Conspiracy to be terminated

G

GR44Alex

New Member
Jurisdiction
Georgia
In August of last year I was on maternity leave (FMLA) when I visited my job to show the baby around I was asked by my boss to have a meeting. She advised that prior to my returning to work I needed to have a meeting with the owner. I had no idea why. When I set up the meeting it was for a few days from then. At the meeting I was told everything from my employees had grievances against me to what a great job I did in the department. This was the first two hour meeting, I was then sent home until he could decide what action he wanted to take. The next meeting was a week later, keep in mind I am still unable to return to work. In the next meeting he brought up my children and how it would be great to be able to stay home with them and that I could be an at home mom. Then he says that my employees could bring a case against myself or the company if I continue working there. This went on and on for another two hours. At this point I am in disbelief and tears. I had just had a baby, our home was under construction and my son was having medical issues. He told me to take severance and he would tell everyone that I chose to be with my kids. So I took it seeing no other alternative and due to the verbal beating I was taking in the meetings with him. I had no prior performance issues or write ups, nothing that would corroborate any of what he said. Then months later I find that prior to our meetings, he sent an email to his attorney for advice on how to get "rid" of me legally. I'm wondering if I have a case now? It's been about 10 months and since then I have had two jobs, I'm not making enough money to survive with the new house and my children. I didn't ask for this and feel like they just got rid of me for whatever personal twisted reason he could come up with. Any advice is greatly appreciated.
 
Your problem is going to be proving that the termination reason was pretextual and the real reason for termination was FMLA usage and not complaints by coworkers that would cause the employer to have "vicarious liability". or some type of liability by negligently retaining you as an employee. Had others gone on FMLA (especially those taken for childbirth reasons) and "not returned"? It might be helpful to compare situations if you know of any. If you are not the only one, your case would be easier to prove.

Seriously can you think of anything an employee might have brought to the management's attention while you were out? Unfortunately it might be something you don't realize you are doing -- say making jokes about the opposite gender or someone's religion, age, etc ...all the protected characteristics -- that you think they are okay with but they really were not?

Because an employer CAN terminate someone on FMLA leave if they find evidence of wrongdoing while that employee is on leave. It sounds like your coworkers complained about you with their grievances before the 1st meeting and possibly there was an investigation before the 2nd. Did he ever state what those were? (Not that he was required to do so and often employers try to keep the complaintant's names confidential but they should have asked your side of the story unless it was so agregious and they had multiple witnesses against you, but it might help the analysis)

I would suggest passing the whole situation by a local attorney familiar with FMLA rights. You can always file a retaliation claim and force the employer to prove that they had a legitimate reason for terminating you that was unrelated to FMLA usage with the Wage and Hour Division of the DOL
 
Thank you for the reply. The claims from my employees weren't correct and the owner went to them for information. They did not go to him. The email to his attorney was prior to the grievances he fished my employees for. By the time I was to return my job duties and department had already been disbursed. I just don't understand how he can do that and then force me to sign a severance agreement that was a lie.
 
GR44Alex said:
Thank you for the reply. The claims from my employees weren't correct and the owner went to them for information. They did not go to him. The email to his attorney was prior to the grievances he fished my employees for. By the time I was to return my job duties and department had already been disbursed. I just don't understand how he can do that and then force me to sign a severance agreement that was a lie.
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You weren't forced.
You were offered a severance and took it.
When the time came to resist you caved.
You could have said no, and MAYBE you would have strengthened your argument.
By signing the severance agreement, taking a payout, you strengthened your employer's argument.

The law allows us to make bad bargains, evidently that is what you chose to do.

The time to have sought legal advice was BEFORE you signed the severance agreement and accepted the payout.
 
You are possibly correct and I don't argue that point however what I will say is that being a woman who just had a baby you cannot understand how your ability to make rational decisions can be compromised. He was aware of that fact and preyed on it. And please don't discount that fact unless you are a woman who has had a child you will not understand what I mean.
 
how exactly do you know about confidential emails between he and his attorney that should be protected by attorney/client privilege? You probably won't be able to use that information. Your coworkers could be telling him one thing and you something different. And the claims by the other employees didn't have to be true, he just had to believe them and felt it best for the company to terminate your employment based upon them.

What do you mean by "department had already been dispersed"? Did they do a re-organization while you were out? Was anyone else let go? If so, that's another valid reason why he could have terminated you even if you were still on FMLA.

You would need to take your severance/waiver to an attorney to see if it is enough to preclude you from a claim. It is my understanding that an employee/former employee CANNOT waive FMLA rights under at least some of the Circuit Court rulings and depending on whether there was a specific clause/payment for FMLA complaints alone. Under the severance waiver, you should have had a specific # of days to review (usually 7) and also should have had a lawyer look at it prior to signing. But you still might have a claim under FMLA retaliation. Not saying it is a slam dunk, but it can't hurt to try.
 
I had no time. Requested that I sign that day. Wasn't allowed to take it or let anyone look it over. No one else in my department was let go or quit. It was just done.
 
Heck, I would make the claim of FMLA retaliation and make the employer prove it was not -- either through providing a copy of what you signed or showing/proving they terminated you for other reasons. They should ALWAYS give you a copy of the waiver you signed along with the severance payment. And since you don't know now what the waiver actually said, it wouldn't hurt to file the claim.

Lots of things do sound fishy...and not all waivers hold up. If this were on the up and up, they would have done it much better I suspect. (and yes, I've been a mom with brain fog, so I do understand...especially if you aren't in HR and don't know the right process and are pretty much shell-shocked)
 
GR44Alex said:
You are possibly correct and I don't argue that point however what I will say is that being a woman who just had a baby you cannot understand how your ability to make rational decisions can be compromised. He was aware of that fact and preyed on it. And please don't discount that fact unless you are a woman who has had a child you will not understand what I mean.
Click to expand...

I know I'm correct.
I have a law degree, holding law licenses for over over 40 years in several states, before the federal bar, the military, and Military Court of Appeals.

I am also a retired Texas District Court Judge, and have tried cases along the lines of what you're positing.

The severance aside, you could simply have been terminated without discussion.

Absent an employment contract, your employment was "at will".

You were free to quit without penalty, sanction, or explanation.

The employer could fire you without discussion or explanation.

Despite many urban myths to the contrary, employment isn't a right in this country, YET!

The law doesn't see woman, man, gay, straight, neutral, Republican, Democrat, Communist, Anarchist, Jew, Muslim, Christian, Atheist, White, Black, Brown, Red, or Yellow.

The law makes exemptions and allows certain exceptions for mental illness.

The law is silent when it comes to feelings, as feelings can't be proven, nor does the law allow one to assert a legal defense or theory of a case based on feelings or emotions.


What has been dispensed here isn't legal advice, doesn't rise to the level of "stare decisis", or "legal dictum"; it is simply information sharing and opinion.

As suggested several times, you are free to hire a lawyer of your choosing to represent and litigate for your interests.

That is where you can receive valid legal advice and commence legal representation.

I wish you well.
 

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