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Jeanne Hayes
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Legal Assistant at Law Office Of Harry Drandell

Terminated or job abandonment? Right or wrongful termination? #wrongfultermination #disability #unemployment

I left my position as a legal assistant of 18 years in search of "greener pastures" and found a position at another law firm taking less pay upon the promise of an increase in pay after three months of employment. I was also told that because of my extensive legal experience and new attorneys being hired at the firm that I would most likely "move up quickly" in the firm.

My position was primarily performing transcription work for two of the three partners in the firm (working along side of their legal assistants). After less than two months of employment I was given the transcription of the third partner (also, I need to mention that I have Multiple Sclerosis (MS) which for anyone who is unfamiliar is a neurological disease and stress is a huge factor in causing exacerbations, aka, flare ups). After just over three months working there I had a very big MS flare up and was hospitalized for six days because the left side of my body was shutting down and I could barely walk.

After I returned to work I went back to my regular duties and I decided that since my three months had come and gone I would ask for an increase in pay and mentioned that when I was hired I was told that I would receive an evaluation and most likely a raise. I was told by the office manager that she believed no one ever told me that I would receive a performance evaluation and that they "do not give increases after the first three months of hire" and with that, she would have to "speak with the partners" about it. Two weeks later I was told by one of the legal assistants I worked along side of that we were having a meeting in the library in 10 minutes. I was not told why or who would be in attendance. I arrive at the meeting where it was myself, the two assistants I worked along side with and the office manager. They were armed with samples of my work and proceeded to pick me apart "word by word" so to speak. Mind you, when I was hired I was told that my job, specifically was strictly transcription and nothing was ever said about proof reading it and that proofreading was the job of the legal assistants. After the meeting the two legal assistants left and it was just the office manager and myself. She then told me that in light of the meeting and my "performance" that they would not be able to increase my pay but would entertain a re-evaluation in 30 days. During that 30 day time period I was being harassed and pressured daily by the two assistants as well as the office manager. I immediately started "covering my a**" and proofreading my work (even providing the assistants with the document I had "red" marked).

I began to feel overly stressed and was getting a sick feeling in the pit of my stomach pulling into the parking lot every day. My hands and feet became progressively more numb day by day and then my face started to feel numb. That was when I went to the doctor and asked to be taken off of work pending me being able to get a referral and an appointment with a new neurologist. I was taken off work for just over a month before I was able to see the neurologist and when I saw the neurologist he put me on disability for two months.

Here's where my question comes in. After being off work for two weeks my employer sent me a letter saying they had to fill my position and that when I returned they would "find" me a new position, and that my health insurance would only be paid for three months (whether or not I returned to work, I assumed). Mind you, they did not even know how long I was going to be off work at this point. This all happened at the end of September, the letter was dated October 18, 2016, and my health insurance was to be paid through December 31, 2016. My neurologist ended up keeping me on disability an additional month through February 24, 2017, which I did not bother to tell my "employer" about because of an email I received on January 19, 2017, from my "employer", which was merely attaching COBRA paperwork (terminating my health insurance) which stated the qualifying event was "termination of employment" and the effective date December 31, 2016. Now I am trying to apply for unemployment and I explained this entire story to them in my interview (which I had yesterday) and the big question that unemployment asked was "did you contact your employer to ask for your job back"? I told them no, I did not because the job was causing me undue stress.

So, what is the opinion here? Was this wrongful termination? Was I terminated? Was this considered "job abandonment"?

5 Comments
about 9 years ago
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valerie keller
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Assembly Line Worker at Foutch Industries

Same story different plot u most certainly were and u should defentily get ur unemployment

9y
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Jason Chiever
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Termination is often considered a derogatory term, but it actually does not infer positive or negative. It is simply that employment ended. If you use the FMLA process, you have a certain amount of time you can miss that's considered covered. At which point if you return, they must give you a comparable job, if one exists. FMLA requires you to submit paperwork from your doctor at specific intervals and also continual communication with the employer. It sounds to me like that likely didn't happen. From the details you have provided, I don't believe it was wrongful in any way. In fact, it was nice of them to pay the insurance that they did pay for. It could be considered job abandonment by the employer, since you did not maintain communication. That said, the emails regarding the termination of employment and a record of the care you received might be sufficient for the unemployment office, to prove eligibility. Thats a bit of a tough one really.

All said, I think it is definitely in your best interest that you have moved on. Good luck on your search for the next chapter in your career!

9y
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Barbara blanchard
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in future you could ask for promises to be put in writing, and in file. also, you might be happier in a less stressful job, the environment you were in would stress most healthy people. good luck!

9y
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