Hello again and thank you for your reply. Although there is some degree of job protection while an employee is on FMLA, that is not absolute. In other words, an employee cannot be terminated for attendance issues because of the use of FMLA and cannot be terminated for merely asking for it or using it, they can still be terminated for non-FMLA issues that are present whether they are on FMLA or not. For example, an employee can still be terminated while on approved FMLA for legitimate misconduct and performance issues arising before or after FMLA has been used. Likewise, if a company has an economic lay off or reorganization, then the employee may still be let go as long as they would have been if they had been working or not.
So, if your employer has legitimately evaluated your performance (by not including lack of performance while you were on FMLA), then as long as they are following their own procedures, they could lawfully terminate you for this reason. Of course, if you believe that they have used this reason as a subterfuge because of your use of FMLA, then in that case, you might have a wrongful termination
claim based on retaliation
If you think the latter situation occurred, then you will want to sit down with a local employment law
attorney to discuss the facts of your case and see if they want to represent you in a wrongful termination case.
Please let me know if you have any follow up questions. I would be glad to assist you further if I can.