Going on FMLA in a few days for health reason and my employer is trying to get me in trouble

40 Comments

1. AnonymousJuly 6,2024 at 2:38AM UTC

   Sue or call out sick for your final 2 days and don't answer the phone

2. AnonymousJuly 6,2024 at 11:13PM UTC

   Sue for what?? Nothing has happened yet except for a supervisor pointing out an issue.

3. AnonymousJuly 7,2024 at 1:26PM UTC

   What damages would the OP sue for?

4. AnonymousJuly 6,2024 at 4:39AM UTC

   Sounds like retaliation for taking FMLA. I guess they plan to put you on a PIP so they can fire you when you return.

5. AnonymousJuly 6,2024 at 12:26PM UTC

   What are they alleging you did and is it true? It may be a setup, but it sounds like you agree the thing happened and you’re not sure it was discussed with you before.

6. Sue Gordon- retired Career CoachJuly 6,2024 at 1:00PM UTC

   You may be right and it is retaliation or you really screwed up and it happens to coincide with your FMLA.

   Since your FMLA is approved it would be unwise for them to write you up or fire you at this time.

   I have been a manager when dealing with an employee who had multiple FMLA cases and performance issues. It is very tricky to navigate this as an employer. Any employer with employment law savvy would be careful.

   They would be unwise to terminate you at this time unless they really feel they have a case and you are a problem. As it takes some effort and time to replace and train a new person it seems unlikely that they would choose this path just because of the FMLA? By the time that person is fully trained you’ll be back.

   Therefore I am hoping that this is just a warning. Listen carefully to the feedback and tread carefully when you return.

   I hope the FMLA provides the rest you need and you feel better soon. Good luck.

7. Susan Heidi WolmanJuly 6,2024 at 2:14PM UTC

   Lawyer up. Or take the 8 weeks to find a new job.

8. AnonymousJuly 6,2024 at 11:12PM UTC

   Lawyer up for what…because an uncomfortable conversation took place? Nothing has been done yet! There’s nothing to litigate right now. Next up: request a consult, attorneys will do it for free. Sorry friends, but a bunch of what might be on the horizon isn’t sufficient.

9. Julie WozniakJuly 9,2024 at 1:01PM UTC

   Lawyer up now because it is best to be prepared for what "may not come" than be woefully unprepared for what likely will come based on the company's actions.

   While the company may be "technically within bounds" they're making a good case for the employee to file a complaint if they follow through with what is at this point perceived threats.

10. AnonymousJuly 10,2024 at 6:19PM UTC

    Few women on this board have money to keep an attorney on seed dial for a "what if."

11. Tami L CannizzaroJuly 10,2024 at 3:21PM UTC

    I agree with Anonymous re: "lawyer up" - at this point there's really nothing here. While it's okay to seek counsel for better understanding and options, even if you have 100% proof of illegal firing/activity, the burden - and expense - is on the employee to prove. Yes, some attorneys take on the case pro-bono; the EEOC in many cases does not. Plus it takes a long time/years for cases to make their way to court, along with going through all sorts of mental stuff like depositions. If it were me, I'd ask myself what I really wanted out of this? At the end of the day, would I want to go through all of that, and for what? Rather than dragging myself through it, I could be saying, Good Riddance! and moving on with my life.

12. Julie WozniakJuly 9,2024 at 12:58PM UTC

    And get the FMLA leave extended to the full 12 weeks if you need! This is the most obvious employer abuse of the system I have ever heard of! OMG - like has been said - LAWYER UP!

13. AnonymousJuly 6,2024 at 2:35PM UTC

    When you leave on FMLA, take copies of your JD, any correspondence (good and bad) on your performance, and copies of your performance evaluations. This way, you can have something in their writing to help prove retaliation if you need it. Dropping an assessment of something out of the scope of your JD just days before an FMLA leave will provide a way to back up a claim if you need to once you return. Was the meeting with your manager and HR followed up with any paperwork or meeting summary in writing?

