My question involves labor and employment law for the state of: Oregon
My (former) employer is a private company with ~50 employees
I'm back! My previous issue has gone pear-shaped. When I returned to work things with HR and management were a little uncomfortable, but for the most part it felt fantastic to be back with my team. When I checked last, I had at least 30 more cases closed than my other three teammates and my feedback scores were nearly perfect. My coworkers even nominated me for employee of the month. I'm not sure how much all of that counts, though, because last week an unauthorized user used my team to fraudulently obtain an account's password. They used it to alter information in their system. The next day the user's mother called and I confirmed that it had happened and read her two of their lines of chat. (I also told her how I could tell that it happened, but that interface information is available on the customer-facing support site.) Criminal charges are being filed against the user and there's a possibility of my former company being sued. Yesterday afternoon I was fired for disclosing confidential information.
Normally I would say that's completely fair, but my teammate who released the password to the unauthorized user was not fired. Only I was. I think that I was targeted because of what happened before, and because my company found out that I had spoken to the WHD about how they were handling my FMLA. It's also entirely possible that they judged it differently because my teammate didn't know that the user was an impersonator, whereas I did know that the mother wasn't a company employee. Even so, it's hard for me to believe that this isn't influenced by what happened before.
I would love to open a WHD complaint against them but they're offering me a severance. I can't afford not to take it. (There's the added complication that even though they've been using FMLA for me, I can't find if they have >50 employees in the home office. The closest I could find listed that they had "about 49.") I'd like to recoup the pay that I lost when they had me on unpaid leave, as well as the money that was in my HSA. Can I even negotiate my severance after something like this?