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I am being targeted for taking FMLA time.

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I am being targeted for taking FMLA time.

I am being lied about and given a written warning at work that is untrue. My daughter was diagnosed with a serous medical illness and then I was diagnosed with breast cancer the next year. Therefore, I had to take two FMLA leaves in the past two years. I am still working but fear I will be unfairly terminated. I just started to see a lawyer. Has anyone ever been terminated for FMLA retaliation ? Any advice? Thank you!

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  1. Anonymous

    Definitely speak to an attorney. They will advise if you are "worried for nothing" in that you can't do anything unless they actually fire you, as opposed to high school antics like freezing you out, taking responsibilities away from you and saying they don't want to overwhelm you

  2. Anonymous

    The lawyer has already made some suggestions. He suggested I request my employee file.

  3. Anonymous

    Serious question: what’s the expected outcome of getting your employee file? What info does your attorney think it will unveil that will benefit your case?

  4. Anonymous

    Good question- I have copies of my performance reviews but if that was needed the employee file would contain that.

  5. Anonymous

    It happens but the company will disguise it as poor performance and things they can blame on you.

    Did you FMLA include any type of payment or was it merely leave without pay?

    Your lawyer will know exactly how to fight any retaliation.

  6. Anonymous

    The FMLA leave did include payment.

  7. Anonymous

    Is the written warning about your FMLA leave or about a performance issue? If the write up is performance related and you’re claiming being targeted because of your FMLA, I’d come prepared to dispute the claims, line by line, with metrics and positive outcomes.

    If you go into this meeting claiming retribution only, it won’t turn out well.

  8. Anonymous

    The warning is a gross exaggeration about a conversation I had with a coworker. I am being quoted in the warning as saying things I never said. I am being accused of raising my voice which is a lie. The coworker has resigned and will only be in the office two more weeks. I think my manager used this coworker who is leaving as an easy target to try and get me in trouble.

  9. Anonymous

    On the plus side, raising your voice to someone is hardly justification for a write-up unless it is a full-fledged drama that would have multiple witnesses or part of an ongoing conflict that you have been verbally warned about. On the negative side, it is also subjective (possibly they said/they said) and unrelated to your FMLA leave. I'm interested in what the attorney thinks.

  10. Anonymous

    The crazy part of the write up is I never raised my voice to my coworker. There was no prior conflict. The warning contains lies about things I never said.

  11. Anonymous

    The written warning claims I violated the company work values. It claims I was very rude to a coworker and that I said things that I never said. I am trying to prove these allegations are not true and hopefully the written warning will be removed.

  12. Anonymous

    Check to see that your return to work release includes accommodations, especially after your cancer diagnosis. Cancer is now considered an ADA disability, and if the "poor performance" can be attributed to a required accommodation (fewer hours, reduced stress, mobility, etc.), you can dispute that it is disability discrimination.

  13. Anonymous

    Yes, I was. If they have an intranet or anywhere that posts policies including HR policies, start trying to print off anything that they aren’t following & are breaking.

  14. Anonymous

    yes, hire a good litigation attorney and be sure they can go the distance. bcc everything you write and be sure to do just about everything in writing...

  15. Anonymous

    Yes, I am now documenting everything in writing.

  16. Anonymous

    I don’t know how you expect this to end positively and I say that gently - if they’re already starting to take steps toward what you believe will be letting you go, not much a lawyer will be able to do for you if you’re A) trying to keep your job or are you trying to B) going to sue them? That’s a lot of a road to go down (both in expense and time).

    be aware most companies have lawyers who review all firings carefully to make sure there’s no possibility for legal backlash / ie they can’t be targeted for wrongful termination as you are claiming.

    my guess is if their reasons for targeting you aren’t sound, legal will tell them they can’t fire you. They can still (and probably will) make you want to quit so beat them to the punch and start looking for a move. This won’t end well unfortunately.

  17. Anonymous

    My manager wrote me up for things I never said to a coworker. My manager is lying to make me look bad. Unfortunately the telephone conversation between myself and a coworker was not recorded. According to my manager, my coworker texted her after our conversation. I do not believe my coworker claimed I said things that we never said . I wish I could speak to my coworker about it but it seems best not to since this issue is likely being investigated.

