r/EmploymentLaw

Former employer may have told a client I was fired (I was laid off), costing me a job with the client. North Carolina has an anti-blacklisting statute. Do I have a case?

I worked as a management consultant for 10 years (salaried employee) until I was laid off last summer. The day I was laid off, I called the client I was working with to let him know and he immediately asked if I wanted to come work for him. He followed up with a link to apply. I applied and heard nothing for months despite several follow-ups. I assumed that my former boss had gotten to him and bad-mouthed me.

Four months later, my former client called and explained that he had tried to hire me but HR blocked it — because someone told them I had been terminated, not laid off. The role was doing exactly what I had been doing as a consultant, but instead being employed directly by the client. I was qualified and the client wanted me but was told no.

I have documentation proving I was laid off, and I have recorded calls (one-party consent state) of: (1) the original conversation where the client told me to apply, (2) my layoff call with the consulting firm, and (3) call where client confirmed he wanted to hire me but HR blocked it because they'd been told by someone (not specified) I was terminated by my former employer.

A couple weeks after that, he circled back and said it may have been a mix-up and that I had been cleared to reapply — but he never followed up again after that.

I believe my former boss (who was never a fan of mine) told someone at the client company that I was fired in order to blackball me from being hired there. I've now been out of work for a year when I could have been employed almost immediately.

Location: New York. The client and the role were in North Carolina, which has an anti-blacklisting statute.

Questions:

  1. Do I have a viable case/is this worth pursuing via a demand letter?
  2. Should I hire a lawyer in New York or North Carolina?
  3. I'd prefer not to be named in a lawsuit if possible — is that realistic?

edit: So, after re-reviewing the recordings this evening, the client said he wanted to hire me, but was told by his leadership that “he should stop pursuing me.“ I was wrong about the “terminated” verbiage — they didn’t say that. He said he was given no further detail but said it sounded like it came from my former employer. Is that not blacklisting?

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u/Melodic-Ad4719 — 1 day ago

[NJ/Hourly] Position eliminated on return to work date from FMLA

Employer states l’ve been terminated through no fault of my own because I no longer have a position to return to after taking FMLA, despite me fully expecting to return to that position. I had no prior knowledge of this, I was completely blindsided. Do I have any legal standing if, had I not taken FMLA, the position was not originally planned to be eliminated? I unfortunately cannot be certain if it was or wasn’t, so I don’t know how I could prove that otherwise.

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u/throwRA_42012 — 2 days ago

Oklahoma non-exempt

Hello, I am an hourly customer service worker. My company is moving its entire customer service department remote/work from home. As a part of this deployment I am being asked to perform an internet speed test from home.

I have not been given time to conduct this test during my normal schedule. When I asked my supervisor how I’m supposed to track my time for this task he advised I wouldn’t be paid as the test would take 5-10 minutes.

Via google my main take away is im supposed to be paid for all time permitted or suffered to work.

I’m not sure if my question is “Can I be fired (employment terminated with out the ability to collect unemployment) if I never find time to conduct the speed test?“ or “Why would performing the test not be compensate?”

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u/petralynn — 1 day ago

I’m in Nevada and that’s where this happened. My position was as a line level IT tech that was assigned to a specific office to report to. I’m a guy and had a woman make advances to me 3 times that I turned down each time at work. I believe this is relevant information as well that I’m Autistic and didn’t necessarily understand that was happening. I made sure to tell this woman each time that I’m not interested and that I’m fine with being friends. Nothing more and I don’t want anything more. As far as I knew, everything was fine. Then later in that same week after I had turned that woman down for a 3rd time, I was pulled aside by someone accusing me of sexual harassment against that woman at work. They had said I made this woman incredibly uncomfortable at work and how I needed to apologize for my actions in front of everyone in the office. I of course denied everything because I know for a fact I didn’t say what I was being accused of saying. I was accused of saying the following:
- That they bent over good when cleaning the microwave in the break room.
- That I commented on how big their boobs were to another employee.