14. AnonymousJuly 6,2024 at 5:58PM UTC

    Nope nothing at all. It was a brief phone call. Nothing was signed. There was no follow up email whatsoever. I followed up with HR to ask if I was being written up or getting a verbal PIP- he said no, but also left it open ended that a formal reprimand can potentially happen based on the decision of my boss or my boss’ boss and how they want to pursue this matter further. I have a feeling my boss is planning to give a formal write up on my last day before fmla because he was inquiring about the time I will be in at work that day so he can meet up with me.

    Yesterday was my tentative last day. I’ve only extended it 2 days to help out a bit more- I’m tempted to just stick with original plan and keep yesterday as my last day.

15. GirlBossanova934974July 7,2024 at 1:04PM UTC

    One would think in 2024 that we would not be dealing with these issues. Any employer worth 10 cents knows terminating employees directly after an approved FMLA is a gift to any employee attorney. Then 48 hours before the FMLA starts, the employee is rushed into a room with the manager and HR? WOW!?? More red meat for the employee attorney. Sheesh. For heaven's sakes, CALL a TEMP or staffing agency and get a TEMP worker in the door and be done with it.....I would be sure as an employee to gather ALL the emails, paper documentation, performance reviews, HR manual, and that sort of thing before I went on leave......If these folks at this company want to run their way into a nice legal settlement, why stop them?

16. AnonymousJuly 7,2024 at 7:00PM UTC

    My previous company frequently did something similar. They'd wait until you were back from FMLA and / or STD / LTD leave, usually 2-3 weeks and then fire people. They'd claim there were performance issues where there previously were none, and then immediately hire someone else.

17. AnonymousJuly 7,2024 at 7:04PM UTC

    wow that’s awful.

18. Debbie CachatJuly 7,2024 at 1:32PM UTC

    Document document document ! Send a follow-up email to the manager including HR summarizing what you heard and any follow up questions. I would ask them to help you understand all the issues they communicated so moving forward you are clear on the expectations. Then go find yourself a lawyer !

19. AnonymousJuly 7,2024 at 5:39PM UTC

    Consult an employment attorney asap that you can probably get through your local attorney referral service. Be sure that you document everything that happened dates and times and what they are saying in both company email and bcc your personal one as well. Let them know that you are openly concerned that they are trying to do something like this before you go out on your FMLA and that you have hired a lawyer. Hang in there and good luck with your leave and feeling better. While you are out perhaps it is time to reconsider a longer relationship with this employer if this is what they are truly like when you are in need.

20. SarahJuly 8,2024 at 10:59PM UTC

    I had a very similar situation happen to me last year. Fortunately/Unfortunately, my company had a huge layoff so I received severance. at least. Take your time off but start looking for a new job. This is such BS but companies do this all the time. I hired a lawyer but the company Admin, legal, and HR knew how to cover their tracks. My lawyer couldn't help me. It wasn't the first time he'd seen it.

21. Ellen Smith FaganJuly 9,2024 at 2:30AM UTC

    call your attorney - FMLA is CONSTITUTIONAL - not some flimsy mess. IF FMLA is covering you, your employer may NOT abuse you for getting responsible care for your health. NO ONE CAN WORK if they do not feel safe or if they feel their need to stay alive and well is not allowed by the employer. REALLY!

22. Ellen Smith FaganJuly 9,2024 at 2:30AM UTC

    It is way too crazy to be ill AND then intimidated by a boss who is being NOT as wonderful as is expected.

23. AnonymousJuly 9,2024 at 12:13PM UTC

    Hi Anonymous,

    What did you do that HR thought was bad?

    Read the FMLA online and protect yourself!

    Good luck!

24. Jennifer Fay Bogar-RichardsonJuly 9,2024 at 12:17PM UTC

    I would request them to put everything in writing. It’s manipulative to tell you that you did something wrong and cannot clarify what it was. Also, if this is indeed and 2nd warning, it should be in writing since 1st warnings are usually verbal. Be prepared to contact your local EEOC office as well as labor and employment.

25. AnonymousJuly 9,2024 at 12:29PM UTC

    I had this problem with my job last year.Be sure to document everything.

    You may need to contact a contract employment attorney. I regret that I didn't file an EEOC or call an attorney right away.