  18. Anonymous

    A positive end would be the company having to pay the employee for violating her rights under FMLA. I’m sure she won’t want to stay in a company that treats employees so badly, but at least she’ll be compensated for their treatment of her and they won’t pull the same crap on another employee. Btw, I was caring for my elderly parents and was able to work three day weeks with the other two days charged to FMLA for four months with no issue, probably because I was in a union where were accumulated long term sick days and were contractually allowed to use them for FMLA. I had enough days accumulated that I could have continued the arrangement for at least another six months (but it made more sense for me to wrap up the academic year, get the new one up and running and let my successor take it from there.). My employer also had a plan in place where if an employee ran out of long term days for FMLA, other employees could donate their unused sick or vacation time to them. Not all employers are AHs, at least not if there’s a strong union watching over things.

  19. GirlBossanova934974

    Without seeing the written warning, it is difficult to make any sort of conclusions. Warning for what? Attendance issues? Performance issues? It is highly unlikely your employer is going to knowingly violate the FMLA law. As with all warnings, it is best to respond to all warnings in writing if you believe what is being stated is factually inaccurate. Please provide evidence of your counterpoint arguments and make sure HR gets a copy.

  20. Anonymous

    The written warning stated I violated work values. The warning claims I said things that I never said. The warning made me appear extremely rude and accused me of yelling at my coworker. I responded on the warning that I did not say the things I am accused of. HR is aware and has a copy of my rebuttal. But HR in

    my company does not protect the employee.

  21. GirlBossanova934974

    A few things come to mind. 1) Are the so called "work values" in the EMPLOYEE HANDBOOK? Please find out and make sure you have a copy of the Employee Handbook in hard copy. If you are terminated for whatever reason, your lawyer will want that right away. 2) Make sure you have a signed copy of the written warning notice. 3) Make sure you have hard copies of your signed performance appraisals. The lawyers will want that to show your good character and such. Last, HR is NOT your friend! You are copying them on all correspondence so that if lawyers decide to sue the company, the lawyer can say the company, NOT just a single manager, was aware of the disputed incident and your side of the story. OFTEN TIMES, companies will say they didn't know about the issue. A single manager was acting by himself/herself. If the company knows about the issue, the damages get much bigger.

  22. Anonymous

    If you didn't do anything wrong, fight them! I had a situation last year where I was harassed while out on FMLA and clearly didn't have a job to go back to and the company had to pay me out a hefty severance because of their unprofessional behavior. TLDR, the big ego bully leader above me didn't believe I was sick because I didn't 'look' sick to him (thanks good genes and botox but I felt very sick and I had medical records to prove it) and harassed me and my team while I was out on leave. I tracked the timeline of what was going on prior to me going out on leave and documented all communication while I was out and I pulled in HR to get going on a separation agreement. I hired a lawyer to review the separation agreement at the end and he said he had never seen anything better self negotiated and didn't think he could've gotten me any more money than I'd negotiated. I fought so hard because I knew they were in the wrong. If you didn't do anything wrong, fight this and good luck! (Side note, the bully got fired after a formal investigation because it's against the law to treat people this unfairly, karma is real.)

  23. Anonymous

    Sorry you went through this. I am fighting this because I refuse to be lied about. Still working but concerned my manager will make up some reason to fire me.

  24. DeborahORell

    most people need to keep working - they need the health insurance. and most employment claims settle. not litigated. i would suggest reaching out to an employment lawyer NOW. so they can advise you what steps you should be taking now. ie what complaint letter to write, what to say. nothing can prevent them from firing you. but you can protect yourself as best you can with creating leverage for a great settlement. are you in a one party recording conversation state? another great way to get proof of backlash. a qualified employment lawyer can help. that's what we do for people. try to keep them working while creating the runway for an exit on your terms.

  25. Anonymous

    I live in a state that recordings require both parties know about the recording.

  26. Anonymous

    Interesting. It’s the “new GIRL” statement that triggered me.