I have an excellent memory and know for a fact that I never said such things. I was then being iced out by everyone at the office. I kept hearing rumors that people were saying I’m dangerous, this isn’t the first time I have done something like that, how I’m a predator, and how everyone needs to stay away from me or they will make their lives hell as well. I also heard rumors that as long as I kept my head down, that they wouldn’t report anything further. I was of course very scared and afraid as a guy regarding all of this. I kept my head down and I didn’t talk to anyone at work unless it was about IT issues I needed to get resolved or if someone asked me something. I kept all conversations short and professional. I didn’t feel safe anymore talking to anyone at work, and I was being intentionally isolated from everyone. I could no longer function without having my headphones at work because otherwise I would have severe panic attacks without them due to all of this. As someone who is Autistic, I started to really disassociate just to survive at work and then proceeded to have constant shutdowns due to being constantly overwhelmed from it all.

Fast forward to now, I was put on administrative leave and then fired within a few days. I was accused of the following in the meeting with HR:

- I was spreading around the office that this woman wanted to be friends with benefits with me.
- I was destroying IT equipment in the office.
- I was previously talked to by my former supervisor about my “poor behavior” at work.
- I was previously instructed by my former supervisor to use the entrance/exit of the office that’s closest to my desk.
- I was spreading defamatory statements about this woman at work.

During my conversation with HR during the “fact finding conversation”, I was informed of only a timeframe and location on when/where these events took place. I was informed of the following:
- These comments were made the middle to end of April.
- The comments were made in the break room, my desk, and the desks of other people in the office.

I was fired the same day by HR a couple hours after they conducted their “fact finding conversation” with me. I was informed it was because I violated their policies regarding employee communication and how I violated their policy regarding a safe work environment for all employees.

I believe that what happened was retaliation for me turning down the advances of that woman. At least, that’s what I believe from research everything.

My questions are as follows:
- Would I have a case due to this issue?
- Does the fact that I have screenshots of text messages and voice recordings help me have a case?
- Does the fact that I worked for a law firm as an IT tech hinder me from finding a lawyer that would take my case?

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u/No_Ranger_5635 — 6 days ago

Hello, here are the facts and nothing else, any thoughts or interpretations of options are welcome. I want to know if the company is in violation of the law, and if this seems like a case that would stand up in court. I also want opinions on if what I’m asking for is reasonable and if it sounds like the company is negotiating in good faith.

My spouse is physically disabled and also is diagnosed with a severe and persistent mental illness, both of which have the worst symptoms in the evenings. Because of this, I need to be home in the evenings to act as a caregiver. Under the previous contractor, I worked 8:30-5:30 Mondays and Fridays, and 9:30-6:30 Tuesday Wednesday Thursday, and it’s important to note that my supervisors say I’ve been doing a great job and have made measurable and tangible improvements to my department and operations at large.

I work for a Federal Contractor in San Francisco, CA that operates my site and several others. I started in January under a different company, and at the beginning of April that company pulled out and I was hired to continue with the new contractor. My role remains largely the same. I am an exempt salaried employee that is not covered by the McNamara-O’Hara SCA.

The new contractor typically schedules people in my role Tuesday-Saturday 11am-8pm for at least three days a week. Since April 1st, conversations have been ongoing about whether they will allow me to keep my current schedule, and pending their decision I have kept those same hours. My work performance remains unchanged.

Today, I was informed that despite my request for reasonable accommodations under the California Fair Employment and Housing Act, that they would not allow me to work my old schedule, or even come to a compromise on hours. They are requiring me to work Monday-Friday, 11-8 3 days a week and 8:30-5:30 the other two. I have offered to work one day a week 11-8, and two other days 10-7, but in my Director’s words they “aren’t gonna budge”. Their rationale is that no other sites operate with my position having a different schedule, and it isn’t fair to my staff that work 1pm-10pm if I’m not there later in the evenings to observe their work performances directly. I disagree on that second point, my staff typically begin their most intensive work from 4:30pm-6pm and I feel I would be able to observe them just fine. On the first point, I think that’s a non-factor because it’s highly unlikely anyone else has my specific situation.

The only other option they are giving me besides take the new schedule is to transfer me to a completely different department in a role that is wholly dissimilar to my current role, does not align with my career goals, and at a lower salary.