    I got terminated after I mentioned I would call an attorney.

    Interestingly, the HR manager left the company as soon as I was let go. The HR manager has a similar role at a local department store now.

    Around Thanksgiving, I saw a review that the HR manager left on Glassdoor saying the company I was working for was not worth it.

26. Kerry HoganJuly 9,2024 at 12:33PM UTC

    Call an attorney after documenting what you can immediately. FMLA is legally protected and you are entitled to use it and also to your privacy ! I have used it to take care of my husband. HR would never in a million years intervene, and neither would my bosses. They understand in this company what kind of protection it offers. I don't know who you work for but your manager is not only ignorant of the laws, but also way out of line. You might want to research FMLA and provide your manager with some training. Whatever you do good luck, and don't let this affect your illness of impede your treatment. I am praying for you.

27. Damie WilsonJuly 9,2024 at 12:44PM UTC

    So much wrong here. What did you do? Can't they conclude the slip up at work might be why you need physician approved FMLA?

    I'd be focused on getting better. They didn't seem too concerned about what you're going through. And somehow suddenly you "suck" at your job?

    Stress will absolutely kill you. Focus on you. Stand up for yourself. Respond with, "as you can see, this is why I am going on FMLA." "Perhaps when I return from recovering from my health issue, my doctor will have you monitor my workability progress."

    Because of this get a PIP. If you can't perform up to their level after doing so before and you have this doctor note stating you are unable to work, this evidence based practice can be considered as documentation for SSDI or other disability ratings.

    Contact a disability attorney and let them know your situation? We as regular pay check workers that don't know much about employment law, medically disabled and legally disabled, have to stick up for each other. Health care is crippling our country because of cost and for some reason or another healthy people don't care about other unhealthy people.

    Greed often has a lot to do with it.

28. AnonymousJuly 9,2024 at 12:54PM UTC

    I went on my FMLA due to mental health issues in similar situation and documented everything for my senior leadership, mentors and coaches. Post 6 months of my return, I was badly targeted politically and a well wisher informed me that I am being counseled out. I used to have anxiety all throughout these months and have finally put down my papers to get out of the toxic environment. My advice would be to fight it back but along side please start looking for another job.

29. AnonymousJuly 9,2024 at 1:18PM UTC

    Call legal aid and the department of labor and express your concerns. Get in front of this situation before they get in front of you and terminate you. Either way, you have a discrimination suit. Blessings

30. AnonymousJuly 9,2024 at 1:38PM UTC

    A good friend of mine was in the ICU for 8 weeks. While he was gone they did away with his job, fired him, loosely rewrote a job description and called it something else and hired someone to take his place. Toxic places are toxic places. I would have no problem saying, "Why are you bringing this up now? I've had really good performance reviews. This happened in the past and I have promised to look at what I did and not do it again. It seems really odd you would make this an issue before I take a leave to ensure I am healthy enough to do my job well. I know my leave may not be convenient for you but I am a human being and my health matters. You aren't trying to trump up a reason to let me go, are you?"

31. AnonymousJuly 9,2024 at 2:36PM UTC

    My employer required me to take FMLA due to a physical injury (not job related). Due to my injury, I could not drive to work, but I could work remotely. This was a few years before COVID, so working remotely was something I had been doing for years with this employer. I could and did do my work remotely throughout the FMLA period without missing a beat. I did not want to go on FMLA, since I could complete my work remotely. I know that FMLA is protected, but in my experience, I do not personally know many people who have had a good experience with FMLA. When I returned to the office, there were many workarounds that did not include me, I was restructured under another executive, and later that year, my position was eliminated. I was also given a bad performance review (the previous ten with this employer had been great and reflected increased responsibility) and was cut out of meetings and decisions I attended prior to being out on FMLA. I did not sign the poor performance review and the issue was not pressed with me. I hope most employers use FMLA as intended and employees benefit as they should. I would document everything and get everything in writing from your employer. I would be looking for another position during this time, if you can do that.

32. KathyJuly 9,2024 at 2:51PM UTC

    If you were told in the past that 'you did something wrong that was against company policy and outside the scope of your job' then ask for proof. Time/date, paperwork, emails, etc.