  27. Anonymous

    Yes get lawyer and pursue from their advice

  28. Anonymous

    My story is a little different. I was very sick and needed Fmla time. My company said fine but you need to still be on call in case they needed me. How can I get better with the anxiety the phone might ring every 5 mins. I ended up resigning. Luckily my manager got fired a few months later.

  29. Anonymous

    I feel for you really.
    But in your absence, the work does still need to be done. If you've worked there a long time, they owe you for being a long-time loyal employee. If not, well, you've kind of shown that they can't depend on you to show up for work. Really, I do feel for you. I'm looking at it from the viewpoint of a supervisor who has to schedule work, both keeping the other employees from being overloaded while getting the work completed with one less staff. Sometimes life just sucks.

  30. Anonymous

    I hear what you’re saying but don’t think it necessarily applies here. The poster says they’re being written up for things that are untrue, which they fear is retaliation for their two FMLA leaves. Yes, life sometimes sucks, but an employer fabricating grievances to justify dismissal is absolutely illegal.

  31. Anonymous

    Work has to be done, but employees have to take care of their health, and that of their families, too. That’s what FMLA is for. I’d hate for you to be my supervisor because what sucks here is your attitude.

  32. carolina girl

    Oh SURE! I can tell you’re REALLY feeling sympathetic! Listen, lady, you have NO IDEA what this poor woman is going through! Her child is seriously ill and she has breast cancer! You’re all heart!?

  33. Anita Lauer

    If you’re feeling that the work needs done and that it’s unfair for other employees to pitch in, just think about how unfair it is to have a sick child or to get a diagnosis of breast cancer during the best years of your life. Life certainly does suck, you don’t have to make it suck more. Plus, you’ve got the opportunity to prove how well you can manage the kind team of team that pulls together when things get tough. Take it and run with it!

  34. Anonymous

    I will run with it. Thank you!

  35. Anonymous

    I have worked at the company for 20 years. It sucked that my daughter and I were both sick one year apart.

  36. Anonymous

    If you have the means to do so, please consider fighting, if only to possibly establish a better precedent for putting people over profit.

    This issue hurts me deeply. I historically have earned wages that have ranged from not-so-great to downright poverty-level, meaning I didn't have the resources to fight when I got sick. I was unfairly terminated many times, but with no recourse, I simply packed up my desk and left. To say the financial impact has devastated every aspect of my life would be the understatement of the year.

    We all have to do what's right for our individual situations. However, I'm a firm believer that we can make things better if those with the power to stand up choose to do so. Each person who says, "this isn't fair," to penalizing workers who get sick or face family illness through no fault of their own does an enormous service to everyone else who is struggling in silence.

    I hope your situation resolves favorably for you. Hugs.

  37. Anonymous

    Amen.

    You're also not just fighting for yourself but the next person.

    I don't disagree that anyone who stands up for themself in a situation like this should be aware of the potential outcomes, the toll fighting can take, and be planning their exit.

    However, on threads like these, I so often see what feels like employer-side concern-trolling. Telling the OPs "don't bother" ... "your employer has more resources and better lawyers" ... "just save your energy and look for another job."

    We should absolutely support and celebrate anyone who is considering taking on an employer that is breaking the law. And certainly anyone who is consulting a lawyer to better understand their situation.

    I'm dealing with a misclassification case right now and have heard a whole lot "you should just put your energy into finding a new job."

    I can walk and chew gum at the same time and so can most of you. And consulting a lawyer doesn't always equal suing. In my case, it encouraged me to forge ahead with an unemployment compensation claim that some people told me "sounds like too much trouble" (it's trouble worth taking given how long a job search can stretch).

    Speaking of, where UC is concerned, you absolutely want *them* to have to get rid of you.

    And to come back around to my original point, a worker-friendly world requires workers to speak out and employers to know that they will.

    Good luck and better days to the OP and daughter,

  38. Milissa Jacobs

    this is easy to fix with documentation. An employee cannot be retaliated against for using FMLA. Find a good attorney that specializes in this, they will take a cut, so you're not going to have to worry about payment.

  39. Anonymous

    Employees are retaliated against and even fired for taking FMLA and/or asking for ada accommodations ALL THE TIME.
    Yes, it may be “illegal” but still happens… and yes, there are attorneys that specialize in this that can help. BUT, at what emotional cost? It really is hard to “fight city hall”.

