Imagine this: out for short term disability due to injury.

Anonymous

August 16,2023 at 5:12PM UTC

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Imagine this: out for short term disability due to injury.

Day I return: laid off (severance)

Reason: *not a good fit "

They posted my role while I was out

I have no faith in management ESPECIALLY when they are constantly changing the rules of the role.

They ask for A. I provide A.

Sorry, should have been B. I provide B

Been going on for months

Blessing in disguise.

People in my team did a lot less and remaining.

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AnonymousAugust 16,2023 at 5:52PM UTC
I was under the understanding that std was protected.
AnonymousAugust 16,2023 at 7:11PM UTC
FMLA is what you may be thinking of.
AnonymousAugust 16,2023 at 9:53PM UTC
Oh you're probably right.
AnonymousAugust 16,2023 at 7:48PM UTC
If the injury was job-related (i.e., Workmen's Comp related), then this is totally illegal. Workplace injuries are protected against retribution. Otherwise, if you are in an "at-will" state, an employer can do it if they feel you have taken too many days off (even if it was for a short-term disability and you had the sick leave or insurance to cover it). To be sure, check with your state's Department of Labor or an employment attorney. This sounds shady, at least from what you describe, but it may be totally legal.
AnonymousAugust 16,2023 at 9:40PM UTC
Tripped on their property though it had no obstrction except my being a klutz.--but because I got severance, attorney said "nope". I received short term disability
AnonymousAugust 17,2023 at 4:17PM UTC
I did ask. Because I received severance and the opportunity to apply elsewhere in the company - get nothingWhat I do have is that my boss has to spend 6w plus training for my role and doing it herself. 8000 cells of commentary every month to three months. HUGE blessing in disguise
AnonymousAugust 17,2023 at 11:23PM UTC
you could do a FEHA complaint against them still and also the ADA. They need to be called out.
AnonymousAugust 17,2023 at 6:28PM UTC
Hmm, contact an attorney. Find out if there is recourse because clearly if you were targeted because you being out you have a case.
AnonymousAugust 17,2023 at 8:23PM UTC
I did. Because I received severance and the opportunity to transfer within organization IF I qualify for an open role...no rights
HR is for the company, not the employee
AnonymousAugust 17,2023 at 8:26PM UTC
Exactly how I feel!! My supervisor thought she had all the answers. Fine. I'll move on to better!!
Success is the best revenge!
AnonymousAugust 17,2023 at 11:00PM UTC
Was the opportunity to transfer prior to your leave?
AnonymousAugust 18,2023 at 1:49AM UTC
They said "maybe". I have to reapply, re-interview for something else. I'm not quite an outsider but I feel like they will not make this easy. It's all a game.Thing is, I don't think that they think I'm seeing right through this
AnonymousAugust 18,2023 at 6:08PM UTC
I still think you need to contact an employment attorney for a consult. The majority will do that meeting for free to suss out if you do have case. At the very least, contact the EEOC and report.
AnonymousAugust 18,2023 at 7:05PM UTC
I did. Since I got paid during my leave and on severance, it is like I'm still working.
So, too bad for me. But I've already had one interview - yesterday. I'm trying to have faith it's all okay and put this behind me
AnonymousAugust 18,2023 at 11:16PM UTC
Severance doesn't qualify as you still working. I don't know who you consulted with, but I feel you got bad advice. In the meantime, you are doing all the right things. Keep that faith!!
AnonymousAugust 17,2023 at 11:17PM UTC
Did you already sign anything for the severance? Talk to an attorney, you might have a case - or at the very least, he may be able to get you more severance.
AnonymousAugust 18,2023 at 1:51AM UTC
Nothing signed. Email sent. All this transaction over a Teams call
Rebecca MillikenAugust 18,2023 at 12:02AM UTC
I think you have a good attitude: it IS a blessing in disguise. You can spin your wheels trying to fight it or tell them all to kiss your ass and move on. Good luck to you.
AnonymousAugust 18,2023 at 1:45AM UTC
Thank you for your kindness! I cried (after I got off the phone with them). I cried more out of frustration than the loss of that makes sense.
I've pretty much said "see ya".I want to transfer departments only because of the insurance. But once my son graduates from HS in 2024, moving out of this town to start over (he'll be in college)
AnonymousAugust 18,2023 at 1:24AM UTC
I am sorry; it sounds like you could sue.Is there a union involved?
AnonymousAugust 19,2023 at 2:56AM UTC
Please stop with thinking that everything is a lawsuit. She was let go AFTER she came back from disability so there's nothing actionable here based off these limited facts.
AnonymousAugust 19,2023 at 12:12PM UTC
Like you said, limited facts. There could be a lawsuit, or maybe not. If OP thinks there's something there, it's def worth speaking to an employment lawyer about.
AnonymousAugust 19,2023 at 1:58PM UTC
Except the fact job was already posted while she was out on leave. They knew they were letting her go.