Thoughts?

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u/Fuzzybaseball58 — 7 days ago

Reasonable accommodation at work

I am seeking some advice about a situation I am in at work regarding a reasonable accommodation. I work as a bartender at a private members only club. I’ve been working there for the past 19 months and I’ve had the same hairstyle bangs (fringe), and within the last 2 weeks they are trying to enforce a dress code policy that requires everyone to have their hair pulled back completely off the face. Well, I happen to have a rare autoimmune disease that affects the eyes and makes my eyes very sensitive to light, irritants etc, and I asked for a reasonable accommodation to the dress code policy to allow my bangs as they act as a barrier against harsh lighting protect from environmental elements. I got a doctors note from my eye specialist fully supporting me and my medical condition. My HR offered no options, but transferring me to a different position in a completely different department with less pay and I will probably lose my health insurance in the process. She is saying that my bangs are such a food and safety issue that they cannot accommodate me in my current position. Should I accept the demotion and seek legal counsel or is this something they can fight? I have literally had no issues for over a year of working there and am amazing at my job, she just doesn’t care for me that much so I think she is making this difficult for me on purpose.

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u/CuntyKitty30 — 4 days ago

I work in accounting and have had several medical issues this year. I was hired in August. The company originally chose someone else, then reversed their decision two weeks later and offered me the job. In hindsight, that was the first red flag.
December:
I went to the ER for severe back pain. MRI showed bulging discs. I took a few days off.
Around this time, the company fired their India‑based employee after the October busy season. Then in January, they hired a new India‑based employee. Looking back, this felt like a second red flag — they seemed to be cycling through people instead of training them.
March:
I was rushed to the ER with severe stomach pain. My gallbladder was infected and needed to be removed. My doctor recommended two weeks off, but because it was close to the 3/15 deadline, I tried to return early. After a week, I realized I wasn’t ready for full‑time. HR approved part‑time.
After that, I was repeatedly asked when I’d be back full‑time. They always said “listen to your body,” but I could tell they were annoyed. They changed my salary to hourly during this period. I often worked over 4 hours anyway and returned to full‑time 2 weeks and 2 days after surgery.
Performance feedback:
Before my March surgery, my director mentioned “improving self‑review,” but couldn’t give specifics. When I asked the managers, they said it was minor (a missed box, sorting statements). It was never mentioned again. Every week I asked how I was doing and was told I was doing fine, that I was new, and that the first year is a learning curve.
At the end of February, I even asked if my job was secure before buying a car. They reassured me it was.
April:
I had a tonsillectomy scheduled since January. PTO was approved and they said it was fine to go negative because of my emergency surgery. I had the surgery on April 17 and returned April 27. The office was closed April 20–21 for a holiday. Tuesday’s team meeting was normal.
Termination:
On Thursday, during my scheduled one‑on‑one, the director suddenly told me the firm had “decided to go different ways” and I was being let go. No warning. No prior issues. When I asked why, she repeated that “the needs of the role changed.” My access was cut off shortly after.
Before losing access, I called a coworker who apologized and said the owner doesn’t give people much time to learn — “you either get it or you don’t.” When I was hired, I specifically asked if they were open to teaching because my previous job didn’t give me much training.
HR’s explanation:
I emailed HR asking for a proper reason. They replied that I was terminated effective immediately, paid through May, and they wanted my equipment picked up within hours (I was fired at 1 PM and they wanted pickup by 5 PM).
HR also sent this full explanation:
“We do recognize and appreciate some of the effort you put in, but at the same time, your role requires a level of accuracy and attention to detail that unfortunately wasn’t being met.
During your one-on-ones, we provided feedback about the need for you to complete more thorough self-reviews which was due to issues of inaccuracy and attention to detail demonstrated in repeated review points across multiple returns.
While the items you mentioned may seem minor (like the signature box, sorting workpapers, and not clearing e-file diagnostics), the frequency and consistency of these issues across multiple returns, even after feedback was given, made this a larger concern.
While we certainly encourage asking questions and expect mistakes to be made, this is intended to support the learning process. The expectation is that the feedback from those mistakes is applied to future work so the same issues do not continue to recur over time.
Based on the overall pattern of performance, we determined that it was not the right fit for the role and we wish you the best moving forward.”
Important context:
HR never attended my one‑on‑ones. They never discussed performance with me — only medical leave, pay, and insurance. The only feedback I ever received was the minor self‑review comment months earlier, which managers told me was not a big deal and which was never mentioned again. I had been doing detailed self‑reviews since then and even found something the manager didn’t know existed in the software.
Current situation:
Since being fired, I’ve been losing sleep, stressed about finding a job outside busy season, and worried about finances and medical issues. I cancelled my two‑week post‑surgery follow‑up to save money. I also take a medication that costs $450/month out of pocket and I’m worried about affording it.
My question:
Given the timing (multiple medical leaves, approved accommodations, returning part‑time, then being fired immediately after returning from surgery), does this appear to be retaliation or wrongful termination related to medical issues? What legal steps should I consider?

