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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36753
Experience:  I provide employment and discrimination law advice in my own practice.
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I had an above knee amputation 7 months ago, and suffer from

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I had an above knee amputation 7 months ago, and suffer from severe peripheral arterial disease. I returned to work 16 days after my amputation. I am on a hefty dose of blood thinner which must be monitored. Recently my general physician called and told me to get to his office, my hemoglobin was dangerously low and they needed to detrmine where or how I was loosing blood (iron). I had a very honest breakdown with my dr and explained that my boss was a bully, constant
Y belittling me for having to leave to see a prosthetist, throwing things around the office and literally having meltdowns at the drop of a hat. He is a very large guy, and honestly quite terrifying. (I have over the last two years complained to my HR dept, the president and the ceo about this Jekyl and Hyde personality, and sincerely XXXXX XXXXX needs mental help and medication. My dr immediatly said, "you can not go back there, it is that simple...the stress was going to kill me...he now understood why I was on anxiety medication, high blood pressure medication and said he had a pretty good reason to think I was loosing Iron thru ulcers." I notified my employer of the doctors concerns and went on fmla 8 weeks ago. My vascular surgeon also submitted fmla certification and said I was a recent amputee and required significant time off to determine the cause of the critically low hemoglobin levels and properly fit a new prosthetic , but should eleminate ANY stress.

I was paid an additional payscheck and that was it, i began feeling better almost immediatly and have no intention of returning unless they remove this manager with the anger issues. About 4weeks into my leave the company turned off my company phone and compny emails...clients were contacting me via alternative methods, fb, twitter. And asking what was going on, that they were told that there accounts were now handled by someone else indefinatly. I assumed that this pretty much made their intentions clear so opened up a small firm offering my services (i had a small firm prior and was headhunted to shut it down and join this larger company..my noncompete is double edged. It reads " Employee agrees to not solicit any client or business account which company has at time of contract, ans company agrees that any client or business account that employee brings shall belong to employee".

I would NEVER go after accounts that were not mine, out of pure respect for the executives who manage them, and fairness; however, my clients are contacting me, and I am offering my services and most if not all are moving firms. I was recently at a convention with my handicapped scooter and the manager with the anger issues noticed me and came up and asked if I was here in an official capacity formthe company. I said no, why would I be? He said HR has been attempting to contact me, and I simoly said, that would be easy if you had not turned off my phone and email;nonethless, us mail still delivers and I have received nothing. Three days later i received a call from HR (the same director who I had files multiple complaints with regarding the danger of this manager). She said that I was seen out at a convention and they believed my fmla was fraudulent. I countered that imwas under the assumption that they terminated me when they shut off phone, email and told my clients i was no longer on their accounts...she said they needed recertification, I said "are you saying you have not terminated me." She refused to answer. Given the fact that my fmla leave was primarily based on my ,ental state and stress level caused by the anger management issues (who i had again reported thru all the proper channels). My doctors still did not want me in the environment with him and sent recertification. Not even sure why, I told her I had no intention of returning unless something is done about him, And as previously stated have opened my own firm back up.

Two days later I get a check in the mail for $1879.00 called commissions due ...it came without the usual breakdown of how they arrived at that figure, and by my calculation is light about $22.000 ..I did not expect to get anything.

I have NOT deposited the check, my question is should I return it, is this some odd legal maneuver to get me to cash it as acceptance of something? Or am I overthinking it?

This manager with issues is actually constantly screaming and throwing tantrums concerning me to other staff members that I always fake this shit to get time off....(ok cut off my leg so I can have a couple weeks??.)

Now he is telling everyone colleagues, clients..that I am addicted to pain medication... Of which I take NONE.

My apologies for the grammar, my Ipad
is getting old :)
Submitted: 8 months ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Not a problem on the grammar, I understood the situation. What, ideally, do you wish to accomplish here? Are you consider a suit for discrimination or a hostile work environment? Are you considering a defamation suit? I am assuming that the check came with no agreement with it, simply with information--correct? While on FMLA, do you receive any benefits from them, such as insurance or other coverage?
Customer: replied 8 months ago.
Ideally, i simply wish to move on and be happy. I do not want them coming after me because I have a loyal client base who like me, not the firm I represent. Understandably, I am concerned about the "addicted to pain pills" statement which is absolutely not based on fact, but could easily be "understood" and cause an issue with clients based on what I have been thru..

I am not big on suing; nonetheless, I am not educated in these matters enough to know if it boils down to the "first dog to jump", has the upper hand?

i also find it extremely disturbing that they allow this person to remain there, clearly knowing how unstable he is. I feel guilt for abandoning my employees to fend form themselves and would hope,that the company might use this as a means to intervene and get him help, therapy..removal?

The check was simply a check with a sheet attached, titled commissions , i have had insurance while on fmla, I do not know if my health would have declined so rapidly had I not been subjected to this manager, nor if that could be determined, or if I even have a case should I wish to pursue one. I simply know between right and wrong, and in this particular situation I am right, morally, if not legally.

I have been around many personality types in twenty years of upper management....NOTHING remotely close to this..

I hope,I answered your questions...

Thanks
Expert:  Dimitry K., Esq. replied 8 months ago.

Quincy,

 

Thank you for your follow-up. Here are some of the issues as I see them. If I miss anything, please use the 'reply' button and I will further clarify. Any money you receive, if you are not going to pursue them for anything, is yours to keep. Since there is no contract attached and no specific language, accepting the funds does not limit you from anything else. If they still owe you money, then you may want to contact them and to issue you a check.

 

Second, I do not see you as terminated. Termination requires notice. It might be an in-person speech, phone call, email, even a text message, but SOMEONE has to tell you that you were terminated. If you are still receiving insurance, as that is being done via the company, you are still nominally on staff.

 

Third, that may create a problem with your current business. Since there is a non-compete, it may have a clause barring you from competing against the company or even 'moonlighting' somewhere else. So that may give them grounds to terminate you 'for cause' and that would then possibly effect benefits, if you are expecting to receive any from the state or other entities. Hence, it may be wise to press the company as to your status to get a formal answer or else this may give them grounds to possibly even sue you for breach and damages.

 

Fourth, if you have had such a nasty manager, you may have a basis for filing a grievance with the EEOC for 'hostile work environment' and pursue the company itself for damages. An employer is obligated with the ability to work relatively safely. You can work for a jerk, that is not against the law, but if he or she intentionally causes you harm and affects, that may violate state and federal law.

 

Hope that helps.

Customer: replied 8 months ago.
Terrific answers. Thank you.

One clarification on your third point. If I press them for an answer as to my status and they refuse to tell me or terminate me, should i resign. I have zero intention of returning. I am hoping that they realize coming after me has a double edged sword, as my complaints were numerous and all the way up the food chain. I was also a senior executive, unfortunately, in a satellite office with this manager.

I have no interest in unemployment, i just want to move on happy and healthy.

Thanks again
Expert:  Dimitry K., Esq. replied 8 months ago.

Thank you for your follow-up. I appreciate your replies.

 

If you press them on status and they terminate you, you can no longer resign--a resignation happens BEFORE the employer makes a decision so if you do wish to resign, simply do so before they give you any answer. I cannot tell you if you should resign, as I am not your attorney, but that is your choice if you are not under contract. Resigning would not affect your EEOC claims, if you choose to pursue them, but it would affect unemployment if you do change your mind and later decide to file for it.

 

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36753
Experience: I provide employment and discrimination law advice in my own practice.
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