My question involves labor and employment law for the state of: TN
I was terminated from a call center job on 8/7/2009 due to "Performance". For a clear understanding, I will list the chain of events that led up to my termination.
On 12/24/2008 my manager left me a voicemail, advising me to contact her immediately. My next day of work was on the 12/26/2008 so I stopped by her desk and told me to head over to HR immediately. I did so, and was advised that the certification of last year's FMLA approved leave had expired so I had get it recertified. I was approved for intermittent leave at 20 hours a week, my wife is manic depressive.
HR setup a meeting to get the paperwork on January 2nd, 2009. I submitted within the 15 day time frame. On January 20th, it was denied due to medical documentation does not support my request. I setup a meeting with HR to find out exactly why. She told me the doctor refused to sign-off on it. She also made two concerning statements to me: That my wife has not seen the doctor in 3 months and she missed her doctors appointment last week. Both statements are true, however she was prescribed 3 months of meds in advance, and due to an extreme depressive mode I could not get her out of bed for the doctors appointment .
Got another certification form on January 23rd, and he made sure to mention that my wife had seem him 11 times the prior year. I received notice on February 2nd, 2009 that it was approved and "Qualified from 1/30/2009 to 7/30/2009. The abscences prior were not approved.
Since last year took forever to get it approved, I made an appointment with the DOL, and a few weeks later got a call from the investigator. She said they had enough to proceed with an investigation with my go ahead. I told her to hold off on it, I would rather get this straightened out with HR. HR told me January abscences would not count against me. So I called the investigation off.
I was missing work, all FMLA qualified, and out of courtesy called my manager and told her I will be missing one day as I take my wife to be cared for by her grandmother in another state. Her response: "can't you wait until your day off to do this? I responded my wife has suicidal tendencies and I could never live with myself if she harmed herself if I did put this off. She showed no concern, only that I was missing work. I was put on the defensive twice now, once by HR, and now by my manager.
Shortly after we had a teem meeting. The manager addressed the team about attendance. She said that she once had a brother that was dying. She made the trip up there but could not cure him, so why stay? She made it back to work. I thought that was a very cold statement to use as an example.
I was now under her radar.
All my calls were being closely monitored and a meeting was setup for May between manager and coach. They developed an action plan for me, with unrealistic expectations. I knew I would not make them, and sure enough the next month I was placed on a 90 day bad standing period.
I complained this to HR, and she said she would do an audit to ensure all was treated equally. The results were that we all received fair treatment. I also complained about the comment my manager made and she agreed it was unappropriate. I also told her about my senior rep refusing to take customer escalation calls. I also complained about not getting the assistance I need to help reach those goals and I was working in a very negative environment. I would receive emails telling me I am letting the whole team down. I was being micromanaged. I'ts hard to function at peak level when you are constantly being fed negative information. My stress and anxiety level were through the roof.
Next thing I know for June, my action plan has changed to a much more reasonable level. And I met the plan. July I met all the stats except one: Call resolution time and it was only off 11 seconds. If there was nothing wrong with May's action plan, than why was it reduced so much.
I went to work on 8/7/2009. Logged in for one call, and my coach told me to logoff. I knew the deal. I was led to a room with another manager. He said I was being fired for performance (no specifics on exactly what performance standard) and hand over my badge. So cold. I been there for 3.5 years and received numerous certificates and awards before I joined that team. I wasn't fired for anything unethical, so how about "Dave, we appreciate your time here at tmobile sorry it just didn't work out'.
DOL can't help me now, but considering a possible civil suit. I showed my stats to several other leaders there, and they said they dont see performance issues.
Since I saw the groundwork being laid for my termination, I got copies of docs
showing the negativity on the team, also dates and times of events where I didn't get support I needed which affected me reaching those goals.
It's all been faxed to the companies investigative team and the CEO.
Do I Have a case for a civil suit here?