Resign or Be Terminated - After Requesting FMLA Leave

[josephbelt01]

Over the past two years of employment with this company I received a promotion and two raises. I was recently given a performance management notification due to "lack of motivation" and "lack of ownership". I was not in violation of any company policies, their complaints were very subjective and I did not have any previous issues. Ten (10) days after this notification I was hit by a drunk driver and was injured. Unable to work, I contacted my employer the following morning and notified them of the accident. HR was able to overnight the FMLA and short term disability paperwork which was promptly completed and returned. Two (2) days after the accident I was called and emailed by HR to either resign or be terminated. I chose to be terminated. I never received any approval or denial paperwork for FMLA but did receive disability payments. Did the recent performance notice give them an easy way to terminate me after requesting time off under FMLA?

[PattyPA]

The timing is such that it definitely sounds fishy at best. Call the federal DOL, which enforces the FMLA.