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I've worked for the company for 4 yrs--2 in one dept and 2 in my current dept. My boss informed me today that I had 1 more week left in his dept. I was given no notice prior to this. I've had excellent evaluations since day 1, never been written up or verbally warned, always been told by him that I'm a great worker. My old boss in the other dept--again, same company--told him he wanted me back and that it would be full time because one of his ladies was out on medical leave. It would be varied shift times, same pay I'm making now. This dept is in the same building I currently work in. I like my old boss but I transferred from his dept into my current one in the first place because I didn't like working in that dept. It would make me physically I'll/nauseous just thinking about going into work. It's also a little stressful because so many arguments break out between the ladies working in there and you're expected to take sides or you're alienated and its just too stressful for me.
The reason my current boss has given me for wanting me to transfer is because he says relatives can't work together and he was chewed out because he accepted my transfer to his dept 2 yrs ago and my mother works in there. But I've worked in this dept with her for the last 2 yrs and everyone in the building--including HR & the administration (who he claims he got chewed out by) knew and knows we're related. Also we have 2 sisters working in our dept (separate parts of the building but still the same company) and he isn't letting either of them go. Plus one of them has a son-in-law that also works in our dept. And the dept he wants to transfer me back to--again same company--has mothers and daughters working together. I feel like I'm wrongfully being given a choice to transfer or accept being let go. Not to mention that I've had to endure a VERY stressful work environment in my current dept for the last year & a half due to harassment from coworkers as well as workers in the area I'm stationed in daily and he has never dealt with it; always swept it under the rug or was the one who got the harassment started just to see how long it would take to blow up like it did. He also just hired a lady to be a working supervisor--he said she would be doing more working than supervising--and he wants me to get with her next week which I'm assuming he means in order to train her on my area. To me, it seems as if he's forcing me to leave to move this lady in and she has 0 experience doing my kind of work (housekeeper at a hospital). This seems wrong especially since my mother and I are the ones who vouched for her when he first told us she applied a year at ago for any available openings--we handed her the application. Also my mother does 90% of his work (ordering, waste removal, etc) and he's still paying her as if she were only doing housekeeper work. He has also, in the past, messed up our clock in/out times to reduce our paycheck amounts. For example, one time he told my mother she was about 20 hours short then we knew she was and that I was about 10 shorter. He is always manually changing our times in the system.
Can I collect unemployment?? Even though I'm refusing a job offer that I feel I'm being wrongfully given and considering how it stresses me out to the point of getting sick just thinking about going in there? Can I ask for a severance pay since I would rather accept being let go rather than going back to the old dept? Can I fight this for wrongful termination/transfer? I have the number for a lawyer who specializes in wrongful termination. Basically what are my options? Also I suffered 2 nervous breakdowns in my current dept--one of which made me have to take medical leave and seek therapy for. I also have texts saved from where he has trash talked my coworkers and been caught in lies. Thanks so much for any help! Also I'm a vegetarian (for 16 yrs now) and the dept he wants me to transfer back to is a kitchen where meat is cooked all day and I would have to handle meat. I can not tolerate the meat smells and it makes me sick/want to puke and handling meat goes against my beliefs.
I live in Alabama. Also my old boss who wants me back (the dept my current boss is wanting me to transfer to) has not given me anything definite in writing (specified job, pay, times, etc). He has just said he wants me back. Plus I work strictly days now from 5am-1:30pm and I have to work a day shift and in my old dept it was always mainly night shifts with an occassional day shift but I only got days when I had to pull doubles--which was all the time.
Last edited by x2the3; 08-01-2014 at 02:14 AM..
Reason: forgot something
I also found this about beliefs. Would this help me?
A sincere objection against working on military implements of destruction because of religious beliefs, acceptance of such work being in fact an offense to claimant's religious and moral conscience, is not a proper basis for disqualification for voluntarily leaving employment without good cause when claimant was transferred to such work from work which was not objectionable to him. (A.B. 34,048-52; A-750-1161)
You need to shorten the story. I didn't want to read, and neither will a deputy adjudicating your claim.
Being fired from your current job because you have a relative that works there is NOT misconduct, and is a qualifying separation.
However, don't confuse things with the "transfer." In UI, there is no such thing. You are being fired from A job and being offered a NEW job.
New jobs are easier to refuse because the job must be suitable and since all this is happening in the span of seconds, you are entitled to a job that needs to be very close to identical to the job that you lost.
So, is the new job suitable. What are the job duties compared to your old one, distance from home, childcare arrangments, benefits, vacation, perks, just anything that that has a dollar value that you can attach to it. Avoid the fuzzy feel good stuff like the ladies making you take sides. That is not how suitability is measured.
You need to shorten the story. I didn't want to read, and neither will a deputy adjudicating your claim.
Being fired from your current job because you have a relative that works there is NOT misconduct, and is a qualifying separation.
However, don't confuse things with the "transfer." In UI, there is no such thing. You are being fired from A job and being offered a NEW job.
New jobs are easier to refuse because the job must be suitable and since all this is happening in the span of seconds, you are entitled to a job that needs to be very close to identical to the job that you lost.
So, is the new job suitable. What are the job duties compared to your old one, distance from home, childcare arrangments, benefits, vacation, perks, just anything that that has a dollar value that you can attach to it. Avoid the fuzzy feel good stuff like the ladies making you take sides. That is not how suitability is measured.
Sorry, didn't mean to make it so long but I was trying to give you guys all the info I could. The new job is in the same building with the same company. I filed a claim with UI today so I'm hoping I'll hear something soon. I did it online and chose this reason: reorganizing/restructuring. It was the only thing I saw that seemed close to the relative reason. So you think I might be able to get unemployment and be able to refuse the new job? What do I need to do/say? How do I figure out how much I would get? I normally make about $708 every 2 weeks gross. Thanks
The refusal might not come up if you keep your mouth shut. Technically, you were fired, and you can let your employer make the case that they offered you a new job. You can be silent until confronted if it ever happens.
The maximum you can collect on UI in AL is 265/wk.
The refusal might not come up if you keep your mouth shut. Technically, you were fired, and you can let your employer make the case that they offered you a new job. You can be silent until confronted if it ever happens.
The maximum you can collect on UI in AL is 265/wk.
Thank you. We're calling an employee lawyer Monday to talk to him about fighting what my boss is doing to me and to file a lawsuit. Hoping this all works out.
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