Hi, unsure which type of case if any I have with my previous employer. I worked for my employer for 5 and a half years. I was a retail manager in great standing, until last year in July when I fell in the stockroom. I was under workers comp and chose to keep my job instead of going into mediation.
I have Fibromyalgia and after my fall was also diagnosed with inflammatory arthritis. I had a fibromyalgia flare back in August and was taken out of work by my Dr for two weeks, I was told I would have to file for LOA after 5 days, but felt a funny pressure to return to my job a week early. I went in on a Monday and on Thursday was visited by my supervisor to be told I was under investigation by HR due to an anonymous phone call telling my employer I was not working my required hours , leaving early and coming in late. I was told that tapes reviewed that this was true and there would be no further discussion , so I never had a chance to state my case that I was battling my pain and or that I am pretty sure my time was made up on days I stayed longer etc did they watch those tapes??? I also was asked about taking two extra days of vacation which were not authorized, but I explained I entered incorrectly in the approval system but the amount of time still would be considered the same, as I am on salary, and no matter what just deduct the 18 hours from my vacation bank..it definitely was not done intentionally... My supervisor told me it was too late for deduction
, then did a quick store visit talked about how store was getting back on track and we were given a better score. I was upset and my fibromyalgia was acting up, so I called the Dr who took me out of work again. During this time on approved leave my supervisor said she tried to contact me about the result of the investigation. I finall was reached by email and called my supervisor after my Dr had taken me out of work for another 7 weeks. My supervisor stated that the decision was to terminate me for the two days of according to them unauthorized vacation. I am a manager without any performance issues, no documentation at all of employment issues, a manager of great Integrity and attendance other then since I fell and due to this my disability of Fibromyalgia flares and makes it hard to complete a 9 hour shift at all times. Corrective action for performance is by practice dicumented and allows for correcting undesired behavior over 90 days, leaving a door open over night or leaving money exposed is a final corrective which gives you another chance, but my job was taken due to a salaried
manager taking her vacation time earned and due to disability forgot to have it corrected is terminated while out on leave with her disability. I am unsure if I was discriminated due to my disability and the fact I was taking time off to handle with my Dr's or if I was being retaliated against because I hired an attorney to hell me through workers compensation
nightmare, I can tell you it was a witch hunt, done behind my back without any recourse to defend myself while I was obviously battling my dis illite of fibromyalgia . Thank you for reviewing this..Michel Milano