Ok everyone, I have a major problem. I was let go from my job after I gave birth to my twin girls. My employer sent me a letter stating that they needed to fill my position and that my dept only needed one person. I was granted umemployment. Then I filed a discrimination lawsuit against my employer. Then they offered me my job back because they said firing me "was a error" they only offered me my job back because they are in trouble with work force development. I had to refile unemployment after 3 months because I had an open claim from last year. Then I get a letter from unemployment saying they need to interview me because my employer stated I "abandoned my job" My question is can I still get unemployment even though they gave me my job back. Or can I argue that I have a discrimination lawsuit against them and that I shouldnt have to go back to work there? My mom thinks that because I have a termination letter, they cannot just give me my job back. my employer didnt fight the 1st tim
2007-05-08 14:55:24 · 4 answers · asked by ? 4 in Politics & Government ➔ Law & Ethics
Contact the EEOC Equal Employment Opportunity Commission, ask for a case worker and inform them of your story. Also look into the Family Medical Leave Act on the Internet and they can give you guidance to further answer your questions. This help is paid by your tax dollars. I would go this route before paying an attorney. If you know of an Attorney, not any Attorney but one that will give you an hour to discuss your situation at no cost, then that can be an option. Your Human resources Department should have information on such workforce violations, too. Think......then act.
2007-05-08 15:08:31 · answer #1 · answered by mark_hensley@sbcglobal.net 7 · 0⤊ 0⤋
From what I understand in your explanation, your mother just may be right.
Your former employer terminated you (very wrongfully, by the way), and that is what stands. If they offer you your old job back simply due to a lawsuit isn't going to suffice with unemployment.
The "interview" that they will do with you is ask what is going on. You explain it the way you did, including the info on the termination letter that was sent to you and the lawsuit you filed - which was all done BEFORE they offered you your job back. Once that is brought into light, I am sure you will receive your unemployment.
See, technically, since they terminated your employment, they would have to treat your "job offer" like any other job offer, and await acceptance or not. They wouldn't have done that offer if you hadn't filed a lawsuit against them, so they can't treat this like you "abandoned" your job. You lost your job due to someone's ignorance of the maternity leave laws, and the FMLA laws. I am willing to be that a few people at your former employer loses their jobs over your lawsuit. . .
Good luck!
PS - take your lawyer with you when you do the interview with unemployment. This might have some bearing on the outcome of the decision. But I do think you will get it.
2007-05-08 15:09:15 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
You need to speak with your attorney about this IMMEDIATELY. This can cause horrendous problems for you, not only with unemployment, but with your lawsuit. Do not speak to anyone else about it! Do not listen to anyone else about it! Go talk to your attorney ASAP!!!
2007-05-08 15:07:35 · answer #3 · answered by cyanne2ak 7 · 1⤊ 0⤋
Talk to your attorney, if you need one, check out the sites below. Hope this helps. I wish you the best of luck.
2007-05-08 15:32:37 · answer #4 · answered by citronge69 4 · 1⤊ 0⤋