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Old 06-21-2019, 11:07 PM
 
3 posts, read 561 times
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So I wanted to start a thread in regards to situation my wife is going through to hear anyones advice or experience in this matter.
My wife went on maternity leave and filled out fmla paperwork before having our twin boys. She also has 3 months of vacation time saved up to be paid throughout. While she was out of work her department got 2 full time employees to replace her. My wife has 6 plus years experience at this job.
As she was getting close to going back to work we were trying to decide if full time or part time would be better when thinking about daycare etc. She was trying to negotiate a new pay-rate given the 2 new employees she would end up supervising upon her return but her boss stopped responding or didnt get her last 2 responses in the negotiation process. My wife is a pastry chef and when the owner didnt get back to her she reached out to executive chef saying ill be coming back part time.
She then goes to the job to introduce herself to the new staff and to try to get idea of when she would be needed. The person that was doing wedding cakes in her absence freaked out when she saw my wife there and said she refuses to work with my wife and walked out on the job and said she wasnt coming back if my wife was coming back.
The owner, assuming now my wife is only available part time since he withdrew himself from the full time negotiation discussion had no choice but to tell my wife he no longer had job for her so the pastry chef who has been there 3 months would come back to work the next day. In beginning stages of the negotiations he did tell her, per fmla laws that her job is still available at same rate and benefits.
So... upon her leaving the job on her final day she has a document stating (bosses name and company) will not contest unemployment and owner signed it. Followed by my wife writing turned down full time job and she signed the same paper.
She has since filed for unemployment but seems to be taking some time and little confusion since she has been getting vacation paychecks while on maternity leave in regards to last day paid and last day worked.
To the best of my knowledge, the definition of unemployment benefits is to temporarily compensate employees whom have lost their job at no fault of their own!? Is she at fault? Any advice or comments would be great.

Sorry so long. Just felt like a lot of the details were important to mention.....
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Old 06-22-2019, 06:37 AM
 
9,409 posts, read 5,233,845 times
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Hmmm, you might want to post this on the Work and Employment or Health and Wellness boards.
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Old 06-22-2019, 06:44 AM
 
3 posts, read 561 times
Reputation: 10
Thank you for the response. I am new to this site as of yesterday... Could you give me a quick step by step how to do what you’re suggesting?
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Old 06-22-2019, 01:30 PM
 
9,409 posts, read 5,233,845 times
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Quote:
Originally Posted by kyb01 View Post
Hmmm, you might want to post this on the Work and Employment or Health and Wellness boards.
Scroll to the very top, click on "U.S. Forums". This will take you to the full array of boards including the ones I suggested you might re-post your problem.
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Old 06-23-2019, 04:41 PM
 
Location: on the wind
7,072 posts, read 2,899,892 times
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Quote:
Originally Posted by Dvo654321 View Post
Thank you for the response. I am new to this site as of yesterday... Could you give me a quick step by step how to do what you’re suggesting?
Actually this sounds more like a discussion for the Unemployment subforum located under Work and Employment. You'll need to provide your state. Your questions seem to be more about unemployment eligibility and compensation, not going back to work.

If I understood this correctly (and please, experts, correct me if I'm wrong), her original full time job was the one that FMLA was preserving. She doesn't want that job as it existed, she wants something different; essentially a new position that is part time. She didn't "lose" her original job, she decided not to return to the same terms after maternity leave. Then all parties signed an agreement stating that she was not going to take her old job back. All this could affect what (if any) unemployment benefits she is entitled to. The company does not determine what her unemployment benefits should be, the state does. I think the agreement the company signed simply said they won't fight whatever determination the state makes. As for the vacation day pay, that was owed to her based on her past work completed before she went on maternity leave.

Last edited by Parnassia; 06-23-2019 at 05:12 PM..
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Old 06-23-2019, 04:49 PM
 
3,538 posts, read 1,344,614 times
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my nephew was the father of twins 4 years ago.
his wife was in a similar situation. eventually,
she decided to quit. even if everything worked
out, she knew the resentment would recur.
unemployment compensation was not
even a consideration. she knew.
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Old 06-23-2019, 05:24 PM
 
Location: on the wind
7,072 posts, read 2,899,892 times
Reputation: 23939
My sister went on maternity leave with the knowledge that she would have her job back at the end of it. It was a fairly high profile position, heavy workload. This was before FMLA existed. She took her own accrued leave plus some mutually agreed upon leave of absence. All was well.

As she was getting ready to return to work she decided she didn't want to work full time and that spending time raising her daughter without childcare was essential. She started negotiating with her employer to transform her original position into a 3/4 time job, but she was very aggressive about the minimal hours, salary and benefits, claiming that she was of such value they should be glad to have her back on any terms she presented. They kept offering her the original position under the original terms of employment. Back and forth, back and forth. They finally informed her that she had been terminated, handed her the box and an hour to clear out her desk, escorted her from the building. She was shocked and incensed, fought it, claiming they were unreasonable. I don't know what her unemployment determination was, but I'm sure she fought for the maximum possible as well.
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Old 06-24-2019, 02:51 PM
 
2,561 posts, read 2,923,358 times
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Congrats on having twins, now that is a lot of work for any family!

The employer let your wife go at the job as "without cause," so she could file for unemployment. This sort of means your wife is not "fault" for losing her job, but asking for more money probably caused the job loss. At least the employer was flexible with allowing your wife to file for unemployment benefits. It's unfortunate that it turned out this way for her by losing her job.

My guess is this is a small business and the owner had to have other workers there in place of your wife during her leave. The 2 others doing her job are probably paid much less. Unfortunately it appears that your wife made the mistake of asking for more money and they did not want to pay it. Also it looks like the manager was at the mercy of this other worker who took your wife's position while she was away.

I am no lawyer, but I thought that people are not supposed to lose their jobs during or after FMLA, but I am sure there is lots of fine print for that depending on what state you live in and so on. For any type of specific legality questions, she should probably find a labor attorney in your state.

Personally I would just learn from this experience and move on especially since they are allowing your wife to file for unemployment. I think the best thing for your wife to do is to find another job while receiving unemployment.
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