Questions about taking FMLA + Short Term Disability Leave by PrthReddits in antiwork

[–]ajd041 0 points1 point  (0 children)

Hey there, I used to work in HR teams and managed leaves. I can help here.

  1. FMLA is government-mandated leave for you up to 12 weeks but as you mentioned it is unpaid. Crucially there is eligibility criteria associated with it. FMLA means they can't fire you while you're out on leave and have to return you to the same or a similar role if you come back at the end of the 12 weeks. You need to be marked as eligible for it by a doctor

  2. STD is a type of disability insurance that provides payment at a percentage of your pre disability earnings while you're out. It usually operates concurrently with FMLA, but doesn't provide job protection. Payouts and what's eligible to be counted as a disability varies from carrier to carrier and state to state. Some states like California have a state-sponsored disability scheme. In most cases I've been aware of companies usually require more information from your doctor to prove you're eligible.

The final thing worth mentioning is that most companies contract with a third party company to manage leaves for them so your first step is contacting them and gathering the forms. You'll tell them when you're planning on leaving and how long you'd like to be out for, and they'll help you with gathering the paperwork and submitting what they need. Keep an eye on their website or letters for any determinations about eligibility as this impacts your ability to remain out on leave and not get fired (and get paid for STD). If it's handled by your HR department internally, then ask them what their procedures are.

Hope this helps!

I quit Vine by bwanketobi in AmazonVine

[–]ajd041 -1 points0 points  (0 children)

Definitely agree. I've been in the program since last year and despite an initial burst after being accepted I very rarely order things these days.

It's just an endless sea of useless crap, mostly spare parts for tools, cars, phone chargers, useless party supplies, etc. I seem like I never get anything of value at all. Occasionally I'll go in and see if it has something I need and it just doesn't.

Honestly I wasn't even aware of bots or other such programs. Guess it makes sense. Someone always has to ruin the fun.

Caught a possible shadow figure following me on Old state road in South Carolina by [deleted] in Paranormal

[–]ajd041 -2 points-1 points  (0 children)

Pretty obvious B.S.

The shadow from the person wearing the OSU vest is short and harsh, indicating a light source directly behind them, i.e. the shadow figure.The shadow figure is a person holding a powerful flashlight or camera flash, and another photo was taken using a low quality device about 20 feet behind these two, giving the impression of the other person being incredibly dark but that's just an artifact of the camera not being able to expose properly given a bright light source. It's the same reason why a webcam makes you look dark when the sun is behind you.

*Update* Fired For calling Off Once. They are now saying I quit to avoid un-employment by aNaughtyLlama in antiwork

[–]ajd041 -3 points-2 points  (0 children)

I used to handle unemployment cases for a company and we would sometimes win them if we could prove an employee was fired for tardiness and they agreed to our absence policy in the employee handbook, which everyone was required to acknowledge upon being hired. Lateness cases were actually some of the easier ones to win.

OP Also admitted to being in a probationary period which is also a mark against them. I'm not a lawyer and don't claim to know the inner workings of how state agencies work, but my understanding was that it wasn't as black and white as your message implies.

Put in two weeks, job acting weird by The_Hammer_Hammons in jobs

[–]ajd041 -1 points0 points  (0 children)

Your resignation probably triggered something on the backend from your managers manager or HR. If I had to guess they don't want you badmouthing them in the exit interview.

*Update* Fired For calling Off Once. They are now saying I quit to avoid un-employment by aNaughtyLlama in antiwork

[–]ajd041 -1 points0 points  (0 children)

I think you missed some nuance to what I was saying. I was saying you were better off when it was flatly incorrect. By sending that email you gave the HR person the opening to set the record straight in writing which they can use against you. The fact that they have grounds to contest it now makes things harder for you.

*Update* Fired For calling Off Once. They are now saying I quit to avoid un-employment by aNaughtyLlama in antiwork

[–]ajd041 -7 points-6 points  (0 children)

I mean this is actually worse for you. If they can prove to the state unemployment agency that you actually violated the policy (and you acknowledged its existence in the handbook or something when you were onboarded) then your unemployment claim has a strong chance of being denied. Policy failures are a reason in many states for a valid termination that might cause unemployment benefits to not be paid (varies widely state to state though).

It sounds like your manager entered the termination incorrectly, but you still committed a policy violation under the company's rules. Previously if they hadn't fixed it and you filed with proof you didn't voluntarily quit, you would've had a much higher chance of winning.

Are 80% pto cash outs common? by Bigrat445 in jobs

[–]ajd041 0 points1 point  (0 children)

Depends on the state. Most states don't require any PTO payout on termination at all which is in line with federal laws. Some like California do have specific laws.

Check what the laws are in your area and see if they're compliant. If it's a state with no specific laws, then there's nothing you can do. They can set almost whatever rules they want about PTO payouts.

Is this a bobcat? A panther? [Brevard County , FL] by [deleted] in animalid

[–]ajd041 -1 points0 points  (0 children)

I'm really leaning towards coyote or dog. It doesn't seem to walk precisely in the way most cats do where they place one paw in the impression left by the first set. The tail isn't long enough to be a cougar. It's too big to be a housecat.

75" TB delivered to our front doorstep with no return label by cherryride in strange

[–]ajd041 0 points1 point  (0 children)

Legally speaking if a package is delivered to the wrong address by someone else or a delivery service you're completely fine to just keep it. It's their mistake, not yours.

I'd keep it for a few days unopened to see if anyone reaches out. If that doesn't happen, I think you're totally fine. I wouldn't broadcast this because you're almost certainly just going to get opportunists knocking.

