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Gas Station Chain Fired Me Despite Having Approved Fmla

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Location: Columbus Ohio I'm going to be doing voice to text since it is a lot to type I made a post a few years ago asking if I should take this relocation package for my job. I ended up doing it. After my contract had ended, I denied a higher training position since only third shift was available and it was damaging to my mental health. I was assigned to be first shift at a store with a store manager that didn't seem to have any emotions. People notoriously called him a robot.

I had a order from a therapist under FMLA that I may be late twice a week up to 4 hours. Due to a PTSD diagnosis (My dad had off to himself before I moved). I had used it for a while and it come to a point where it had become annoying for managers because they wouldn't have any idea when I wasn't coming until last minute to replace them (understandable) So they made it a rule that I needed a call 4 hours before. When calling, I needed the state that I was using FMLA. (Sometimes this was impossible or very hard due to the panic attacks and anxiety to call and state those things. Or id be spiraling the night before and not sleep or wake up on time to notify work. Or when calling I didn't stare the word FMLA, just said I wasn't coming. (The last thing I had said after I'd been using it for a while and calling the same people, and had wrongly assumed that they would know I was using FMLA.)

Here is where the issue came in. There were red flags before all this that I regret not telling my higher up about beforehand. Like when I had a panic attack and decided to stay home using FMLA. I came in another day and a co-worker told me that my boss had been making it seem like I had been taking advantage of the system or something to that regard. I didn't say anything about it, I just went along with my job doing whatever was needed and leading the team without the appropriate appreciation in my opinion. I was getting burnt out, at one point. I broke and decided to have a conversation with my boss in the office. I cried. I called him out for talking about me. He apologized. I told him how I felt unappreciated, and he asked me what he could do better. Like a robot. He didn't really know what to say or do. The same week I'm pretty sure. My fiances brother killed himself in the same way that my father had. Obviously very triggering and I needed to be there for her. So I went home, not caring about accuring attendance of points because this was a big deal.

I was fired I think a few days later, because I "pointed out" Now let me explain the point system of corporate bs. I think you were allowed to get up till like 31 points until you were fired. You would get points on your attendance card for being late or calling off, the more points for the last minute call offs and such. Points would be removed only when you hit review periods at 12 points and I think like 18. So corporate would go over things when you hit that and look at the notes put in the call offs and remove points from there. That is where they would see the f MLA and not count those days against me. BUT like I said some days it was very hard for me to call, or I would forget to use the words FMLA so it wasn't put in the system.

So when HR went to review my points, they removed enough to get me only to 31, still a fireable amount. Funny coincidence.

My boss brought me into the office, and told me I pointed out, I was pretty in disbelief since I never been fired. I didn't think it was valid, so I just left. The next week when dealing with consoling family, and my own mental issues. I contacted HR to see what I could do about keeping my job. She told me she had spoke to my boss (this was shortly right after I cried to him in the office.) They said they went over my points. I had a few days left that remained on there and if I wanted to challenge those point amounts I would need to email the dates and who I talked to and what I said. Some of these dates were months ago, so I would have no idea what I said. And like I said I was dealing with a lot of crap so pretty overwhelmed, so I ended up not pursuing this route. I Began looking for another job, and filed unemployment, I only filed for I think the first couple weeks, because I realized the money wasn't going to get to me anytime soon. I had to go on the jobs website and type in all the jobs I had applied to, and it didn't seem worth it/my brain couldn't hadn't it at the time.) By the time I got the one unemployment check, I had already procured a new job. I got a notification from the government saying that Sheetz was disputing my claim of being fired unlawfully because, " I was fired in accordance to attendance policy." Which made me sad, but I just accepted it. And didn't challenge it. To my surprise, I got another notification saying that the government denied the company's dispute and says I WAS unlawfully fired. That is where I left it. It has been probably 2 years now at this point. I'm still in the city that I moved to for this position(I met my wife here so it wasn't all for nothing.) It's still a job that I wish I had and I thought I would go up in the ranks in. And also a company that I thought respected mental health. But they fired me on mental health awareness month, the month we were moving, the week my brother-in-law to be killed himself, in the same way that my father had, and then I had approved FMla that didn't save me. At the time I wish I had contacted a lawyer, to keep my job. I think about it now and that it's probably too late to do anything about it, and even if sheets would have hire me again considering they said I was lawfully fired but I rebuked this notion. So I guess my question is is there any financial compensation, or mental compensation that I can sue for even though it's been over 2 years?

submitted by /u/callmecado
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