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u/Stop_Crafty — 10 days ago

Location: Utah

The Situation: I am a gay man of color and recently ended a nearly 15-year career at a major corporation. I was recently pulled into a meeting and given an ultimatum: resign or be terminated. I chose to resign because I felt I had no other option (constructive discharge).

This ultimatum was the result of a misdemeanor DUI I received entirely on my personal time, off company property, and not in uniform. There were no felony charges. I proactively disclosed this personal struggle to my leadership. Instead of offering help, they used my disclosure to force me out.

The Pretext: The official reason management gave for forcing my resignation was that a temporary restriction on my driver's license left me "unable to perform my job duties." This is entirely pretextual. My position does not require driving whatsoever. I was a top-of-scale employee, and I strongly suspect they used this as an excuse to cut my salary from the payroll.

The Company Policy: My former employer has a massive, highly regulated employee handbook. Regarding off-duty behavior, the policy explicitly states: "As a general practice, the Company does not seek to monitor or become unnecessarily involved in employee's off-duty, off-premises conduct."

The Disparate Treatment (Comparator Evidence): The core of my discrimination claim is how my situation was handled compared to a peer.

  • Me: Gay man of color. Committed an off-duty, non-operational infraction. Forced to resign under the false pretext of a driving restriction.
  • My Colleague: A straight, white employee. Arrived and clocked into work under the influence of alcohol on two separate known occasions. Under our company policy (and federal guidelines for our industry), arriving at work intoxicated is an immediate fireable offense and a massive safety violation. Instead of being terminated, this employee was offered company-paid treatment and kept their job.
  • Other Leaders: Other managers have committed severe, highly visible off-duty infractions (such as being forcibly removed from company services for unruly behavior) with zero disciplinary action taken.

My Questions:

  1. Because Utah is an at-will state, does this blatant discrepancy in the enforcement of company policy against a minority employee give me a viable Title VII discrimination or disparate treatment claim?
  2. Does the fact that they used a "driving restriction" as the reason for termination, when my job requires zero driving, strengthen a claim for pretextual termination?
  3. Is this worth taking to a local employment attorney on contingency?

Thank you in advance for your time and advice.

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u/Past_Land9606 — 8 days ago

Location: Wisconsin

Hourly

Can I be fired while applying for FMLA due to “unexcused” absences?

I’ve looked up FMLA laws and I am applicable for it, I have done some research and I know I can’t be fired for applying for FMLA but because I live in an at will work state I’m not sure if they can just fire me because of my absences and refuse FMLA like that.

Not 100% sure which subs to put this in so please tell me which ones would be better if not this one

So I’m currently in the hospital with my fiancé awaiting her to get emergency surgery, my boss has contacted me this morning as I had a couple days of absences this and last month due to the medical reasons that ultimately culminated in her needing this surgery.

Her symptoms would randomly flare up some nights and not others but it would be for 8+ hours starting at like 4 am sometimes so we would never be sure when it would hit

We had gone to the er last night and ended up getting admitted.

