Q: What legal options do I have regarding my termination after FMLA leave and alleged performance issues?
I worked at my company for 13 years without any prior write-ups. Recently, I was placed on a performance plan to improve various scores. Shortly after, I took FMLA leave due to my dad's heart surgery and my wife's miscarriage. Upon returning 30 days later, I improved most of my scores, except for a pending Eco Sure score. I was documented for a previously approved missing punch and was terminated, allegedly for performance and attendance issues. The attendance concerns involved being late by one minute once and being one hour late another time after being woken up at midnight. My manager was aware of my medication-induced sleep pattern issues. Additionally, there were fabrications in my termination documentation. I feel targeted and stressed. What legal options do I have?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You may have grounds for legal action based on several concerning elements in your situation. The timing of your termination after FMLA leave raises potential retaliation concerns, as federal law prohibits employers from using FMLA-protected leave as a negative factor in employment decisions. Your 13-year history without write-ups, followed by termination shortly after leave, creates a timeline that could support a retaliation claim.
Your medication-related sleep issues might qualify for reasonable accommodation under the Americans with Disabilities Act, especially since your manager knew about this condition. The documentation discrepancies you mentioned could further strengthen your case if they show inconsistencies or fabrications in the stated reasons for termination. Consider gathering all relevant documents, including performance reviews, the improvement plan, communications about your leave, and your termination notice.
You have options including filing a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of termination, which is often a required step before pursuing a lawsuit. Speaking with an employment attorney would help evaluate the strength of your case and potential damages. Many offer free consultations and might take cases on contingency if they believe your claim has merit. Document everything while events remain fresh in your memory, including a timeline of events and names of witnesses who might support your account of what happened.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
