to hear. There's no point in telling him for the 100th time that nothing illegal happened.

We're spitting into the wind.

 

[pittguy578]

I am following up with HR. I was just primarily concerned with keeping my job. My peformance up until this recent period was stellar. It is not as if I was a long-term problem employee. I am not going to sweat this too much. I am still covered by the employee disability plan at this time, and I could go out if things do not improve and be covered by that. They are very formal with their warning processes and do everything by the book. I am not in danger at this point. My doctor is aware of situation and is going to fax the paperwork in to give them notice.

 

[Zigner]

You still have not answered my question. Why do companies institute formal policies if they have no bearing on the decisions they can make?

Because they can.

Why even box yourself into a corner as a company?

They're not.

You are clearly wrong here. Look up wrongful termination in PA. It is technically an at will state. However, ff a company deviates from a policy in an employee handbook or any other formal guidelines/paperwork, they can be sued for wrongful termination.

Ok, I took a chunk of that and pasted it in to Google to try to figure out why you are so off base. The hits that come up show that not following written policy *may* result in a lawsuit for wrongful termination. So, yes, they could be sued. However, that needs to be weighed against the fact that anybody can sue anybody at any time for anything. When seen in that light, your statement is moot.

Now, let's go a bit further. In order for one to be wrongfully discharged based on failure to follow written policies, one must have knowledge of those policies and be operating accordingly. In essence, the policy contains what you believe to be the terms of your employment. In YOUR case, you had no clue of this policy. As such, you cannot successfully sue for violation of that policy as you had no reliance on it.

 

[pittguy578]

I really think people are getting a bad impression of me on here. I am just asking them to give me a little leeway in terms of performance because really when I came back to work I was really not ready. I could have had more time under our company policy if I had been notified. I am not looking to sue. I am hoping it never comes to that.

I had worked close to 2900 hours last year before I went out sick. I had been literally the top performer out of 50 people in my department for the last 6 months of the year. I never took time off. Things finally caught up to me. I burned out. It's not as if I was a slacker in this case-in fact, far from it. I worked longer than anyone else in my department last year-in fact probably more than my manager. By the time I had come back to work they had instituted totally new processes/changes/review systems. I had to learn a totally new system of doing things when I was not able to concentrate well.

I went back to work in March and still was not well. Right after I came back to work my grandmother with whom I am very close was diagnosed with (like a second mother to me) Alzheimer's. She had to be moved from her house and into a nursing home, and the disease has progressed rapdily. She almost died twice because she forgot to eat and is diabetic. I have a small family-literally only child and my dad simply told me one day he is moving to Florida from Pittsburgh, I think I can get back on my feet with a little time. I am not trying to sue. I am just trying to take steps to protect my job.

 

[Zigner]

I really think people are getting a bad impression of me on here. I am just asking them to give me a little leeway in terms of performance because really when I came back to work I was really not ready. I could have had more time under our company policy if I had been notified. I am not looking to sue. I am hoping it never comes to that.

I had worked close to 2900 hours last year before I went out sick. I had been literally the top performer out of 50 people in my department for the last 6 months of the year. I never took time off. Things finally caught up to me. I burned out. It's not as if I was a slacker in this case-in fact, far from it. I worked longer than anyone else in my department last year-in fact probably more than my manager. By the time I had come back to work they had instituted totally new processes/changes/review systems. I had to learn a totally new system of doing things when I was not able to concentrate well.

I went back to work in March and still was not well. Right after I came back to work my grandmother with whom I am very close was diagnosed with (like a second mother to me) Alzheimer's. She had to be moved from her house and into a nursing home, and the disease has progressed rapdily. She almost died twice because she forgot to eat and is diabetic. I have a small family-literally only child and my dad simply told me one day he is moving to Florida from Pittsburgh, I think I can get back on my feet with a little time. I am not trying to sue. I am just trying to take steps to protect my job.

I could care less about your performance. You had a specific question and it was answered...then you continued to stomp your feet and yell that we were wrong.

 

[cbg]

One more time.

What is it that you are looking to have happen here?

 

[pittguy578]

I am just looking to buy a little more time to get back on my feet. My performance was not an issue before I went out. I was not ready to come back to work when I did, and that is when my performance started to suffer. If the company had notiified me of the possibility of having more time, I would have used it to make sure I was well and could come back at 100% and performance would not have been an issue-putting it this way I would not be in this position if I had known what my options were. The company was always a good one to work for up until recently .. They treated employees fairly and with respect and do/ did everything by the official employee guidelines. They adhere to them.. They are an insurance company and policy language may mean a little more to them.

 

[cbg]

Okay, I guess I'm not making my question clear.

I understand that you want your employer to give you a little more leave time.

What do you want US to tell you? In a perfect world, what answer would we have given you? What is the response that would have you believe that justice was being served? You say you don't want to sue, you don't want money, so what ARE you looking for the legal system to provide?

 

[ecmst12]

Your options are to keep working and try to improve your issues, or go back out on disability if your doctor will certify it. But there is NO guaranty that you won't be terminated LEGALLY if you go back out, since you have used up your FMLA. Which you have been told.

 

[pittguy578]

Spoke with HR today. They are indicating they do follow the employee guidebook and a position would have been open to me (not necessarily my position) but something equal pay/experience. Plus they were concerned about their compliance with ADA as I have two noted disabilities-ADHD and anxiety which has really been on by the job itself-never experienced panic attacks before until the last 6-8 months.