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Old 05-31-2019, 01:18 PM
 
Location: Texas
166 posts, read 65,727 times
Reputation: 125

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I have been on FMLA/STD from work due to job stress for approximately seven weeks due to severe depression and anxiety
July 8 th will be my official return to work day if I do not return to work I will lose my job protection status
And could possibly be terminated . I ve been going back and forth with myself on whether I should or I should not go back if I am unable to find a job by that time . Before I left , it was a lot of drama between my self supervisor and I . She lied on me and put me on a PIP , and So I reported her to HR for bullying and harassment during my three years of working under her

The day I left for leave, I broke down and a nervous breakdown and cried in front of the entire department which by the way was very embarrassing

I filed a case with EEOC a week ago against the company and so now if I go back
things will be very strange and awkward


What would be your advice in this situation, should I go back or should I just resign and donít look back
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Old 05-31-2019, 01:53 PM
 
9,254 posts, read 11,806,344 times
Reputation: 14509
If you have a return to work date and you either fail to show (job abandonment) or resign (quit), you will be disqualified from receiving unemployment benefits. If you report to work as instructed and for whatever reason they let you go for any non-misconduct reason, you collect unemployment courtesy of your former employer. If you report to work as instructed and they terminate you for some questionable misconduct reason, you should be able to make a case for retaliation thus able to collect unemployment benefits. Of course if you just can't take it, walk away and find a new job.
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Old 05-31-2019, 01:58 PM
 
Location: Texas
166 posts, read 65,727 times
Reputation: 125
If you were in my shoes what would you do ?



Quote:
Originally Posted by Rabrrita View Post
If you have a return to work date and you either fail to show (job abandonment) or resign (quit), you will be disqualified from receiving unemployment benefits. If you report to work as instructed and for whatever reason they let you go for any non-misconduct reason, you collect unemployment courtesy of your former employer. If you report to work as instructed and they terminate you for some questionable misconduct reason, you should be able to make a case for retaliation thus able to collect unemployment benefits. Of course if you just can't take it, walk away and find a new job.
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Old 05-31-2019, 02:19 PM
 
2,078 posts, read 1,854,906 times
Reputation: 2677
For the sake of your health, find another job.
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Old 05-31-2019, 02:44 PM
 
11,121 posts, read 8,527,266 times
Reputation: 28084
Quote:
Originally Posted by Newbieontheblock86 View Post
I filed a case with EEOC a week ago against the company and so now if I go back
things will be very strange and awkward


What would be your advice in this situation, should I go back or should I just resign and donít look back
1. Go back to maintain your income.
2. An EEOC complaint is a legal matter. Your manager and all of your coworkers will have to distance themselves from you. It will be 100% different and awkward.
3. Look for another job and develop a thick skin in the meantime.
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Old 05-31-2019, 02:50 PM
 
83 posts, read 24,264 times
Reputation: 468
Quote:
Originally Posted by charlygal View Post
1. Go back to maintain your income.
2. An EEOC complaint is a legal matter. Your manager and all of your coworkers will have to distance themselves from you. It will be 100% different and awkward.
3. Look for another job and develop a thick skin in the meantime.
This is the 100% sensible, correct, rational, practical, most beneficial thing for YOU to do.

What are you going to do?
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Old 05-31-2019, 03:19 PM
 
Location: In a vehicle.
5,021 posts, read 3,209,323 times
Reputation: 8208
Best to go back and FORCE them to show their hand. If they're smart, they may have reorganized the office and moved the supervisor out so it's not like it was. Or they're hoping you bail. But by all means, go back, collect the paycheck and be beating the bushes for a new job...
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Old 05-31-2019, 03:52 PM
 
Location: on the wind
7,092 posts, read 2,905,107 times
Reputation: 24004
Quote:
Originally Posted by Newbieontheblock86 View Post
If you were in my shoes what would you do ?
Did you attempt to find another job during your weeks off?

Agree with the others...If you don't go back you lose everything all at once. Go back on your report date, suck up the EEOC complaint fallout (you did consider this possibility before filing it right?), continue searching for a job, and keep the salary (and the benefits) coming in until you do.
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Old 05-31-2019, 04:00 PM
 
Location: Florida
22,270 posts, read 9,461,111 times
Reputation: 18188
I do not mean this in a disparaging way, but if you had a nervous breakdown, than I assume you have a therapist? Perhaps this is a discussion you should have with that person, rather than taking advice from anonymous strangers with no real knowledge of your mental health or situation and who have no idea what is in your best interest. That is just what I would do. If you had that type of breakdown, and you do not have a therapist--I would see one. Personally, I believe your mental health should come before anything else.

It is very difficult to look for other employment if you are depressed, and that can be a downward spiral.
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Old 05-31-2019, 05:01 PM
 
Location: Las Vegas, NV
1,314 posts, read 1,282,918 times
Reputation: 1306
Quote:
Originally Posted by Disgustedman View Post
Best to go back and FORCE them to show their hand. If they're smart, they may have reorganized the office and moved the supervisor out so it's not like it was.
This assumes that the OP's account is 100 percent accurate, which I simply cannot do just on the face of it. As a manager, I have been on the receiving end of unjustified EEO complaints (none went anywhere because there was never anything to begin with), and they take a lot of time and effort to address. One employee accused me of discriminating against her because of her religion, when I had no idea what it was. Another made an accusation of racial discrimination, when the issue was her blatant insubordination toward her first level supervisor and her unwillingness to perform the duties that we hired her to perform. There are legitimate EEO complaints, but all too often they are the refuge of people who refuse to see their own shortcomings and/or are unwilling to accept correction.
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