  40. Balanced372207

    Hard but if you don't fight, you have zero chance of winning. And some of us have fought and won.

  41. Lorraine Herrera

    Call EEOC and start making a record. Record every action, if you are in a one person consent state you can record, if not, send summary emails of every interaction where your health, sick leave or any of these aspects is considered.

  42. Anonymous

    Also check your company policy. It may be legal in your state but against company policy to record conversations without consent. But agree to document and follow up with emails.

  43. Balanced372207

    Call an employee rights attorney.

  44. Anonymous

    I hate that you are going through that. Document EVERYTHING and make multiple copies. I hope you fight and i hope you win!

  45. Anonymous

    Forward all FMLA correspondence from work to your personal email.

  46. Anonymous

    I will fight this!

  47. Anonymous

    I'm so sorry you're going through this. I went through it as well, and my only advice is to get a lawyer. Depending on what state you're in, you can leave that job before you get fired if you feel like it's coming and they've painted you into a corner. It's shocking how many companies still pull this nonsense. Good luck!

  48. Anonymous

    Yes, I had this issue at my last full time for for taking out time using the FMLA. Ironically the employer denied the FMLA.

    I wasn't terminated. But I chose to resign because I was not going to be be paid the salary I had been negotiated on a contract. I only received $300.

  49. Anonymous

    Yes, i was terminated for taking FMLA, while I was on FMLA and was also denied an ADA accommodation.
    I sued…. Took several years to settle, and honestly for all it cost me mentally and financially, not worth it. These companies have so much money and more attorneys, and they can afford to drag these things out forever…
    save your sanity and try to find something else.

  50. Anonymous

    Good for you for suing and sticking with it. These companies just bank on us rolling over and going away. I went through the same thing unsuccessfully 10 years ago. It was one of the most stressful times in my life. After being out of work for a year, I was recruited for a great job by a former boss that took me to retirement.

  51. Kimberly McKenzie-Klemm

    I worked for two different companies that had different FMLA policies. The first company was bought out by the second one. Under the first company, I had to declare FMLA time to take a day for a required doctor's visit. Under the second company, I was not allowed FMLA for the type of doctor's visit and the doctor I saw told me he could not continue a decision under FMLA. The notice stayed in my file from the first company and confused my records under the second company. I would check to make sure your FMLA is recorded correctly for the information related to your leave. It is easy for the HR department to leave off crucial details that make your "absence" appear to be problematic.

  52. carolina girl

    I’m so sorry with what you’re going through. I wish I had some advice I could give you. I think seeing a lawyer is a great idea and I pray it all works out in your favor. Prayers for both you and your daughter. ??

  53. Nancey Chambers

    Yes, I was targeted for taking short term disability due to a serious medical issue. When I got back from my leave, I was transferred into a different department, which was a lot more difficult for me to do given my medical condition. I left that toxic place as soon as I could.

  54. Pam Hardy

    I'm not an attorney, but I did not think a company could do anything to you for using FMLA. In fact, they really aren't supposed to say anything or ask you anything when to tell them you're using FMLA--that's what I was told when working for Cigna. However, I missed a lot of work, but would work nearly everyday. I would have to leave early, or come in late on days I was sick. I was terminated on December 7th for a technicality-I'm talking "minor" technicality. After reading all these comments, I wonder if it was really about FMLA. I've always thought it might, but who knows. I think I'll talk to a lawyer. Did any of your employers come out and say "We're firing you because of you using FMLA?"

  55. Anonymous

    I don't believe they would ever say yes to letting you go because of your request for FMLA. That could potentially lead to a legal case, especially if you have proof of their denial. I have heard similar stories before. I used the leaves allotted to me under FMLA for a weekly appointment I had for two and a half years. Sometimes I missed a full day (some apts were longer and further away), and sometimes only a few hours. Instead of using my paid time off (PTO), I chose to use unpaid time. Despite this, I still work for the same company and have been promoted three times during that 2.5-year period. I no longer need to see the doctor as often, so I no longer use leaves under FMLA.

    I believe it really depends on the relationship you have with your company, supervisors, and your work and absence history prior to taking FMLA.