    Most companies don't mind when employees perform extra work because it benefits them.

    FMLA guarantees you a job when you return to work though not necessarily the same job you had been performing.

    There is lots of good advice in these comments.

    Good luck!

33. AnonymousJuly 9,2024 at 3:03PM UTC

    Get all your documents together, and then immediately file everything with EEOC, because as long as you have an open EEOC claim against them they legally can't terminate you, because if they do then it's considered retaliatory or potentially retaliatory and your employer can get in a lot of trouble if they let you go while your claim is open and in active status.

    I went through something similar, however, I didn't know I should've filed an EEOC complaint right away the second I started being bullied and harassed due to being disable by my former employer. I filed after I had been wrongfully terminated due to being disabled. Eventually, I was able to get a settlement out of my former employer that helped me to open my own small business, which is a much better fit for me and my current disabilities, especially since I'm now able to work 100% virtually or remotely from home.

    Make sure to stand up to the bullies that your employer is trying to be, and let them know that you know your rights, but do it carefully until you can get the EEOC to contact them on your behalf.

34. AnonymousJuly 10,2024 at 1:37PM UTC

    Document as everyone's telling you and make sure that you pull all your past performance reviews and either email them to yourself or print and carry out - you will want proof that you were never advised there was an infraction. If reviewed via an online portal or if you goal track in anyway - grab that too. Once you leave that laptop or desktop, IT will go in to upgrade, etc and that's where you will lose any documentation that you've on job performance.

35. AnonymousJuly 10,2024 at 2:23PM UTC

    Document everything on a non work-related device. Others below have also commented on some good steps to take. Maybe also call an employment attorney in your area specifically, many will do phone consultations for free to see what legal means apply for your state/region.

36. AnonymousJuly 10,2024 at 7:23PM UTC

    Well, the company i was fired from did something interesting. They got notice I was going out on FMLA 9/14. Fired me 9/13 via telephone, In this case since you have not been fired as of now, best to start at this point gathering your emals and communications and if they wrongfully fire you after you put in for FMLA, then you need to notify the DOL (Dept of Labor)

    As far as legal counsel, I've learned the attorneys don't want to work for their money. They seem to opt to have case won and done in their lap.

37. AnonymousJuly 10,2024 at 8:01PM UTC

    I recently had a similar experience when I broke my ankle. My Dr cleared me to work from home

    but my employer would not agree so I had to go out on disability while I healed and until I was cleared by my Dr to be able to drive. Once I was cleared, they still wouldn’t let me come back but wouldn’t give a reason. I already knew it was because the office isn’t ADA compliant which is not my issue to resolve, One of my colleagues asked the owner isn’t it illegal to not let me return after being cleared by my Dr and they finally let me come back. Once I came back they have tried to bully me stating I caused a backlog of work so I called a meeting and reminded them it was their decision not to allow me to work remotely so now they have to live with that decision, I have also done everything possible to find another job because they do not know how to manage people or the company. I was fully prepared to hire an attorney if they didn’t let me return. Now they continue to bully me, demanding PTO be used for me to take a lunch when being transparent I’m attending a Drs appt when I am salary not hourly. Very toxic and unprofessional environment. I wish you well but document everything and def ask for the details of when they supposedly spoke to you prior about something outside of your job duties. Likely they are making it up as they go.

38. AnonymousJuly 10,2024 at 8:05PM UTC

    They are setting you up. Technically, they can’t fire you prior to going on leave. But they are setting up for what is going to happen when you return. Which is: within a month you will be put on a PIP. When the PIP is over (30-90 days) they will tell you that your performance did not improve and fire you. Companies have started doing this to avoid being sued because they violated FMLA/ADA laws. I’m sorry but use your leave to look for another job if possible.

39. Kelllzzz KJuly 10,2024 at 11:27PM UTC

    Call a lawyer!

40. Kristal BoydJuly 12,2024 at 11:44PM UTC

    Does your manager have documentation that this has been discussed in the past? If you are feeling harassed or bullied before you start your leave, please file a report with your HR, by doing this, it will protect you. Good luck