[amyfk]

Hi to the Board,

I hope everyone is well.

I am writing because I ran into a very upsetting problem with work. I was a part-time librarian in a public library in central NJ for five years. I was an employee in good standing.

I found out that I wouldnt be eligible for the NJ familiy medical leave act because I didnt work enough hours. I worked 19 hours a week and you needed 20 hrs/week to get FMLA.

I was unionized under CWA and I was told I could request a leave under the CWA contract. I requested three months off without pay. I was denied any leave by my director. I used up my paid leave and it turned out that my paid leave ran out two weeks when I returned home from Russia. I was expected to report back to work in two weeks. I appealed the decision to my library board with documentation from my IA doctor, my adoption agency and with my CWA union rep. My library board of trustees(the director's boss and folks appointed by the mayor) also shot down my request. I was devastated.

My union rep from the CWA tried to negotiate a deal with the management at my library. I was told I could do a "forced resignation" and be eligible to collect unemployment. My director and I signed a document whereas I would sign off my job, and he wouldn't contest my unemployment if I signed off.

This past Tues i had my phone appt. with the unemployment bureau. I explained the case to the lady. She put me on hold to talk to my employer. The phone disconnected and I had no way to get in touch with the lady. I assumed I would get the benefits.

I got two letters today from unemployment stating that I won't be eligible for benefits basically because I did a "voluntary quit" and since I wasn't eligible for FMLA. She also wrote that I was home to take care of a child so I didnt deserve money.

I told her I am now ready to go back to work. I started sending out resumes. I called my union rep from CWA today and she is going to speak with her superiors at the union tomorrow to see how I appeal the denial of my unemployment.

Basically I am livid and disgusted by my treatment! Has anyone else encountered this? Should I just deal with the union, or should I be getting a labor attorney?

Lastly My husband is an independent businessman. We therefore pay in our own health benefits. My salary offset the cost of the health benefits.

Thanks for listening and any advice,
I am not thinking straight today,
Amy K NJ

[allerseelen4]

my only advice to you is: get an attorney and make alot of noise. good luck to you.

[lovestruck]

Hey Amy,

I am so sorry to read that things have turned out this way with your phone appointment this week! I have a good friend who is an employment/labor attorney (not sure of his exact title). Sometimes it takes me a little time to get in touch with him, but I'll contact you when i do. I know the history so I think I can fill him in pretty accurately!. I'll be in touch.

[kimber413]

Hi Amy. Sorry to hear about your problems. Unfortunately, I don't know about NJ unemployment eligibility, but in CA, you don't get unemployment unless you were able to take a job but could not find one. In other words, since you were staying at home with your daughter, and that's the reason you left your job, then you wouldn't be able to take any other work if it was offered at the time, and therefore you aren't eligible for unemployment. Once you were ready to go back to work, however, the unemployment should kick in until you find a job. And you cannot be forced to take a job for less hours or less money than you were making before. I have a feeling your employer may have known this and pulled one over on you.

However, if they are still denying your claim even though you're ready to go back to work, you should get an attorney and fight it. You can collect unemployment even if you quit a job. You don't have to be fired. You just have to complete the required waiting period.

[amyfk]

Thank you all for responding. Lovestruck, thanks for your help.

I will be talking to the lady from my union tomorrow. I was hoping my father(who is a union rep at his job) could help me, but he is on a cruise in the Caribbean sea as we talk. He wants to help me write up the appeal, but he won't be home until next week. I only have a week to appeal my claim.

I told the phone representative that while I wasnt ready to go back to work before, I am now ready and actively putting out resumes. The papers didnt say that the money would kick in as of this week.

I will try to see what the union can do. IF not I guess I will be seeking a labor attorney for lost money and grief.

Thanks to you all,
Amy K, NJ

[KiraLin]

Amy,

Yep, I also had loads of problems, took a lawyer to come to a resolution...in the long run worked out for the best for me. Better than I could have imagined (that is another story). You may have a case based on what you were told when you left about being eligible for unemployment. I can't say more on the board for legal reasons but pm me if you want more info.

