surgery and employment

[Cindy Quebedeaux Breaux 9]

Well I had my appeal this morning. I think it went well. No one from Rue 21 was on the call. I let them kbow that I was discriminated ubder the ADA LAWS. Hope everthing goes in my favor.

[Cindy Quebedeaux Breaux 9]

I am typing too fast sorry for those errors. And I am tired. Didn't sleep at all last night.

[grace234 1]

You should be covered by FMLA but you need to get that paperwork in - failure to do so could cost you your job. Good Luck

[tbaby 27]

I have been a store manager for 5 plus years with Rue21. As a result of my surgery I was forced to quit December 9th. 4 days after surgery. The demanded I go to work. I could not even stand up. I was senta text from a manager on vacation and was told under the circumstances of her being on vacation and no one else to cover I have no choice I have to go in. I was not released from my doctor. I filed for unemployment. And Rue21 denied it. I have my apoeal next Friday. They put that I quit fir personal reasons. I have all the documents including the texts. Any advice from you would greatly be appreciated. I am 51 not many companies are hiring people my age.

Congrats on your surgery and sorry you are going through all of this. This is one of the reasons I am happy I work from home. As long as you have a paper trail there should be no reason they deny you what is rightfully yours. And if you were forced to quit just make sure you have proof to appeal....I wish you all the best. They have many jobs you can do from home....right now I'm sitting in my room working....as long as you have a computer and a phone you can find something from home....ever need help I can point u in the right direction of at home from there u do ur research and become your own boss.....(nothing like these scam at home jobs)

Don't let this stress interrupt your new life change, these are small bumps in the road

What do you do working from home. My job gives me a hard time just trying to go to my dr appts.

[emarieahz 1]

I agree with with Cindy, FMLA should have protected you. You should send the unemployment people documentation before your hearing

[emarieahz 1]

I agree with with Cindy, FMLA should have protected you. You should send the unemployment people documentation before your hearing

[Cindy Quebedeaux Breaux 9]

I had my hearing and was still denied. It was a phone hearing. From the time the judge starting talking I knew that would be the outcome. I am appealing his fecision. He failed to report most of the things I said. I recorded the whole thing. But I did find out that they violated the ADA LAW and the harassing me on the phone and texts messages is another issue. So I am filing with the EEOC. I worked for Rue 21. Now tjey sell cute clothes and I can mow fit in all their clothes but I would not buy from them. I also search the internet for complaints about Rue 21 and after reading those complaints I am embarrassed I worked there. They will get what is coming to them. If you get a chance look it up. I feel so sorry for the little girl who was 14. The sales person told her to leave because she was too fat to shop in Rue 21.

[terry1118 1,274]

I agree with with Cindy, FMLA should have protected you. You should send the unemployment people documentation before your hearing

I sounds like she didn't fill out paperwork for FMLA. It only protects you if you fill out the paperwork and qualify before you go out on your medical leave. I don't know if you can file the paperwork after the fact.

It seems to me, though I don't know the legalities of it, that if your doctor hasn't cleared you to work that they can't make you work. My employer won't allow anyone to return to work without a detailed doctor's note clearly stating his/her okay and physical restrictions, if any. Imagine the liability to the company if you hurt yourself on the job!

You can appeal the decision. Did you have letters from your doctor's office?

[wanttodelete 12]

I think thats illegal. Go into unemployment for your appeal. I bet you will get unemployemnt

[vicki1205 20]

You should win. if you couldn't work because u were sick that's not something you can control. I got unemployment approved for similar circumstances. I had to appeal it too because it was denied the first try.

[katt1584 46]

You need to get a consultation with a lawyer. If you quit a job unemployment will deny you...whatever the reason. If you were bullied into quitting a lawyer can argue that. If you have text messages telling you that you need to quit they are safe from paying you unemployment. Lawyer up! You should be able to get loss of wages from the company. If someone from their company is texting and bullying you they are responsible for her behavior. The unemployment office will continue to deny you..Please keep us updated!

[grace234 1]

Did you tell them as soon as you heard your surgery was scheduled that you were going in for a surgical / medical procedure? If so they would have had to follow FMLA laws - they have to hold your job for you assuming you worked there at least six months. It sounds like the for cause relates to your not showing up for work/job abandonment so work that angle. Good luck.