F
FemaleDetective
Guest
I worked for a large unionized company in California. I was terminated a few months into my employment for 4 small errors in paperwork. I grieved the termination and got my job back based upon the fact that my errors were so petty/I was held to a much higher standard than others. That is when the real trouble started. Monthly, co-workers would tell me my boss was talking about me in a derisive manner, I was being treated diferently than others, etc. After speaking to local mgmt. to no avail, I filed a complaint with regional about this and was assured I had done the right thing. That is when the really bad trouble started. Every manager became very hostile toward me, e.g., unhelpful/snide/accusatory, etc.
Another problem I had been having since regaining my position after the initial termination was that I could not get my medical bills paid through our union sponsored trust. They threw every sort of loop at me, etc. By the time I filed the complaint with regional about the boss, I also was fighting with the trust to get my bills paid. AND I was also very ill with digestive problems that my doctor was continually blowing off as stress-related, not trying to really diagnose. I repeatedly told local management that I felt I wasn't getting proper medical attention/testing due to the backlog of bills on my account.
FINALLY, very,very ill, I went out on State Disability. Though I kept my boss updated on my condition and asked whether he needed anything from my doctor, he always said no, I could simply bring a note upon my return. Six weeks into my disability after tests had shown I had many different digestive disorders, my doctor who still remained unpaid for almost a year, told me again that he felt my disorder was caused mainly by stress and 'I should return to work/get on with my life'.
Returning to work, I was honest with my boss about the diagnosis but, only lasted a few days before becoming so sick again that my doctor (coincidentally, now having been paid) put me back on Disability and referred me to a surgeon.
On the last day I worked before returning to disability, my boss suspended me 'pending determination' basically telling me he was going to terminate me for a mistake I made the last day I had worked before going on disability - a day on which I went home sick - though I was far below that level of discipline.
I had my union notify management I had been placed back on disability and later in the week, my boss informed me that his attempt to terminate me did not fly with the legal department and thus, I was free to return to work as soon as I was well. Again, I asked if he needed anything from my doctor; again, I was told no.
I was off for several more weeks. The day before my scheduled return to work, I got a certifed letter from the trust stating that my benefits had been canceled weeks before. On calling my boss, I was told it was the union's fault. Upon calling the union, I was told it was my fault for not having filled out a Family Medical Leave packet, nothing could be done and I would not get my benefits back for six more weeks (having to work a subscribed number of hours in a month to qualify). Upon calling the Labor Board, I was told I should be put on FML retroactively. Feeling that the union would not help me, I talked this over with management myself.
They repeatedly told me I did not qualify for FML and would not get my benefits back for six weeks. At that point, it meant I would have approx. $2,000 in unpaid bills and since my doctor wanted to run more tests, I really needed the coverage. Feeling that I was being flat out lied to, I started recording our conversations just for my own reflection. The Labor Board contacted regional and of course, management recoiled, giving my benefits back however, since that time, the insurance company has repeatedly told me that while I did regain eligibility, there is a hold on my account and thus, none of my bills will actually get paid. When speaking to the trust about this, they insist what I have been told is wrong and my bills will get paid. Well, nothing has gotten paid and the insurance company still states that it is due to a problem with my employer. Etc, etc.
A month after my return to work I was delayed by construction. Because I had been so sick previous to disability, I was hanging by a thread on both tardies and absences. On that day, my union shop steward told me the time I was off on disability counted toward my probationary period and hence, I was below any disciplinary level. I was told to write on my timecard that I had been delayed due to construction since management in the past had not counted this against other employees.
Well, two weeks later I was terminated for this tardy. At the grievance meeting, management stated that the policy of times of leave counting toward probation had been changed though no one could say how or when. The construction defense was thrown out as I was the only one late that day (I am also the only employee who takes that route.) The Labor Board has told me that all of my attendance problems prior to disability should be essentially excused due to the fact that I was so sick during that time. But management acts as though I never informed them of my illness and thus, they do not have to do this.
I feel the union because I have had to fight with them for sooo long to get my bills paid, is not representing me properly as they basically say management is within their rights. Blatant examples of favoritism are brushed aside and I have been essentially left out in the cold, waiting for resolution though nothing more is being done that I can see.
Adding to my dilemna is the fact that management -who knows I still need tests- now tells me each month that they have 'mistakenly' paid for my medical coverage and thus, I am still eligible and do not qualify for a Cobra letter. Hence, I cannot get MediCal for the balance of testing I still need. My doctors are once more onto the fact that they are not getting paid and thus, once more refusing to order tests and I cannot pay for these out of pocket. SO, I am once more effectively being denied medical care.
Currently, I am appealing my denial of unemployment benefits and called the union to ask if they would represent me during the hearing. I was told they really didn't know if they were allowed to do that and would get back to me.
Another issue: the recordings I have of my boss acknowledging he knew I was sick for months, denying me FML, admitting he knew favoritism was given to other employees who routinely arrive late/leave hours early, are written in/out on their timecards, etc. Because he wasn't aware that I was recording him, I have been told that these are of no use, even in the unemployment hearing which I understand is not held to the same codes regarding evidence that other courts are held to. In fact, my union rep told me the company could prosecute me for making these tapes if I even tried to get them entered as evidence.
Because, I don't trust them to begin with, I don't know that I believe this statement.
The Labor Board says they have done all they can for me. The Department of Unfair Housing and Employment says that because my benefits were reinstated - regardless of whether any bills get paid - they cannot help me. The Board of Labor Relations says that all the trust's maneuvers not to pay my bills could be chalked up to administrative error and thus, they cannot help me. The attorneys I have contacted tell me because there is a union involved, they cannot take the case.