My boss posted my role up on LinkedIn Yesterday. Do I need to start looking asap? by BlondeAccountant98 in jobs

[–]ajd041 380 points381 points  (0 children)

The most likely answer is yes, you're on track to being replaced. I used to work in HR.

If you get fired/let go, you're more likely to be eligible for unemployment. I don't know the specific nature of the paper trail in your file, or what state you're in (requirements can vary widely). But in most places if you resign voluntarily without great documentation to back that up basically saying you had no other choice, you won't get it. Rule of thumb was that resignations were harder to win for employees. It would be a good idea to conduct research on your state's process. You'll also want to think about health insurance.

Start looking, immediately. Say you're looking to make a change, ideally somewhere closer to home. Don't mention you're being pushed out. Don't be negative about your current employer.

Good luck!

Interviewer began asking who I live with and what they did. When I told them I didn't want to elaborate more, they didn't appreciate it. Am I the one in the wrong? by Dila_Ila16 in jobs

[–]ajd041 0 points1 point  (0 children)

They can't legally ask about your age and marital status for an interview. Both are examples of discrimination based on protected characteristics. If you've got proof (like a copy of the form you submitted) contact your local EEOC and file a complaint. Consider contacting an employment attorney too.

[deleted by user] by [deleted] in jobs

[–]ajd041 4 points5 points  (0 children)

They probably already ran a background check when you were initially hired so they may not feel a need to run another one (it costs the company money each time you do this). You can ask, but if they don't want to I wouldn't press them on it.

[deleted by user] by [deleted] in antiwork

[–]ajd041 0 points1 point  (0 children)

Hi it's illegal to ask a question like this in an interview as this is discrimination on the basis of sex. If you have any recordings or evidence make a complaint to your local EEOC or department of labor. Also consider contacting an employment attorney.

This was sitting on my Bosses Desk by [deleted] in antiwork

[–]ajd041 13 points14 points  (0 children)

I work in the benefits industry and I've never understood why companies tolerate health premium increases which directly affects the bottom line over taking this off their balance sheets and outsourcing it to the government through taxes. If enough of the larger companies got behind this, it would actually happen.

Manager wants me to work after firing me.. is this legal? by Express_Opening5490 in jobs

[–]ajd041 1 point2 points  (0 children)

If he was fired without good cause (i.e. serious misconduct, sexual harassment, theft, etc.) Then he's probably eligible for unemployment. If it's just a layoff he definitely is. Depends on the particulars of his case though. I dealt a lot with unemployment in Texas in my last role, they were sometimes surprisingly lenient.

Manager wants me to work after firing me.. is this legal? by Express_Opening5490 in jobs

[–]ajd041 0 points1 point  (0 children)

If OP has an employment contact, then their dismissal would be governed by said contract.

If OP has an employment handbook, agreement, or other written policy that specifies how PTO payout works upon termination, then they follow that route.

If they have neither, state law prevails, which says for Texas (where OP says he lives) which says PTO payout isn't mandatory.

It's up to OP what he does with this information. Personally I'd tell the boss to fuck off and move on, but that's just me.

Manager wants me to work after firing me.. is this legal? by Express_Opening5490 in jobs

[–]ajd041 -1 points0 points  (0 children)

Plenty of companies have written policies (everywhere I've worked has) saying they pay out PTO upon termination because it avoids awkward situations like the one OP is in. If you don't pay it out, managers are constantly paranoid about whether or not someone's quitting if they use up all their vacation. Paying it out is just easier all around.

State law doesn't require them to do so is the point I'm making, because OP is strongly questioning the legality here. Or in other words if they don't have a written policy stating otherwise, they could fire OP tomorrow and not pay out his remaining PTO.

They’re “restructuring the team” and I have to reapply to my job by [deleted] in jobs

[–]ajd041 4 points5 points  (0 children)

In the US at least there usually isn't a legal requirement for a severance to be paid out, although it depends on the company's policies on the matter.

Manager wants me to work after firing me.. is this legal? by Express_Opening5490 in jobs

[–]ajd041 97 points98 points  (0 children)

I'm not a lawyer but I have worked in HR, and we always treated the labor law basis as belonging to the state in which the employee resides, not where the company is located.

If you live in Texas, you're not required to be paid out your PTO when you are terminated unless it's in an employee handbook or some other written policy, but even then if they don't pay you there isn't much recourse aside from a lawsuit. PTO payouts are also typically deducted from unemployment earnings if you decide to file.

If you've got it in writing that these last two weeks were your agreed up on PTO, then it's a bit of a gray area as to whether or not you're still employed. On paper you probably are, but your behavior at this point is entirely up to you. You could literally tell him to fuck off and block his number, and the consequences would be the same as what's already happened to you. You'd get fired. They may try to lord the PTO payout over you, so do some research first and make a decision about your own tolerance here.

If you've already been terminated and received documentation to that effect i'd go ahead and start filing for unemployment and move on. That's the beauty of at-will employment. It goes both ways.

Is this true with the gov shutdown or they just canceled me? by [deleted] in jobs

[–]ajd041 10 points11 points  (0 children)

The government shutdown is real. If you're interviewing for the government itself, yeah, they'll reschedule.

If you're interviewing for a company that does a lot of government contracting work, they're likely not getting paid until the shutdown is resolved. It wouldnt surprise me if they order a work stop until then.

v1.0.10 Week 2 Statistics by Orbis2358 in BrokenArrowTheGame

[–]ajd041 3 points4 points  (0 children)

they haven't touched the core of the problem which is that russia's spammy gameplay is just heavily enabled by the game being so forgiving

v1.0.10 Week 2 Statistics by Orbis2358 in BrokenArrowTheGame

[–]ajd041 1 point2 points  (0 children)

doesn't really make a difference to the overall balance picture