California Employment Law
California Employment Law Questions Answered by Legal Experts
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
What is the reason you expect to be terminated when you return from FMLA leave regardless of your performance? Do you have reason to suspect the employer is retaliating against you for taking FMLA leave or discriminating against you based on your age?
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New Boss told me that given the choice of working with her own previous team or working with someone new, it's a no brainer who she would pick. she has hired 3 dm's from Cold Water Creek which is her previous employer. I don't believe it has to do with me personally. I am just not wanted any more. and I believe there is a higher up directive to get rid of me for my w/c injuries. I potentially have 3 more surgeries left. and I am 60 so time to let me go and she is ready with a new team. It's not about performance. My resume' is impressive from Limited Brands and VSS for 20 years plus Gap, chicos, disney and brighton collectibles. I have never failed.
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So, I should tell them that in my case, it's not a simple case of severance but they are paying me to not go further with legal action against them?
and I tell them that I do believe I have a case for retaliation under FMLA and worker's comp laws. What about being replaced on FMLA? I am not sure I mentioned that in the probation meeting, my boss gave me the advice to quit because she did not believe I would survive the 30 days probation. Do those comments give more weight to my negotiation?
thank you. Do you work out of sacramento? Are you available to represent me?
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thank you and yes I will rate you the top score. Your help has been great and I would hire you in a minute.
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