Facts of the case appear below. I essentially have two questions:
1) Do you think I have a case against the employer?
2) If so, do FMLA lawsuits typically involve a compensatory and/or punitive damages? Or just a slap on the wrist from the govt?
Me/Company Facts:
- Large company with over 3500 employees
- Salaried overhead employee (Accounting)
- More than 10 years tenure at the company
- Never received lower than a "Met Expectations" on a performance review (unlike others in my department)
- Never been placed on a Performance Improvement Plan (unlike others in my department)
December 2012: Assigned to a new manager, who didnt like me from the start
January 2013: Applied for and was granted intermittent FMLA for the birth of my first son
One week later: Full-time telecommute status was revoked, job duties materially changed (I just went along with it)
May 2013: Birth of my son. I took approximately 5 of the 12 weeks of FMLA granted
June 2013: Returned to work on a full-time basis
Late June 2013: Company announces upcoming layoff due to "business downturn"
Early July 2013: Informed management that I would be taking the remaining 7 weeks of FMLA in August/Sept to care for my child
July 2013: Terminated from my position as part of the company-wide layoff
I understand that FMLA employees are not granted special privileges and can be terminated along with anybody else during a RIF. However, what strikes me as odd are three key facts:
1) Out of the ~100 person Accounting department, I was the only one terminated
2) My job responsibilities didn't "go away". In our department, we are responsible for supporting all invoicing activity relating to a specific business unit. The business unit I supported did not go away. My job responsibilities were either parsed out to other Accountants and/or they had to hire somebody new.
3) I have more tenure and better Performance Reviews than certain other individuals in Accounting. What was so special about me that I was the only one RIF'ed?
Thanks in advance...
1) Do you think I have a case against the employer?
2) If so, do FMLA lawsuits typically involve a compensatory and/or punitive damages? Or just a slap on the wrist from the govt?
Me/Company Facts:
- Large company with over 3500 employees
- Salaried overhead employee (Accounting)
- More than 10 years tenure at the company
- Never received lower than a "Met Expectations" on a performance review (unlike others in my department)
- Never been placed on a Performance Improvement Plan (unlike others in my department)
December 2012: Assigned to a new manager, who didnt like me from the start
January 2013: Applied for and was granted intermittent FMLA for the birth of my first son
One week later: Full-time telecommute status was revoked, job duties materially changed (I just went along with it)
May 2013: Birth of my son. I took approximately 5 of the 12 weeks of FMLA granted
June 2013: Returned to work on a full-time basis
Late June 2013: Company announces upcoming layoff due to "business downturn"
Early July 2013: Informed management that I would be taking the remaining 7 weeks of FMLA in August/Sept to care for my child
July 2013: Terminated from my position as part of the company-wide layoff
I understand that FMLA employees are not granted special privileges and can be terminated along with anybody else during a RIF. However, what strikes me as odd are three key facts:
1) Out of the ~100 person Accounting department, I was the only one terminated
2) My job responsibilities didn't "go away". In our department, we are responsible for supporting all invoicing activity relating to a specific business unit. The business unit I supported did not go away. My job responsibilities were either parsed out to other Accountants and/or they had to hire somebody new.
3) I have more tenure and better Performance Reviews than certain other individuals in Accounting. What was so special about me that I was the only one RIF'ed?
Thanks in advance...