    While there are certainly bad bosses and companies.

    I think FMLA, in most cases, can be used without discrimination, but if there is already tension or animosity in any way, then use FMLA, they'll find a "reason" to let you go.

  56. Anonymous

    I was targeted, as well. I was actually out because of severe harassment so I’d already hired an attorney. With the FMLA retaliation, the attorney added it to the charges against the employer and filed with EEOC. Until the company finally agreed to settle, I had to come in everyday and tolerate the ongoing verbal abuse, lies, etc - my boss had very serious issues with controlling his temper and I’m guessing HR didn’t tell him it was in his best interest to reign in his temper—the legal list against them was getting longer and they finally settled before it went to court. My advice is to keep your head down, say nothing, and keep in close contact with your attorney. Rest assured, they ARE targeting you. Having an attorney is the best thing you can do!

  57. Anonymous

    Thank you! Sorry you went through this!

  58. Balanced372207

    Let me tell you all about the lady/former coworker my daughter named "the titty spy." I was diagnosed breast cancer in June of 2020 at the height of Covid. I had chemotherapy in July, August, and September. I was on approved FMLA and I continued to work every day (I was a receptionist). I had a mastectomy on November 13 of 2020. I still had drains in my body when two weeks after surgery, a coworker came to my door allegedly to check on me. She should not have come during Covid. I am still on approved FMLA. She takes one look at me and says, ",when are you coming back to work? You look fine to me." So I open up my shirt and show her where my breast used to be. She is a white lady who turns even paler. After that visit, I was no longer bothered about returning to work right away. And I am sure the letters from my attorney and surgeon helped me keep my job too.

  59. Kimberly Penniman

    Continue with your lawyer, that was the best thing to do. The company cannot terminate you based on taking FMLA, and it is against the law for the company to retaliate against you for taking FMLA. So you are on the right track to having a lawyer, and hopefully, it is a good lawyer. God bless you and your daughter.

  60. Anonymous

    Thank you!

  61. Tiffany Clark

    Here's my advice. I had to sue two companies before for wrongful termination and won both times. One of the companies was Walgreens. It is against the law to fire anybody for retaliation. FMLA is part of any company that runs a business. It is part of the policies for a reason. FMLA is used under doctor's orders. They cannot go against that. They know what they are doing is breaking the law hint the reason for the untrue warning. This gives them a reason to fire you legally without getting in trouble or being sued. Let me also say documentation and recording is your bestfriend. I'm not sure what state you are in but some states have a one policy law where you can record without the other's consent. If not I would still record for my own records to prepare my documentation. Most will tell you to leave, but I say don't let them get away with mistreating you. Unfortunately many companies today do not care about their employees. They get away with things because we are always so quick to just leave instead of teaching them a lesson. I say get a lawyer right away. Make sure you have all your documentation in place. Any emails make sure to send it your personal email outside the company. I have helped other people before in your situation and recommended them the law firm I used to help with my last case. Do not give up and lose hope. Fight them for violating your rights. If you need any help, feel free to reach out.

  62. Anonymous

    Thank you! How do I prove this is FMLA retaliation? The performance improvement plan I was placed on six months after my first FMLA leave that was totally inaccurate? The final written warning four months after my second leave that is also completely inaccurate? The company will not tell me they are doing these things because I took FMLA leaves twice in two years.

  63. Tiffany Clark

    To me its retaliation because they decided to give you a pip after your first FMLA leave. What I would do is document the conversation you had. Be sure to mention the who you spoke to, time, date, etc and what was said. Anytime there's a face to face conversation I would record. if you never had a pip before you had your FMLA, that's proof of retaliation also. They gave you another after your second FMLA is another proof. Have doctor's documentation should also be considered as a backup too. I need to know exactly what was said in the PIP to determine it's retaliation. If you want to reach out you can inbox me. I will send you my email.

  64. Anonymous

    Omg, stop asking a bunch of strangers how to prove FMLA retaliation! Lean on this attorney that you hired, you’re certainly paying a premium to retain them. I don’t get the sense anyone on this page has a JD.