My boss has contacted me this morning telling me to call the store to tell them “if I still need this job” and that any absences from now on will be unexcused or I will be terminated

I was wondering due to the emergency reasons of the surgery and the fact that after surgery she will not be able to lift more than 15 lbs (we have a baby who is 19 lbs) if FMLA would be applicable and if I could tell her that I cannot come into work and apply for FMLA or if she would have legal grounds to terminate me as I apply for FMLA?

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u/Entire-Struggle-8226 — 6 days ago

[NH]

Took approved FMLA leave recently (2 weeks out + phased return) due to an unexpected illness. My job has “blackout/high volume” periods where PTO is supposedly restricted, but management regularly approves time off anyway — coworkers have taken weeks or even months off during these periods.

I asked to leave a few hours early for my cousin’s out-of-state wedding and another family event. My manager and their boss called me to deny it, specifically bringing up that I was already out during the last high-volume period and saying coworkers shouldn’t have to keep covering my work. They only agreed to let me leave 1 hour early.

Afterward, I found out they approved other coworkers’ PTO requests during the same blackout period, including full days and half days off. Nobody else was even off the day I requested.
Since returning from FMLA, I feel like I’m being treated differently, and the comments about my prior leave make this feel retaliatory. Does selectively denying my PTO after protected leave potentially count as FMLA retaliation, or is this still within management’s discretion?

From what I have read and researched, this could be, but it’s a fine line. What makes me think that is specifically bringing up the FMLA during the conversation.

TLDR: I took approved FMLA leave during one of my job’s “high volume/blackout” periods. After I returned, my manager and their boss denied my request to leave early for my cousin’s wedding, specifically referencing my prior leave and saying coworkers shouldn’t have to keep covering my work. They only allowed me to leave 1 hour early, while still approving other employees’ PTO during the same blackout period. I’m wondering if this could be considered FMLA retaliation.

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u/Character-Froyo4048 — 6 days ago

Hello,

I’m seeking advise regarding a recent termination that may involve retaliation and adverse action in close proximity to medical leave.

Timeline:
• July: Joined a large tech company (multiple offers).
• Jan 15: Received a strong performance review (current manager present).

• March:
• Took 3-day doctor-authorized medical leave (ER visit).
• During leave, received written warning alleging a “pattern” of unauthorized changes.
• Upon return, disputed in writing with detailed evidence; manager acknowledged and said he would review.

• April:
• Identified and documented in writing that another colleague caused a production issue.
• Statements made during the incident were later contradicted in a group review.

• A few weeks later:
• Minor internal monitoring issue (no customer impact).
• While explaining root cause, manager instructed me to apologize without explanation, stating I was being “deceptive.”
• Manager continued to characterize prior issues as a “pattern” despite my written rebuttal.
• Next day: Terminated, citing “the last few months of incidents.”

Additional context:
• 18 years of experience; strong output during tenure.
• Granted additional equity awards in April.
• Terminated shortly before one-year anniversary and scheduled equity vest.

Documentation available:
• Write-up issued during medical leave
• Written rebuttal with supporting evidence
• Incident communications and timelines

I would appreciate your assessment of whether this may involve retaliation, wrongful termination, or leverage for negotiation.

Thank you,

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u/Electra888888 — 10 days ago

I'll start by answering the basic questions.

this is taking place in Richmond, VA

non-exempt salary, 18.00 per hour

Is there ground for a lawsuit if I haven't been paid at all for a job I was terminated from 2 weeks ago, nor given a single clear reason for termination? or do I just need to file a claim with the DOLI? I worked 44.5 hours total at the warehouse.

I've done some basic research but would like others more educated opinions on if I should pursue legal action, this has been a genuinely irritating and unprofessional experience both with my hiring agency and the warehouse company since I still haven't paid my rent for April and all of my other bills besides my electric haven't been either because I havent been paid for the almost 50 hours of my life I wasted working for them.

