I had a mental breakdown due to stress and anxiety from work. The more I tried to do wht was asked the more I was told I was wrong and written up. The treatment I received enhanced my mental state to the point of

You may have a claim for wrongful termination under the FMLA, but only if your use of FMLA leave was the basis for your termination. If you would have been fired anyway, then you would not have a claim. The company will likely argue that you were fired for all the performance issues you were previously written up for.

Other possible claims could include an employment discrimination claim, if you were harassed at work based on your sex, race, religion, disability, or other protected class -- it's not clear from your question whether you feel you were just unfairly treated and given unrealistic demands at work (not illegal) or harassed for one of the reasons noted above (which would give you a claim). Also, if your stress-related condition is a symptom of a disability, you may have rights under the ADA if they refused to reasonably accommodate you.

These situations are very fact-specific, and I recommend you meet with an employment law attorney in your area to review your circumstances in more detail, and advise you.

All in all, though, it sounds like even if you do not have a viable legal claim, you were in a workplace that was toxic to your mental health. I wish you the best of luck finding a job in a more employee-friendly environment.

posted by Phyllis Towzey  |  Feb 3, 2015 4:34 PM [EST]

If the reprimands and termination were because you took FMLA leave or had a condition requiring FMLA leave, then your termination may be unlawful.

I am licensed to practice only in Ohio, but I am interested in speaking with you if you would like. I can advise you on your federal FMLA rights, and steer you in the right direction for finding a Florida employment lawyer.

My number is 330-665-5445 ext 2 extension two

posted by Neil Klingshirn  |  Feb 3, 2015 3:07 PM [EST]