Wrongful termination and withholding documentation
My wife was recently let go after a leave of absence for her pregnancy. They stated it was because of performance issues yet she was never counseled or written up for these so called issues. She actually was the 2 or 3 highest rated call taker in her dept. Now they are trying to strong arm her telling her that she has no right to her personal file that she kept with all signed copies of past reviews, write ups etc over her 8 years of employment. What rights does she have and is there ground s here to press charges for wrongful termination?
1 answer | asked Feb 25, 2008 1:33 PM [EST] | applies to Ohio
Answers (1)
Pregnancy discrimination/medical leave violation or both?
On the face of these facts there may be what we call a "colorable claim" (possible lawsuit), however, much more detail is required before a competent employment attorney can give you an opinion. For example, how much leave did she take? Was it in accordance with the Family Medical Leave Act or based on company policy? How have they treated other employees who have taken medical leave? How have they treated other employees with the same amount of writeups? Why would they be targeting her?
Regarding her personnel file, the courts have held that the file is usually the property of the employer. However, it can be obtained after suit is filed during the evidence discovery process. From your question it is a bit unclear as to what the employer is saying. (Do they want the evaluation copies back that she took?)
In summary, I would recommend you call an attorney for an appointment so the facts can be hashed out in greater detail.
posted by Neil Rubin | Feb 25, 2008 7:56 PM [EST]
On the face of these facts there may be what we call a "colorable claim" (possible lawsuit), however, much more detail is required before a competent employment attorney can give you an opinion. For example, how much leave did she take? Was it in accordance with the Family Medical Leave Act or based on company policy? How have they treated other employees who have taken medical leave? How have they treated other employees with the same amount of writeups? Why would they be targeting her?
Regarding her personnel file, the courts have held that the file is usually the property of the employer. However, it can be obtained after suit is filed during the evidence discovery process. From your question it is a bit unclear as to what the employer is saying. (Do they want the evaluation copies back that she took?)
In summary, I would recommend you call an attorney for an appointment so the facts can be hashed out in greater detail.
posted by Neil Rubin | Feb 25, 2008 7:56 PM [EST]
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