I apologize in advance for any obliviousness in this post, not exactly sure what I’m seeking out here if I’m being honest I just feel kinda disrespected and very inconvenienced with how I’ve been treated between these 2 companies, so any guidance at all is welcome :)

So l am looking for help or any advice regarding a situation with a warehouse company (WC) and my hiring agency (HA) in the Richmond VA area that have neglected to provide any clarity regarding when I’ll be paid for my work there as well as a reason for termination since the day I my "assignment was ended" on April 21st. I was hired through this HA and have remained in contact with one woman through my entire tenure there, she interviewed me, put me on the assignment with the WC but since then hasn't really given me any clarity or meaningful information regarding my termination or pay. First of all, i haven't spoken to her once over the phone to discuss anything that happened, her assistant called me the day i was terminated (april 21st) and told me that my assignment was ended, and when I asked him if there was a reason he literally said they "they did not give a reason unfortunately" but that I'll get a call from his boss and she'll tell me. well it's been 2 weeks since I got that call from him and ive gotten one single text back from my hiring lady(his boss) and not a single phone call. and all she said was “it will be directly deposited, I will give you a call shortly” which was on April 27th, after I had been texting and calling her since the 22nd asking about the situation. And so that’s been the extent of my communication with my hiring agency post termination. Now I did contact my supervisor at the warehouse company the day I was terminated, but he didn’t give any substantial response either, when I asked “is there an actual reason or something I did wrong that made you guys fire me today?” He said “ I left early so I don't know why or what happened. I know that Bryant watches the cameras a lot. That's why I told you guys to look busy.” LOOK BUSY? Besides the point ig but cmon man. This is the one single thing that was said regarding the reason for my termination. Anyways I proceeded to say thank you and ask how will I get my paycheck to which he responded “No problem. You have to ask the agency I guess. I'm pretty new here myself” and that was the extent of my communication with the warehouse company, my supervisor was the only contact information I was provided with when I got hired. It’s been 2 weeks and I haven’t seen a cent deposited into my account , nor given a real reason for termination. Is there grounds for an unpaid wages and possibly wrongful termination lawsuit?

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u/Otherwise_Occasion57 — 9 days ago

I took an FMLA medical leave due to a disability. I also qualified for the Colorado FAMLI program. When I returned to work with doctor’s approval, I was refused my prior position. A week later I was terminated and told it was due to restructuring based on my taking of leave. The termination letter was emailed 3 days later and states that I was discharged due to performance concerns and restructuring due to lack of work. I had never received negative performance reviews or feedback. I was not on a PIP. I was the only person let go.

There are more details, but this is the overview. Is this an actionable case of FMLA/FAMLI retaliation? I have spoken to a few lawyers and have not had luck. Most have said they are too busy. I am looking for honest feedback.

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u/trisor — 13 days ago

Hi all,

I got terminated on 2/6 (unprofessional conduct) after a subordinate said i called her a derogatory term and made in appropriate jokes over a long period of time. I didn’t do it but her boss (and I now know they are in a relationship) corroborated the story. I dint get my final pay until the next week on the regular pay day and I didn’t get my annual performance incentive payout that was confirmed during the termination until 5 weeks later.. CT law required final pay of all due wages within 48 hours. What do you think about this and what are the chances of successful legal action here?

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u/CanApprehensive686 — 8 days ago

I am in Illinois. I have been with my company 20+ years. After taking FMLA maternity leave I was asked to return early and then disciplined within a week of returning, for the first time ever, for an issue that had never previously resulted in discipline. That write up was taken away because HR told me they “felt bad” only to come back 2 months later with another write up citing every mistake I had made since my return. When I explained I was having post partum issues they told me I had been back to work long enough and shouldn’t have any mistakes. This was followed by inconsistent enforcement and selective application of a vacation policy only to me and one other employee. Is this retaliation?

In April 2026, I submitted FMLA paperwork early to take intermittent leave starting in May (when I would be eligible for FMLA again) that was denied due to hours at that time; I have now reached or am about to reach 1,250 hours, but HR has not provided clear calculations or confirmed how my eligibility will be handled, and I am seeking guidance on how to handle my FMLA paperwork going forward. Since I was denied, does my doctor need to fill it out again? HR will not answer my question of when the exact date I would be eligible again or what date they used to determine I do not meet the 1250 hours. I am not getting a clear response from HR and don’t want to keep getting denied.

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u/Careful_Chapter9291 — 8 days ago