Sunday, July 17, 2011

What do i ask for in an EEOC mediation?

I was an employee for a huge international company for two year when i was DX with breast cancer. I had been promoted four times and was in the top 2% of my company nation wide when I closed the year. I have never been in trouble and I won over 15 awards for performance. The company requires a mandatory 50 hours work week. I took FMLA for a bilateral mastectomy w/ reconstruction and the med cert said 4-6 months for treatment initially before anything was known. My boss tried to terminate me during FMLA and it took the company 3 weeks to respond to my initial issue. When an investigation was done they only talked to my boss and not the employees that heard things while I was on FMLA. They told my boss not to call me, but he did anyway the next day. When I called to report the fact that I received a call the HR rep told me to give him a break. This was for a guy that called me yelling the i am not guaranteed anything and i am not on FMLA. The benefits manger then told me he called and got in a fight with HR about the FMLA approval. The same day of his arguement with the HR dept he showed up at my store and had a meeting that all the employees perceived as a meeting sataing thery were better off w/o me. The HRD was requesting me to work it out and I knew that I had to try. I spoke to my boss and he denied everything even things the benefits manager told me happened. The thing is the benefits manager was put on the phone to me with the title of VP of HR? Well I spoke to my boss and told him it was all a little to much to be blown off just like that and that I was not able to justify it all but i would try to work together. I had to constantly justify my actions and if I missed work I would get a phone call at home requesting details. I requested an accomodation before i went to work and was told I do not need to do anything but send a dr release. The details of all of this were documented in over 50 emails to the corp office. I went back to work just after 12 weeks, and I was told by the HRD that if there was any suspicious behavior he would know my boss had a hx of wrong doing and resolve it quickly. The day I went back the HRD text me he was transferred and I had a new HRD that had all my information. I had 10 days of vacation I was told I could use when I got back immediately if I wanted, and they were well aware of the fact I had my third surgery 1 1/2 weeks after I returned. They allowed me to return to work just three days after my 3rd surgery w/o a note. i asked about an accomodation to my boss and he said I dod not have a disability because technically my cancer is gone. I turned down both chemo and tamoxifen until I could get an accomodation request approved. they state in the rule book they do accomodations, and my bos told me him and his supervisors were working on my behalf to get me an accomodation. I grew more and more depressed over eight weeks of constant scrutiny and questions from my boss. he belittled me telling me I need new dr. he asked if i wanted special favors. If an employee missed a day he told me they are following my example. I was told I had to wait to start DM training that I was approved for before I left until I proved myself again. Things got bad when my boss started making me stay home from work if I called having to go see the dr. all my pleas for help were ignored when I finally got ahold of the new HRD he told me not to call him again and he knows exactly who i am. I was having a lot of bone pain which is normal for a 39 year old after my surgery. I called my bossed supervisor a week be for I was placed on a "leave". My boss's supervisor said he knew nothing about my request and if he had anything to do with it i would be there a long time. I was devastated that my boss lied about them helping me. 5 days later I was paid a final paycheck and told I am on leave. a leave i did not request but prior when i spoke to my boss he asked me twice, "is this your resignation? is this your resignation? Then i asked if he wanted me to return to work and he said, "i am not going to answer that question". He even told the HR department he said that to me and they said I must of misinterpreted the meaning? I was working till 9-10 every night to make up for any late time and I am a single mom. I pushed for the accomodation request approval and they mad me place it in writing again with exactly the schedule i wanted. i said i do not know I may not miss at all it just depends and I gave them a starting point to review. I figured we would work it out together but the board with an owners rep answered just NO. and refused to place it in writing. i sent them an email asking for a response in writing and no response. I went to apply for unemployment and they approved saying i was dimissed because i did not qualify for any positions. I have lost everything i worked hard all my life to obtain. What do I ask for?

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