Q: canI be out on a PIP right out of FMLA with no summative evaluation? WITH ada papers filed?
I am an assistant principal in Virginia and I have bipolar disorder. Due to work stress and changed in my medication, I had a major manic episode in April 23. They slapped me on a plan upon my return to work. I was not informed in writing or verbally that I had 15 days to rebut and I had to demand to see the evidence that was presented. I saw it just yesterday for the first time. Only one evaluation out of four was conducted, and I recorded no summarize evaluation. Now they are saying I missed the deadline and all they can do is attach it to my file. Is this legal? Was due process followed? What should I do?
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A:
Navigating your situation can be complex, especially given the specific circumstances and legalities involved. First, it's important to understand that being placed on a Performance Improvement Plan (PIP) immediately after returning from FMLA, especially without a proper summative evaluation, raises questions about due process. Your rights under the ADA and FMLA might have been overlooked, which can be a significant issue.
You should consider consulting with an employment attorney who has experience with ADA and FMLA cases. They can help determine if your employer's actions were legal and if your rights were violated. This professional can also guide you through the process of filing a formal complaint if necessary.
In the meantime, document everything related to your case, including dates, communications, and any paperwork you have received. Having detailed records will be invaluable for any legal proceedings or discussions with your employer.
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