surgery and employment

[Cindy Quebedeaux Breaux 9]

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.

[KristinaRnY 455]

I have no idea but I would have called human resources before I would have quit. Did you request the time off before hand?

[Cindy Quebedeaux Breaux 9]

I was 4 days out of surgery. In pain and totally out of it. Emotionally stressed. I would have been a liability if I would have gone in. I tried to get someone to go to in for me. No answer. And the manager that texted also said in a text that she did not know whether I was dick or not but I needed to be there because she was on vacation and we were preparing for holiday delivery and she did not want things to get backed up. The thought she doubted I was sick made me mad since this was the person I awarded my job to and I stepped down to assistant manager just 2 weeks prior. I was under no condition to even think straight. As for as hr. I did not call them it was last minute when my surgery was scheduled. I we n t to dr on Monday they scheduled me for thursday. I had pre op on Tuesday and was off on Wednesday. I guess now I know that company doesn't worry about their people. Its the almighty dollar.

[KittyKat848 93]

Did you advise your employer that you'd be off due to major surgery? If so, you will certainly win your unemployment claim. In fact, I'd look into hiring a lawyer and filing a discrimination suit.

[Cindy Quebedeaux Breaux 9]

The manager on staff and our Distr ict Manager was aware of the surgery. The doctor said some patients can go back that I soon.I just wasnt one of them. I sure hope that I win this. I need the money. I b am now suffering with Vitamin B-1 defeniciency. I gorgey all the time. Want to sleep dizzy cant stand too long.

[YoColeFleet 246]

I was 4 days out of surgery. In pain and totally out of it. Emotionally stressed. I would have been a liability if I would have gone in. I tried to get someone to go to in for me. No answer. And the manager that texted also said in a text that she did not know whether I was d**k or not but I needed to be there because she was on vacation and we were preparing for holiday delivery and she did not want things to get backed up. The thought she doubted I was sick made me mad since this was the person I awarded my job to and I stepped down to assistant manager just 2 weeks prior. I was under no condition to even think straight. As for as hr. I did not call them it was last minute when my surgery was scheduled. I we n t to dr on Monday they scheduled me for thursday. I had pre op on Tuesday and was off on Wednesday. I guess now I know that company doesn't worry about their people. Its the almighty dollar.

You will win, get your paperwork from your doc office stating you were under doc care and make sure you have a copy of your leave of absent or anything that states how long you will be off work. Companies like this try stuff like this. Good luck.

[Cindy Quebedeaux Breaux 9]

I did not have a leave of absent. I was off for 5 days. So I do not know how I stand. But I have my doctors release and all the texts that were sent to me

[terry1118 1,274]

Are you in the US? I went out on FMLA (Family Medical Leave Act). It protects your job while out of work and allows you to collect temporary disability (even if you use accrued sick time, as I did - I was used that and received TDI while out of work). I only needed two weeks out of work but I wanted to be prepared if there were complications. I would highly recommend anyone use this option just in case.

[ElleG 394]

I did FMLA too. I made sure all my paperwork was in and it was approved before I left. I too am a manager and I just took the maximum amount of time just in case I was off 6 weeks.

I wish you the best... I hope this works out for you. Best Wishes

[YoColeFleet 246]

I did not have a leave of absent. I was off for 5 days. So I do not know how I stand. But I have my doctors release and all the texts that were sent to me

it sounds like you were to return in five days, that's why you received the text messages, if that's the case, according to HR Rules, as it relates to unemployment, your chances are 50/50, if the mediator considers your health at that time of return....speaking from HR side of things.

[YoColeFleet 246]

I did FMLA too. I made sure all my paperwork was in and it was approved before I left. I too am a manager and I just took the maximum amount of time just in case I was off 6 weeks. I wish you the best... I hope this works out for you. Best Wishes

yes, if you had FMLA, then you have a case.

[life_after_gastric_bypass 214]

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

[Cindy Quebedeaux Breaux 9]

yes I am interested I in what you are doing. Working from home. Therr are a nunch of scams out there.

[life_after_gastric_bypass 214]

yes I am interested I in what you are doing. Working from home. Therr are a nunch of scams out there.

I sent u a personal message

[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.