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Fmla = Poor evaluation

Discussion in 'Medical Leave & Disability' started by texas68, Oct 24, 2011.

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  1. texas68

    texas68 Law Topic Starter New Member

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    I recently received a poor annual evaluation. During this period I was on FMLA for 4 1/2 months receiving treatment for breast cancer-then brain cancer. My employer was helpful at the time sending me smaller projects and 'busy" work,all which I completed as I recovered. When my evaluation arrived, I was shocked to learn that my performance was below standards and my production was lacking. I was place on a 90 day PIP and was told that this is just the company guidlines. In my seven years with the company I have always excellent evals. I don't want this to scar my excellent record. Any recommendations?
     
  2. army judge

    army judge Super Moderator

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    Your employer did nothing to violate any federal or state laws.

    I suggest you concentrate on your recovery and health issues.

    When you're up and around, you might want to have a
    discussion with your manager.

    It would also be prudent to speak with your HR representative and complete the PIP in order to repair your stellar employment history.

    I suspect the policy is driven by your extended absence due to your health problems. Too bad your employer won't make allowances for absences driven by health problems.

    Get better soon.
     
  3. esteele

    esteele New Member

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    I hope you continue to live a long life cancer free and otherwise healthy and prosperous!

    You should step back and endeavor to evaluate your performance objectively. Based on what you wrote, it appears you work declined in terms of overall production. Is it possible the quality of your work slipped as well? While the management did the “right thing” by allowing you to work on smaller projects as you recovered, they had the right to expect the same level of excellence from you as you had produced in the past. If the quantity and/or quality of your work slipped, then you should endeavor to do everything in your power to return to form.

    If, however, you can objectively establish that the quality and the quantity of your work did not significant diminish during this review period, you should consult directly with an experienced employment law attorney. A poor performance rating could constitute retaliation for taking FMLA leave if your recent performance was indeed objectively similar to your earlier performance.
     
  4. sunnymoon

    sunnymoon New Member

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    You should talk to your employer about the standard of evaluation. You finished all the projects they gave you, so you are not supposed to get that bad evaluation.If that person sympathies with you because of the cancer you have to fight with, you should be rewarded for a great effort to get the work done.
    Is the person who evaluate you also your employer or your manager? Try to explain to them how hard you tried to finished all the work while your health is not good, they would understand that and maybe change your evaluation score. Or even in the future, you can explain it to your new employers if they concern about it.
    Good luck and hope you get better soon.
     
  5. texas68

    texas68 Law Topic Starter New Member

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    Thanks for the advice. During this evaluation period I had received several e-mails from my supervisor concerning my performance. One such e-mail stated how impressed he was with my performance on a 22 page proposal. I have seven of these similiar e-mails. I received none that stated a less than favorable performance level. This is why I was shocked by the poor evaluation. Thanks again for the reply. I think I will consult with an attorney to review my situation.
     
  6. esteele

    esteele New Member

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    WOW! You received eight separate e-mails during the course of the evaluation period (a year?) which complimented the quality of your work. In contrast, you received no correspondence or other communication criticizing the quality or the quantity of your work when you were able to make it to the job. Nonetheless, your employer placed you on a PIP.

    Based on the limited information in your posts (particularly your most recent post), it appears that your employer retaliated against you for your taking FMLA leave. Unless your employer now treats other employees in a comparably irrational fashion when it comes to evaluations, it would appear that you have a viable retaliation claim.

    Find a lawyer. If he or she concurs, then you definitely should pursue all the potential relief available to you. Not just for yourself. But, you should seek justice also for the next person who has to beat cancer and take FMLA leave will hopefully not have to fight this battle with his or her employer.

    Again, I wish you all the best.
     

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