  65. Ayian

    So because you want to choose how to handle your fatal condition rather than extend your life with an impact to the quality of that life, you should just not do anything to maintain that quality of life at all? I'm so sorry you're in sick a toxic work environment.

  66. Celena Barton

    I guess stay with the lawyer but don’t think you are jumping the gun a bit? Has your employer not been supportive in the past?

  67. Anonymous

    My employer and Human Resources have not been the least bit supportive in the past.

  68. Goalsetter538272

    What about the write up is untrue? Do you have proof that someone is lying? It can be very hard to argue about performance related issues without documentation to back you up, and your post doesn’t mention anything about the nature of the write up, previous performance, etc.

  69. Anonymous

    My last two years of reviews say I met all expectations. The last review was signed by my manager in November 2023 and said “ I get along well with all the staff.” Now I am falsely being accused of being rude to a staff member.

    The write up says I said things I never said. I can not prove the write up is a deliberate lie but I requested the person I spoke to be asked about our conversation. My manager has exaggerated things in the warning to make me look bad.

  70. Anonymous

    My prior annual work reviews were excellent. I do not have proof that anyone is lying . I was accused of being rude to a coworker. I was not rude. I did not say the things management claims I said. How do I prove that?

  71. Anonymous

    Need more details regarding this, what were you written up for and were you approved for FMLA?

  72. Anonymous

    I was approved for FMLA both times. Approximately six months after the first FMLA leave I was placed on a PIP. The PIP contains inaccurate information and I got off it in three months.

    I had to take another FMLA leave due to a breast cancer recurrence and took another leave the next year. I received a final written warning that claims I was extremely rude to a coworker. The warning is not true. Therefore, I reached out to the vice President to advise him of the situation. I am waiting for the senior vice president to investigate.

  73. Anonymous

    Did they have a conversation/coaching with you about the performance concerns prior to placing you on the PIP? If you had valid performance issues then putting you on a PIP is not a bad thing because they are giving you an opportunity to improve instead of proceeding with disciplinary action. You were taken off PIP so I'm assuming you improve and no disciplinary was needed.

    We're there any witnesses to the incident between you and a coworker, if so then they were able to confirm it happened and appropriate disciplinary action was taken. If no witnesses and its your word against the other person, and this is not a pattern of behavior then I can see why you involved upper management to look into. I can see how it can be perceived as retaliation for taking FMLA but it may not be the case if they are able to validate the concerns. Hope this helps, best of luck to you.

  74. Anonymous

    There was no coaching at all prior to being put on PIP. I believe the PIP was a way to get me to quit after taking the first FMLA leave. The PIP contained lies. I sent a rebuttal to human resouces about each untrue allegation. There were no witnesses. This is not a pattern on my behavior.

  75. Anonymous

    SAME exact thing happened to me. The day I got back from FMLA I was put on a PIP. I'm so glad you're fighting this. It's painful but you will win, hang in there!

  76. Anonymous

    In reading through the OPs responses, I'm no quite understanding the absolute fixation on disproving the alleged lying that's taking place in the write up. I personally would NEVER spend money to retain legal counsel to set the record straight. I'm not sure what the OP hopes to get out of this: we're sorry we lied in your write up, we rescind this accusation. I don't get the sense this will save their job.

    Now if the OP were trying to recover payment or some sort of compensation, that would be a different story!

    Ultimately, this job is done. The employer has been VERY clear that they're trying to move you out and they will take any step necessary. If you're in an at-will employment state, please end your suffering and aggressively start to look for a new job. This ship is sinking.

  77. Anonymous

    I agree that OP's resources and energy is better spent finding a new job. I'm unsure what kind of outcome OP is looking for, maybe an apology and recognition that company was at fault not her.

  78. Anonymous

    It’s FMLA retaliation, which is 100% a legal issue. The fact that she hasn’t been fired yet isn’t the issue. Maybe she doesn’t want to get another job for a variety of reasons. I would imagine that the health of herself and her daughter is her priority. It’s wrong and if people just leave then the manager/company gets away with it and it’s worse for the next person. I understand that sometimes it’s better to walk away, but if she wants to take the steps to protect herself and bring the manager’s actions to the company’s attention then that is her choice. I had a similar situation and even though I ultimately ended up leaving, I was able to paint a very clear picture of my manager’s behavior before I left. I kept my mental health a priority but I also wasn’t going to make it easy on him.

