Hello. I had posted a while back. I currently have a case pending with FEHA (boy do they move slow!). The complaint was received by me and signed and returned to them about 2 weeks ago. I was fired because using California Family Leave (CFRA) contributed negatively to my job performance stats and they used it to terminate me. My feeling was to avoid severance pay as a layoff happened a few weeks afterward.
Anyway, last night after wrangling with my former employer, they sent me a copy of my employee file in the mail (instead of letting me come in to view it). One paper caught my eye, I remembered this as a write up for attendance that I thought was not right as it probably contained at least one day that was an approved CFRA leave day. I complained to the acting manager at the time that made me sign the paper, but of course they never would check anything for accuracy. I had a printout of CFRA leave days from the company handling my ex-employer's leaves. When comparing them, I was right and I should never have gone on a a warning. However, this happened on August 10, 2009. Is there a statute of limitations on this, or can it be brought up to FEHA in the probable mediation conference? It's close, and the attorney guiding me is on vacation for a week! Help! Is this valuable to my case?
Also, I received an online note from an acquaintance from my old job confirming that the she had a similar issue at the time my issue was causing me problems at work. We both were on a final warning for job performance, she was out on a stress leave protected by FMLA. While I was fired for CFRA intermittent leave and a failure to meet in "another" job performance accountability in April, she had all ready failed her quality requirement for May before going out on her leave on May 7, 2010. She told me when she got back, because she was out on FMLA and did not have an entire month to fairly work on her quality, the issue was thrown out for the month of May and she was not fired. I was also only at work in APril for 1/2 of the month due to CFRA intermittent leave and they held it against me. Is this something FEHA needs to know about? It was also something that came up after the interview I had with them and after the complaint was signed.
I know they work on statute of limitations deadlines like everyone else... both in age of incident and filing and service. Should I attempt to reach them asap? I will try Thursday morning, but would appreciate some info ahead of the game. Thank you!
Anyway, last night after wrangling with my former employer, they sent me a copy of my employee file in the mail (instead of letting me come in to view it). One paper caught my eye, I remembered this as a write up for attendance that I thought was not right as it probably contained at least one day that was an approved CFRA leave day. I complained to the acting manager at the time that made me sign the paper, but of course they never would check anything for accuracy. I had a printout of CFRA leave days from the company handling my ex-employer's leaves. When comparing them, I was right and I should never have gone on a a warning. However, this happened on August 10, 2009. Is there a statute of limitations on this, or can it be brought up to FEHA in the probable mediation conference? It's close, and the attorney guiding me is on vacation for a week! Help! Is this valuable to my case?
Also, I received an online note from an acquaintance from my old job confirming that the she had a similar issue at the time my issue was causing me problems at work. We both were on a final warning for job performance, she was out on a stress leave protected by FMLA. While I was fired for CFRA intermittent leave and a failure to meet in "another" job performance accountability in April, she had all ready failed her quality requirement for May before going out on her leave on May 7, 2010. She told me when she got back, because she was out on FMLA and did not have an entire month to fairly work on her quality, the issue was thrown out for the month of May and she was not fired. I was also only at work in APril for 1/2 of the month due to CFRA intermittent leave and they held it against me. Is this something FEHA needs to know about? It was also something that came up after the interview I had with them and after the complaint was signed.
I know they work on statute of limitations deadlines like everyone else... both in age of incident and filing and service. Should I attempt to reach them asap? I will try Thursday morning, but would appreciate some info ahead of the game. Thank you!
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