I feel I have endured many injustices, don't clearly know my rights and don't know where to turn. Can you help me with atleast the recording issue? Or, anything else.
[This message has been edited by FemaleDetective (edited February 13, 2000).]
Another problem I had been having since regaining my position after the initial termination was that I could not get my medical bills paid through our union sponsored trust. They threw every sort of loop at me, etc. By the time I filed the complaint with regional about the boss, I also was fighting with the trust to get my bills paid. AND I was also very ill with digestive problems that my doctor was continually blowing off as stress-related, not trying to really diagnose. I repeatedly told local management that I felt I wasn't getting proper medical attention/testing due to the backlog of bills on my account.
FINALLY, very,very ill, I went out on State Disability. Though I kept my boss updated on my condition and asked whether he needed anything from my doctor, he always said no, I could simply bring a note upon my return. Six weeks into my disability after tests had shown I had many different digestive disorders, my doctor who still remained unpaid for almost a year, told me again that he felt my disorder was caused mainly by stress and 'I should return to work/get on with my life'.
Returning to work, I was honest with my boss about the diagnosis but, only lasted a few days before becoming so sick again that my doctor (coincidentally, now having been paid) put me back on Disability and referred me to a surgeon.
On the last day I worked before returning to disability, my boss suspended me 'pending determination' basically telling me he was going to terminate me for a mistake I made the last day I had worked before going on disability - a day on which I went home sick - though I was far below that level of discipline.
I had my union notify management I had been placed back on disability and later in the week, my boss informed me that his attempt to terminate me did not fly with the legal department and thus, I was free to return to work as soon as I was well. Again, I asked if he needed anything from my doctor; again, I was told no.
I was off for several more weeks. The day before my scheduled return to work, I got a certifed letter from the trust stating that my benefits had been canceled weeks before. On calling my boss, I was told it was the union's fault. Upon calling the union, I was told it was my fault for not having filled out a Family Medical Leave packet, nothing could be done and I would not get my benefits back for six more weeks (having to work a subscribed number of hours in a month to qualify). Upon calling the Labor Board, I was told I should be put on FML retroactively. Feeling that the union would not help me, I talked this over with management myself.
They repeatedly told me I did not qualify for FML and would not get my benefits back for six weeks. At that point, it meant I would have approx. $2,000 in unpaid bills and since my doctor wanted to run more tests, I really needed the coverage. Feeling that I was being flat out lied to, I started recording our conversations just for my own reflection. The Labor Board contacted regional and of course, management recoiled, giving my benefits back however, since that time, the insurance company has repeatedly told me that while I did regain eligibility, there is a hold on my account and thus, none of my bills will actually get paid. When speaking to the trust about this, they insist what I have been told is wrong and my bills will get paid. Well, nothing has gotten paid and the insurance company still states that it is due to a problem with my employer. Etc, etc.
A month after my return to work I was delayed by construction. Because I had been so sick previous to disability, I was hanging by a thread on both tardies and absences. On that day, my union shop steward told me the time I was off on disability counted toward my probationary period and hence, I was below any disciplinary level. I was told to write on my timecard that I had been delayed due to construction since management in the past had not counted this against other employees.
Well, two weeks later I was terminated for this tardy. At the grievance meeting, management stated that the policy of times of leave counting toward probation had been changed though no one could say how or when. The construction defense was thrown out as I was the only one late that day (I am also the only employee who takes that route.) The Labor Board has told me that all of my attendance problems prior to disability should be essentially excused due to the fact that I was so sick during that time. But management acts as though I never informed them of my illness and thus, they do not have to do this.
I feel the union because I have had to fight with them for sooo long to get my bills paid, is not representing me properly as they basically say management is within their rights. Blatant examples of favoritism are brushed aside and I have been essentially left out in the cold, waiting for resolution though nothing more is being done that I can see.
Adding to my dilemna is the fact that management -who knows I still need tests- now tells me each month that they have 'mistakenly' paid for my medical coverage and thus, I am still eligible and do not qualify for a Cobra letter. Hence, I cannot get MediCal for the balance of testing I still need. My doctors are once more onto the fact that they are not getting paid and thus, once more refusing to order tests and I cannot pay for these out of pocket. SO, I am once more effectively being denied medical care.
Currently, I am appealing my denial of unemployment benefits and called the union to ask if they would represent me during the hearing. I was told they really didn't know if they were allowed to do that and would get back to me.
Another issue: the recordings I have of my boss acknowledging he knew I was sick for months, denying me FML, admitting he knew favoritism was given to other employees who routinely arrive late/leave hours early, are written in/out on their timecards, etc. Because he wasn't aware that I was recording him, I have been told that these are of no use, even in the unemployment hearing which I understand is not held to the same codes regarding evidence that other courts are held to. In fact, my union rep told me the company could prosecute me for making these tapes if I even tried to get them entered as evidence.
Because, I don't trust them to begin with, I don't know that I believe this statement.
The Labor Board says they have done all they can for me. The Department of Unfair Housing and Employment says that because my benefits were reinstated - regardless of whether any bills get paid - they cannot help me. The Board of Labor Relations says that all the trust's maneuvers not to pay my bills could be chalked up to administrative error and thus, they cannot help me. The attorneys I have contacted tell me because there is a union involved, they cannot take the case.
I feel I have endured many injustices, don't clearly know my rights and don't know where to turn. Can you help me with atleast the recording issue? Or, anything else.
[This message has been edited by FemaleDetective (edited February 13, 2000).]