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Wrongfully laid off after FMLA

Discussion in 'Medical Leave & Disability' started by rebeccapressley, Aug 7, 2013.

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  1. rebeccapressley

    rebeccapressley Law Topic Starter New Member

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    A quick background: While working onsite at our clients factory, I increased business 3 fold, causing me to, on salary, have to work as many as 90 hours per week just to keep up. In order to handle the work, I, for the first time in my life began taking medication to handle the stress. After being pressured by manager to clear up old stray invoice issues that I could not get done due to current overload , I was ordered to take off 1 week due to stress then another 4 weeks due to a frozen shoulder after surgery, wherein I only took off 7 working days. all were covered under approved FMLA
    We did not have anyone to do my job so my manager had to cover for me. Needless to say, she was not at all happy about it. I was being told by several people that my manager was mistreating my employees and causing friction with several of our client employees.
    I was told that my manager hired a replacement for me. She called a few days before I was to return to ask if I was coming back. I told her yes and she said but I thought you were going to run your coffee shop. I told her no and that the shop was being run by my daughter and she did not need my help.
    On the Friday before I returned she asked me to meet her at our staffing satellite, which was only budgeted for one person and told me that I was not going to return to the onsite position and that I would be working at the satellite office. I did not complain or even comment except to say okay. Her attitude toward me was visibly not pleased.
    My replacement quit due to how our manager was treating her, so a corporate manager scheduled interviews for yet another replacement and conducted the interviews in my new office! She could have done so in the main branch office, but I felt it was another ploy to cause me to potentially quit.
    During my time in the satellite office, my manager would come to the satellite office during lunch and would ignore me, not answering or doing so in a rude manner.
    Then today, my manager and her manager came to the office and laid me off.
    Right before I left on FMLA, I was given a performance award but was told that due to my not being able to catch up the old invoices, I was not allowed to return to the onsite position.
    However, while I was on leave, my manager, who started with the company at that exact onsite, hired someone to come in and catch up the old invoices, and gave some of my duties to the third shift person and had assistance from the new hire who eventually quit and told me that she did not know how I was able to do so much and that my manager was trying to blame her late invoices on me but that the client payroll dept. knew better.
    I believe she was determined to fire me because she was mad that she had to do my job, hire help, and had to take stress days off and started taking stress medications.
    Do I have a wrongful termination case and who can I contact if I do?
     
  2. cbg

    cbg Super Moderator

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    A message board cannot say conclusively whether you do or do not. However, you can certainly contact the US DOL (which is the regulatory agency for FMLA issues) and file a complaint. They will investigate.

    Keep in mind that not all stress related issues are going to qualify as serious health conditions under FMLA.
     

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