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Ask Tina Your Own Question
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a first level manager with AT&T and we have been

Customer Question

I am a first level manager with AT&T and we have been notified our department is affected by sir plus. I am eligible for retirement. The packages do include severance pay but my concern is I am working in a hostile environment due to a grievance against my manager and her manager for Placing me on disciplinary action due to a defective laptop and not submitting for my FMLA to be approved. Last Lee is I have been put in under a final warning for violating code of business conduct it which would never have happened if management have not put me in that position. I was never contacted by HR to explain the situation or provide documentation. I can no longer focus on my job due to constant harassment from my immediate manager and the area manager. The grievance appears to be in my favor however she cannot address the code of business conduct and sent it is handled by a different area of HR. We have the option to send met yes for voluntary Sir plus which I am considering due to my work environment. Would I lose my severance option by submitting a voluntary siurplus? Lastly could I am manager terminate me before I submit for a voluntary sir plus? If so do I lose my severance as well as my retirement benefits?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Atlanta Georgia
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Management is not union. It is a full-time position. We recently moved to this location February 1. I am not sure what you mean by is the employment agreement at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: If I walk in to work on Monday and my manager terminate me while a grievance is still active or are they able to terminate me while a grievance is still active If I submit for voluntary sir plus can I still receive my severance and retirement benefits?
Submitted: 7 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 7 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. So do you think that you're being targeted based upon your race, age, religion, gender, or disability? Is it standard policy to submit the FMLA paperwork to be approved? (that is, it's not because you actually took FMLA leave, but rather that you didn't comply with the policies / process in taking it, which is why you're being targeted)?

Expert:  ScottyMacEsq replied 7 months ago.

Did you see my follow up question to your issue?

Customer: replied 7 months ago.
In regards ***** ***** question about FMLA it is part of my grievance due to The new policy where I have to request my manager to open a case based on what they call a qualifying event. In my case it is intermittent leave as needed due to the change in distance I now have to travel 1 1/2 to 2 hrs to my job. We were relocated February one of 2016 where originally it took me at the most 45 minutes to get to work. I am only getting about three hours of sleep each night and due to the time I get home and the medicine wears off. My doctor wrote a letter to my managers manager requesting accommodations in order for me to be productive on my job. my doctor stated that due to the lack of sleep the medicine is not working so I am not producing like I used to. everyone else in my department comes in at 7 AM and because I am allowed to come in no later then nine they extend that to everyone. I have had many times that qualify for FMLA meaning I have to arrive 10 or after. Based on the FMLA question and answers it is my manager's responsibility to submit approval each time I qualify under the guidelines set for me. This should have been approved almost immediately after I started here. When I realize the difficulty I was having and I did not understand why I requested to open a case Mark 15 of this year meaning to thousand 16. I was finally approved December 9 which is now too late to help me. all I ever heard it was if everyone else can do it why can't I. I would think that is obvious based on the letter written by my doctor. He even suggested letting me work two days from home rather then the one day we are allowed but they did not want to do that. I assume they felt they would have to let everyone do that. A TNT does offer disability in my case it would be for mental disability that is the best way I can put it in. This would have covered my Tardes and I am not sure what else because that is new to me and was never told to me that it was available to use. When I spoke with The disability line they said once I applied it would be assigned to a case manager and they take it to my management to see if they would approve the accommodations. They do not like to let you do one thing and expect different only of the other which is not correct procedure when you qualify 4FM LA and or disability. It is to accommodate the individual with the medical condition. If that was not bad enough they changed everyone from a desktop to a laptop and I was one of the last to make the change. This was July 8. Ever since The change in equipment I continuously had problems with my laptop which no one believed that could possibly be the case since they did not have any issues including my management. I would go days without my laptop working properly for me to do my job which caused my productivity to get even worse if that was possible. I sent an email nearly begging my manager to help me with this issue since it is not in my permissions to resolve them. We have what we call an IQ bar on site that I was not aware of until my manager finally had enough of what she calls an excuse and I got an appointment with them at the I Q bar. They would fix it and it would not take long and I would have problems again sometimes the same and sometimes different. I finally was told by the I Q bar in December that there was no more that they could do except to try and re-image it. So I have had five months of never ending computer issues along with no FMLA and therefore no productivity or very little. I am sure my year end review will not come out well. I explained that none of this was in my control and yet I was placed on coaching and subsequently disciplinary action that started September 9. They basically were pushing me to meet the performance goals and and I would receive daily emails why did I not do this why did I not do that. eventually I ended up staying later even though by the end of each week I was still close to 40 hours. Even that did not help but they held that against me as well they were trying everything possible to push me out the door. I have been with AT&T for just over 21 years and met my retirement date. I was recently written up with a code of business conduct violation for working off the clock which I am aware of the rules but my manager would not assist with A dealer situation that had gotten out of hand. I took it upon myself to try and access what I needed but I was not on the clock and it was not for very long. So now I am on a final warning and we have just been notified that our department is affected by Sir plus. I do not know if I will be provided the 50% of your salary severance pay along with my retirement package due to the recent disciplinary action. I have along with everyone else three more days then I can submit a yes I would preferred to leave the company and it comes with the sir plus packAge. There are two things I am worried about and that is they would fire me before the sir plus
Customer: replied 7 months ago.
Unfortunately I have raised two children on my own with this job. They are older now but I do supply their cell service and TV service and whatever I can do for my children. I cannot afford any more than I have pain. So sorry! I have to drive home now. Hopefully you will be able to reply with something that will help me. Thank you for your time.
Expert:  ScottyMacEsq replied 7 months ago.

FMLA doesn't really deal with "reasonable accommodations" but rather time off. The Americans with Disability Act (ADA) deals with reasonable accommodations. Do you have a disability under the ADA? I don't recall in the information that you provided me if you mentioned what the medical condition is...

Expert:  ScottyMacEsq replied 7 months ago.

I see you have not responded in some time. Did you wish to continue with this question?

Customer: replied 7 months ago.
No I'm done. Thank you for your time.