I want to know if I was wrongfully terminated?

I worked for the same company for over 2 years. I was recently admitted to the hospital & it ended in me having a condition that I have flare ups that would prevent me from working coupled with the medication that i had to take to control the flare ups. I was out on short term disability for a couple of weeks & when I returned it was very intermitent. I was placed on Intermitent FMLA. Alot of changes were taking place in the office including supervisor changes. The new supervisor that I was assigned to decided to go to the division manager & ask that i be terminated siting tht i was being insubordinate. When i was terminated officially after being suspended for 1 week, they sited poor work performance. I was still on intermitent FMLA & was being harrassed by managersabout my abcensesfrom work. Do I have a case?

1 answer  |  asked Aug 5, 2009 4:20 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
The more accurate question is whether you were terminated because you were taking FMLA leave. You are in the best position to gather evidence showing the real reason for your termination. For example, if your employer became hostile to you after, but not before you began taking FMLA leave, that would suggest that your leave motivated your discharge.

One key will be whether your employer's stated reason is true or not. If you were insubordinate or had poor work performance,then your employer may have had legitimate grounds for terminating your employment. On the other hand, if those reasons are phony and made up to cover up, then by proving that the reasons are false, you can prove that the real reason is unlawful FMLA retaliation.

posted by Neil Klingshirn  |  Aug 5, 2009 7:21 PM [EST]

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