  79. Anonymous

    Yes, I reached out to senior management because I want to keep my job . I should not have to quit the job because I had to take two FMLA leaves in 2 years. I would have preferred that my daughter and I stayed healthy and the leaves were not needed.

  80. Anonymous

    While I agree this company is done for OP and their primary focus should be exiting into a new role, companies rely on employees’ ambivalence towards the impact on future staff to continue this behavior.

    When the company faces legal or financial consequences for violating employment law, it deters them from repeating that behavior. If not, they will surely do it again.

    If I were OP, I’d focus on finding a new job, but gather every piece of evidence you can of their malfeasance (including recording these conversations if that’s legal in your state) and taking time-stamped notes via Google. Once they’re safely ensconced in a new role, sue the old company for wrongful termination, or at least report them the the Department of Labor so they’ll be prosecuted.

  81. Anonymous

    If they terminate me I will sue. I am trying to avoid being terminated .

  82. Tiffany Clark

    As long as the poster has proof of retaliation she will win. Another thing Being an at will state doesn't excuse the company from breaking the law.I live in Illinois which is an at will state. The fact I had strong evidence against Walgreens and Jt Global and they settled showed they knew what they were doing. While everybody else quit, I didn't. If they are breaking the law, being at will get tossed out. Many companies will mention at will to deter you from reporting them when they break the law. As someone who has worked in corporate for years, At will doesn't mean anything but to put fear in you. When you know your rights, At will doesn't mean nothing.

  83. Anonymous

    I hope by proving that I did not do the things I am accused of the written warning will be removed.

  84. Anonymous

    Your time at this employer is coming to an end. The relationship is beyond repair. All litigation will do is continue to drain your bank account. While unfair, cut your losses and move on. Please research sunk cost fallacy, time to move on so you can heal and chart your new course.

  85. Anonymous

    Even if they remove it, you are sunk. The bullseye on you will get even bigger because you made management and HR look bad. Do what you have to if you can’t get hired somewhere else right now, but understand this job is a goner. Get a lawyer to help with the money but it’s not reversible.

  86. carlos mercado

    Even if you win any kind of case against your employer, it is clear they want you out and in an at-will state, they'll be able to fire you. They'll resent you due to any legal counsel you've taken and it can hinder any opportunity to move up in the company. Do you want to work in a company where there's hostility? Update your resume and start applying ASAP. Sounds like a toxic place anyway.

  87. Anonymous

    I don’t plan to stay there forever. Right now it works best for me though.

  88. Anonymous

    It is illegal to fire or retaliate against someone for taking FMLA at will state or not.

  89. LORI-ANN BURLINGAME

    As I understand it, as long as you have submitted all of the necessary paperwork; your leave has been approved; and you return to work, when approved by your doctor -- there should be no negative repercussions. However, each case is different.

    That's why it is so important to understand your employment handbook and any other company policies/procedures.

  90. Anonymous

    I got a 6 figure settlement in an “at will” state. Evidence of problems mishandled by the organization and policies not followed still count, but a good employment lawyer will let you know if it’s enough. Biggest mistake people make is not getting a lawyer soon enough.

  91. Anonymous

    Any suggestions that an employee should do? I know to get my employee file and employee handbook. I can use a recording app to record conversations with management. I have a lawyer.

  92. Karyl Hall

    Just be careful when recording. You have to inform anyone that you speak with that you are indeed recording them, otherwise its not admissible. That said, I recorded my bogus PIP conversation without giving management a heads up, and I got some good intel from it. My lawyer said I couldn't use the actual recording but I could reference to it (ex: "I was told on Jan 1 that if I didn't improve my performance I would be terminated"). This is a nightmare, I went thru it and I'm so sorry you're going thru it as well. These companies are awful !

  93. Anonymous

    The policies and procedures that address how things should be handled are key. There’s big settlements when policies aren’t followed but if you don’t have them it’s hard to prove. Get all the relevant policies, SOO’s etc and the HR policies around corrective action.

