I live in Florida, an "at-will" state. In another thread I asked about a decision that I had to make concerning resignation vs. termination. I refused to resign and was told that the 'case' would go before a management review board. It took another couple of weeks for the review board to meet because I responded with both a statement defending my actions as well as a disclosure of a psychiatric disorder that may have affected my conduct. I also applied for Intermittent FMLA to undergo periodic treatment (medication checks and counselling).
There are a number of really complicated events, so please bear with me!![]()
A key issue is that I was discharged for an issue related to conduct involving misuse of computer resources and charging excessive personal time while on the job. As soon as the meeting with HR during which I was given the resign/termination choice was over, I immediately contacted our EAP counselor, discussed my disorder, and asked what to do. She said I should ask for a period of probation to undergoe treatment in order to demonstrate that the conduct would be acceptable with treatment and reasonable accommodations. That request was denied and I was terminated - on the same day that they approved my FMLA!
That day, I also started thinking about all of the events of the prior 4-6 months since a new manager took over our group. Last October I met with our company's diversity officer to discuss possible age (I'm 55) and gender discrimination in our work group. I was told that the situation would be reviewed. I was never told of the findings of of that review.
Today, I wonder if the result of that allegation of age/gender discrimination resulted in retaliation in the form of increased survelliance of my 'conduct'. I suspect that my computer use was within the norm for my workgroup.
So... plenty of questions here. Was there retaliation? Should my disability (even disclosed after the fact) have been considered?

