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  1. #1
    Join Date
    Mar 2008
    Posts
    176

    Question Boss Threatening Termination While on FMLA

    My question involves labor and employment law for the state of: PA

    i did not know where to put my question, so i am placing it here.
    i started a new job in dec 2006. did not have any problems until 1 month later when parents got sick and were dying. mom called from the hospital to tell me that she went there in an ambulance and after work go home and feed dad. (he was bed bound) supervisor came over and told me no personal phone calls. i told her it was an emergency and she did not want to hear it. mom died 10 days later. ironically 6 months later my kid was diagnosed with lung cancer. told her about it. she then tells me that i am not keeping up with the job (my mind is elsewhere). i keep up with the production requirements that the company has set forth. i have now applied for FMLA since kid has to have brain surgery since there is a tumor growing on his head. she decides to pull me into a meeting and tell me that my yearly evaluation is very poor and i am not meeting the guidelines of the company. boy last year I exceeded everything. it is funny i am the first person in 5 yrs to receive flowers from a client because i have done a good job. she does not like that i have a good repore with my clients. they have all written raving reviews about me. she has always had a hard on for me and everyone knows it. she has brought me to tears many times. now she is telling me i have 30 days or she will terminate me. she knows that my son has this surgery coming up and that i will not be focused until the doctor clears him. can she do this even though i am on fmla intermitantly?

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Boss/Fmla/Possible Termination

    I don't know all the laws regarding fmla, but, hon, please, do yourself a favor and call an attorney who specializes in employment law. (s)he can give you a better idea of where you stand.

    Stay strong...

  3. #3
    Join Date
    Mar 2008
    Posts
    176

    Default Re: Boss/Fmla/Possible Termination

    thank you. i do have a question, can a boss listen in on personal calls? my sick son calls me and she is telling me that i am not permitted calls. it is a no win situation when he is sick and if the doctor has to call to talk to me.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Boss Threatening Termination While on FMLA

    FMLA is 12 weeks of unpd. job protected leave in every 12 mo. period. However; even though it is job protected leave, you can be terminated while on FMLA if the same action would have been taken had you not been on FMLA. They can't terminate you JUST for asking to take FMLA or for taking FMLA. If you get terminated & believe it was due JUST for requesting/taking FMLA, you can put in a complaint with the US DOL - the facility who oversees FMLA.

    Yes, employers can monitor phone calls & you can be disciplined up to & including being fired for making/receiving personal calls.

    Good luck to your son on his upcoming surgery. Hang in there.

  5. #5
    Join Date
    Mar 2008
    Posts
    176

    Default Re: Boss Threatening Termination While on FMLA

    I understand the whole phone call thing and feel ok, I will have the kids and the doctors call me outside of work. Now how do you handle stuff like: I went to hand someone money today at work to be a part of the lottery pool and because i was not back in 2 seconds.....the boss started calling around and asking where i was. I was literally gone from my desk for 5 mins. I am not in grade school here and feel that she is only doing this to push me out the door. she literally stops at my desk every 1/2 hour to see what i am doing. is this intimidation? harrassement? or just her being a pain in the $$$? i plan on going to HR tomorrow and discuss all of this with them. I also had another employee (who i do not really know) find out where I lived and showed up at my house just sitting in his car. That i feel is stalking!!! i do not associate with any co-workers outside of the company since i am pretty much a private person and feel that I spend enough time with them. I also do not mix work with play.

  6. #6
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Boss Threatening Termination While on FMLA

    Why haven't you already been to HR?

  7. #7
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Boss Threatening Termination While on FMLA

    I have a friend who was in a very similar situation...(operated on for carpal tunnel...fmla...cancer diagnosis...fmla...and a boss who was very controlling and strange.) She finally complained to hr, and when she got back to work from the cancer operation, and all of her fmla was used up, her boss gave her a 30 day notice that they are laying her off due to reduction in force. (even though she's the only one who does that job...it's in healthcare and necessary)
    So she is now talking to lawyers as well.
    She wishes she had never filed the complaint. (even though she did it partly because she had been told (by hr) that it would protect her.)

  8. #8
    Join Date
    Mar 2008
    Posts
    176

    Default Re: Boss Threatening Termination While on FMLA

    well we will see what happens with HR. The boss is very well known around the company as being a difficult person. Other people have asked if she does this to other people in our unit. and all of us stated no....except me. i just wish there were laws regarding bullying!

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