Hang in there,
-Peg

[Annabell]

Dreadful!

Have you considered contact with the EEOC in Washington? It might be worth a phone call....

Your situation sounds like a clear-cut case of dscrimination, but there are many, many issues to consider in a case like this.

In any case, bless ALL of your hearts. I so much hope that things work out....

[amyfk]

I want to thank you all for your support. I have a letter from my library director stating that if I resign in good standing he won't contest my unemployment.

My blood is BOILING tonight. I hope tomorrow is a better day.

I will be speaking with my union rep in the a.m. to see where to go.

Peg, I'll PM you over the weekend when I can think straight! thanks.

Amy K, NJ

[Ebadge90]

I would start with your union, since they should be giving you free legal asistance on this issue. As a member of the union, they must represent you. If your local union will do nothing, contact the main union, either statewide or international.

[Ktates]

Amy - I am so sorry - like you haven't gone through enough during the adoption! I have no advice to add but just wanted you to know that I will keep you in my prayers that things will work out!

[skiboo]

I am sorry to hear about this further upset with your employment situation Amy. I hope you can work it out. I agree that you need to go back to your union as a starting point. Update us when you can.

[amyfk]

Hi and Thank you all very much for your support.

I spoke with a supervisor for unemployment in NJ and I spoke with my union rep today. I am going to do an appeal. The union rep gave me a good idea of what to write in my letter and I also have documentation of trying to work with the administration to keep my job. Lastly I have a signed letter from my director stating that he won't contest my unemployment.

My brother(who is a smart guy and a good writer) will come over tomorrow to help me put together the letter. Sometimes I like help when I am writing an important document.

Thanks all for your help. It's been a long, draining few months(but luckily the new baby is a joy!)

Have a good weekend,
Amy K, NJ

[DelMarie]

Hi Amy:

Although I technically didn't have problems taking my FMLA I too was very hurt and upset about how my employer treated me. I work in a very large hospital (RN) and was in a manager position of a very busy department for 5 years. This is the same employer I have worked for ever since my nursing career started in 1990. I co-managed with another full time RN. I made no secret of the fact that I planned on taking the full twelve weeks off. I thought I had done my job of communicating this.
We brought our daughter home on June 1st 2005. We spent about 11 days in Russia. My boss phoned me at home on June 27 and asked if I was coming back to work on July 1st. I was in shock-I didn't know how to respond. I said no-I am taking all twelve weeks off. We hadn't even had enough time to bond, adjust, my daughter needed surgery for a hernia, immunizations, I was very depressed about putting my daughter in day care, very depressed as a new mom overall, etc...She asked if I would come into work the following week to talk about it.
When I went to have the meeting I thought I would get support from the other manager who I had worked well with. My boss basically said-it is a busy department, I need you back here, and part time isn't an option. I said ok I guess I have no choice but to step down as manager. She said ok-we will announce it to the staff tomorrow. I was hurt and in shock. I eventually helped to train the new manager and vacated my position in Nov of the same year.
I don't know if I would have wanted to stay in that position as the stress and demands are high but still felt it was cold treatment. Maybe my expectations were too high? It has been a year and a half since this happend and I still get upset sometimes just thinking about it. I still work in the same department-in a role I really am not fulfilled in but the hours are flexible and I can work it around my day care and I guess that is the number one priority. I still think every day about what I could do differently but the other positions require more on call, nite shifts, and a schedule that is difficult to say the least.

I know how you are feeling. Sorry so long winded!

[amyfk]

Hi Delmarie

I hope you are well today. I was sorry to hear of your story. I guess there is still a lot of work to be done to realize the balance of family and work in the workplace. I guess it can make you still mad, I feel mad whenever I think about my former job. I hope that you finally find a job that gives you career satisfaction and fulfillment.

Thanks for sharing,
Amy K, NJ

[lovestruck]

Amy, I just got back in town. I'll write you privately tomorrow. Haven't talked to my friend yet, but I will. It just takes a little bit of phone tag.