  94. LORI-ANN BURLINGAME

    Severbal years ago, I fell and broke my right wrist. I was in a cast for six weeks. I filed for short/long term disability and FMLA. i submitted all of the required paperwork and my leave was approved.

    However, my immediate manager tried to get me terminated. He said that I had "abandoned" my job. I'm right-handed, in a cast, and could not even brush my teeth. When I returned to work, my manager was a jerk.

    If you submitted all of the necessary paperwork and your leaves were approved -- you did the right thing by seeking legal action. If you are terminated, contact your local EEOC office and file a complaint,

    Wishing you and your daughter much happiness and good health!

  95. Anonymous

    Thank you!

  96. Anonymous

    Last year, I tripped on company property and out on WC (yes, I was COMPLETELY sober; I tripped on a curb and had two surgeries and had in-house rehab-- home health). On my approved day to return by dr/HR, within 15 MINUTES I was terminated for "not a good fit"

    Pathetic. Unreal and an experience that I'll never forget

  97. Kathy

    The Family and Medical Leave Act (FMLA) is enforced by the U.S. Department of Labor. Information on this law may be found at http://www.dol.gov/whd/fmla/. Complaints filed under the FMLA are handled by the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.

  98. Anonymous

    I am sorry to hear that! That is awful and should be addressed. I hope the lawyer helps.

  99. Maura-Lynne Ross

    EMPLOYMENT LAWYER!

  100. Anonymous

    I hired one.

  101. Maura-Lynne Ross

    Wishing you the best on both fronts!

  102. Anonymous

    Good Luck and all the best to you and your daughter!

  103. Anonymous

    I went through a similar situation a few years ago. My mother was suddenly ill and I had to leave town and work, when I could, remotely. One day my mother was rushed to the ER and put on life support. I called my boss and explained the situation. She responded that I wasn't dependable. I was already on approve FMLA, managed to keep up with all responsibilities, had been there 12 years, and had received excellent performance reviews. The day of my mom's funeral, I was requested (and agreed) to attend a meeting. Soon after my father's health required attention and I went on another FMLA. I stayed at that job another year, during which the hostility grew (I think they wanted me to quit), before I was fired. Wording was clearly provided by an attorney. In retrospect, that was the best thing they ever did to me. And because I was fired, I qualified for unemployment, so was able to take some time off and reset my priorities. Several close friends wanted me to sue, but I chose not to because I didn't want to give that horrible place any more of my energy. Maybe foolish but the decision I made. It was hard for me to see clearly when I was in the middle of chaos. I'm at a new job now with respectable, compassionate people. Take care of you and your daughter first. Brighter days are ahead for you too!

  104. Anonymous

    Thank you! If I am unfairly fired I will sue to teach them a lesson. My manager is also hostile and I know she wants me to quit.

  105. Robin

    I have made this deco before and regret it on occasion . I then remind myself I did it for ME, not to punish them. I have watched the company implode from the inside out since. I won’t argue it is rather satisfying to watch.

  106. Anonymous

    They accused me of applying for FMLA as a strategy to mask poor performance. I informed them it was a cry for help because I could not do 60+ hrs and cope with 2 ill parents. When they fired me their initial offering was 1/2 yrs pay and I got a full year's pay. Get a Lawyer - mine took 30% but worth every penny.

  107. Anonymous

    Thank you! I am glad you won. It will teach the company to treat employees fairly.

  108. Anonymous

    I agreee with you.

  109. Anonymous

    I had a similar issue at work. Truth is, I wasn't going to get paid despite being on a contract.

  110. Kathy

    Every person who commented that they were terminated for taking FMLA should file a complaint with the U.S. Department of Labor. Information on this law may be found at http://www.dol.gov/whd/fmla/

    *The Family and Medical Leave Act (FMLA) is enforced by the U.S. Department of Labor. Information on this law may be found at http://www.dol.gov/whd/fmla/. Complaints filed under the FMLA are handled by the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor.

  111. Anonymous

    I hear you about complaining with the the U.S.Department of Labor about having your FMLA being denied. Surreptitiously, the HR manager who gave me a hard time seems to have left his job around the time that I let the company.

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