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I would like to know if I have any legal rights with the company I worked for? I requested a transfer out of state because of my childs medical conditions, so that we would be closer to great doctors and a great childrens hospital because her medical issues were not being resolved where we had lived. After requesting the transfer in my current position they denied it because they said there was nothing available in my current position and it made me feel like it was denied because of my childs medical problems. Then I said I was willing to step down and transfer out as a team member. They granted the transfer and I put everything in place for the move after finding the restaurant I was going to transfer to. Towards the end of the moving process I learned that my transfer was denied and also found out that they did in fact have two positions available in the area I moved to. Again I have the feeling that I was pushed out of my job because of my child medical problems. Do I have a case?
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Re: Wrongful termination - I was pushed out of my job
I wish to inform you that you may not file a case against your employer. In this regard under ADA or similar laws law provide that accommodation must be done to person and parent of child is generally not given accommodation. Your employer has right to refuse your transfer and thus refusal cannot be basis of lawsuit.
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Re: Wrongful termination - I was pushed out of my job
You have no case. They are not required to rehire or allow a transfer because of your child. Further, they would likely find you to be undesirable, as you have advised them you will have limited availability at the future location.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: Wrongful termination - I was pushed out of my job
A feeling that the reason was due to your child's medical problems is not proof. Even if there was proof of that, it's still not an illegal or wrongful reason for pushing you out of your job. The issue was likely your unavailability due to your child's medical issues. If you're not at work, someone else must do it for you.Originally posted by kbemman34 View Post
Apply for unemployment benefits and look for a new job. While you're home, enjoy your time with your child."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."Comment
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