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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I was terminated from a 9 year job. I started as an entry

Customer Question

I was terminated from a 9 year job. I started as an entry level employee, and was a supervisor in two different departments for 8 years. I was rated a 4 out of 5 point since 2010. The end of 2013, I started having some psych issues. Long back story to explain later. He was fully aware, and had behavioral shorts himself. He made sure how my progress was going. An incident happened at an after work party in Oct 2014 that I'm still not really clear on the details. I was on and off different medications, and would step out. I filled in for my manager in held supervisor positions. I had a "carrot dangled" in front of me that kept getting excuses about not ready to fully become certified. Everything came to a head when I had a meeting to go over my team's performance with my peers. I ended up acting completely out of character. I totally forgot everything I was going to talk about, I had to go back through my notes, and ended up rambling. Not my fineste, but no angry outbursts. This tied directly to the new issues that were coming on. I was to rate the Exceeds at mid year. My manager told that 1 meeting took me down to a 3 for mid year. I was upset, and I told him what happened. I of course said, but it's mid year, I still have time. It didn't have a bearing on my overall review. So there are partial reviews each month, next month, he told me that he was so proud of how I've dealt with my situation, and had shown that I am a strong person. My rating in subsequent months was back to 4, and were signed off in my filw. I still had a few issues between those times. He mentioned something to HR. I met with the HR rep. Told of the issue, and related it to the backstory from what I had talked with my therapist about. Her words were "oh my god, that makes so much sense, I'm glad you are recognizing this now. She said she was going to see about what kind of accommodations are recommended, but I didn't hear back. I told her that we were going to a bar and grill that night as a department, and to come if she would like. Knowing what I her, didn't seem concerned. I don't know what happened for 100%. HR sent me out on LOA that day for FMLA/STD. I was out for 6 mo. I got a call from HR about the invest conclusion, they said nothing as were sidetracked when I tried to resign which I was talked out of. On Mon, I talked with her and a manager, I was let go for not following norms of the co. When asked, I was hung up on. No answer on next steps. I complained to a top executive that I knew. He gave it to invest for corp. After all that, I just got a letter that I did not receive my yearly bonus because I was a 1 for the year. I went from 4 to 1 in 1 year, that all ties back to my issues that I'm trying to fix. It appears my rating was lowered while I was actually on FMLA. I also know of many many examples of others in more serious issues were slapped on the wrist, 2 actually promoted. There is more, but I really need to see if I could get my case taken. This just doesn't sit right from everything I've read. Thanks!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Thank you for the information. Just for clarification can you tell me what particular issue you are wanting assistance with? Is it your termination, the rating, or what? Also, was the rating for the period that included the period outside (before or after) the 12 weeks covered by FMLA? Finally, did you file a complaint with your HR Department?

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