Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2008
    Posts
    176

    Question Terminated While on FMLA

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

    i will try to keep it short. i feel i was wrongfully terminated. my job requires 98% quality and 125 production on average daily. i have exceeded the production goals every week by 50 to 100 more than required. as for the quality, i was around 96-97%. now, everyone else has never met the 98% quality for the last 15 years. i feel that my boss did not like me at all and this is the reason for my letting go. i have dates and times when the harrassment began to a point that everyone in the company knew that my boss was doing this. they even witnessed it. i have and now, former co-workers follow me home, find personal information on the internet and then harrass me with that information. my mom died and my boss gave me a hard time cause i had to take off work to go to the funeral (even though the company gave you 4 days off for this) i had one day mom took an ambulance to the hospital and called me to tell me so, and my boss yelled at me because I took a personal phone call at work. then 5 mins later whe was on a personal phone call for 1 hour. i always got the feeling that it was a 'do as i say not as a do' kind of thing with my boss. i was told by HR that they will not fight unemployment cause they feel that the reason i was let go was because of job performance. would i have any other case? should i pursue legal action for the harrassment or humilation or bullying?

    now last week my company laid 20 employees off and the big guns of the company said that is it. noone else will be let go**************how can they lie to us since me and 2 other people were let go after that? now here is a wrench i will throw in there too..i was on intermitant fmla also. boy the stress of that alone did not help with my job and the way the boss treated me.

    now i just figured this one out. when i applied for FMLA and was told i was approved, i did question them for the approval letter and i never got one. do i contact the DOL on that? also, it is strange that after i applied and was approved.....all of a sudden is when they started saying that i was not performing my job up to their standards.....never had a problem before that. was also told by HR that i was the first ever to have applied for intermittent fmla. but did find out later that there was another employee who was taking intermittent fmla and eventually after 4 months was terminated for poor job performance (which she was in the same boat I was). is this the companies way around it for not having possible suits against them per the fmla guidelines? it is funny that people there did not do 1/2 the work i did and are not let go.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Terminated While on FMLA

    It's legal for a boss to fire you over a personality conflict. That, of itself, doesn't mean there was a FMLA violation. If there is a rule against making personal phone calls at work under any circumstances, cruel thought it may seem under the circumstances, you can also be disciplined for breaking that rule. It's further legal to lay off 20 employees over financial issues, and later fire an additional employee (or employees) over job performance issues.

    You should schedule an appointment with a plaintiff-side employment lawyer, and have your situation reviewed in detail. You have a lot of issues to discuss.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Terminated While on FMLA

    Agree with Mr. Knowitall that you can be terminated/laid off after requesting FMLA/while on FMLA if you would have been terminated or laid off had you not been on FMLA/requested FMLA.

    However, your can run your entire situation by an employment law attorney.

  4. #4
    Join Date
    Mar 2008
    Posts
    176

    Default Re: Terminated While on FMLA

    i have spoken with the DOL and they indicated that it sounded like i do have a good case. now after all that, i was looking at the termination letter my former employer gave me and none of the dates match up with my records. they indicated that i was placed on probation on 12/5 when it was 9/22. can i question them on that? or should i just let that be and let the DOL handle it with my complaint?

    also, do i have a right to obtain copies of my personnel file from my former employer?

    just an fyi, the dol indicated that they would get my job back (i told them i did not want that after all this) but they did indicate that if everything rules in my favor that i would receive back pay to the date of determination. then if i wanted to persue for more money, to hire a private attorney.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Terminated After Using FMLA
    By cyberwiz in forum Employment and Labor
    Replies: 1
    Last Post: 03-09-2011, 09:07 AM
  2. Getting Fired: Terminated Before FMLA
    By Jeffriesmb@yahoo.com in forum Employment and Labor
    Replies: 5
    Last Post: 10-27-2008, 10:03 PM
  3. Getting Fired: Wrongfully Terminated Under FMLA
    By cafeworker in forum Employment and Labor
    Replies: 2
    Last Post: 05-25-2008, 11:44 AM
  4. Disabilities and Accommodation: Terminated - Do I Qualify For FMLA?
    By WayneS in forum Employment and Labor
    Replies: 12
    Last Post: 11-12-2007, 09:01 AM
  5. Getting Fired: Terminated while on approved FMLA in Florida
    By can they do that? in forum Employment and Labor
    Replies: 1
    Last Post: 10-03-2005, 12:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources