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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110466
Experience:  20+ Years of Employment Law Experience
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My daughter went through personal crisis and tried to commit

Customer Question

My daughter went through personal crisis and tried to commit suicide. This was at the time when my manager restructured our team giving me a higher level of influence and responsibility. As my daughter's situation grew and she attempted a second suicide it became clear my need to take leave. My manager did not offer assistance or information on the FMLA and instead insisted that I travel without any relief of responsibilities. It created incredible emotional distress causing me to fail in delivering on my responsibilities. I now am facing a PIP and my shortfalls were puplicly pointed out in a meeting with my team and key stakeholders from our corporate office. I was humiliated which now I am experiencing aniexty and stress to the point that going to work causes panick attacks. I reached out to HR which during my call explaining my concerns with the disrespect which clearly is a violation of our code of conduct he informs me of the plan to put me on a pip. I am a 53year old hispanic female with documented ADHD diagnosi. Employees in my industry for 24yrs 15 of those with my current employers with no negative annual reviews. How do I protect myself and get out out of the negative toxic enironment that is afftecting my health and family.
Submitted: 12 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you qualify for FMLA (50+ employees and you have been employed 12 continuous months working at least 1250 hours, they must give FMLA). The FMLA can be unpaid. If they refused to grant you FMLA, then you must file a complaint with the US Department of Labor, as they handle FMLA violations, which is what you are describing.
If the employer is retaliating against you for needing leave which they know should qualify under FMLA, this is a separate violation which you can actually sue the employer over for damages. The employer cannot retaliate against an employee with a PIP for seeking to take leave needed for an event that qualifies for leave under FMLA (care for a sick child, even an adult child, qualifies).
So, first, file your complaint with the US DOL. If that does not resolve the issue and stop the PIP, then you need a local employment attorney to represent you and pursue a suit against the employer for retaliation and other violations of the FMLA.
Customer: replied 12 days ago.
Does it sound like I have a case? What damages can be awarded.
Customer: replied 12 days ago.
I am an account manager and work for PepsiCo
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your reply.
Yes, it sounds as though you have a claim. It is impossible even for clients who come to our offices, for attorneys to estimate value of a case until they see all of the evidence and the actual harm done. These cases have such a wide discrepancy in awards from $0 to well over the $100,000 amount and that cannot be determined until the attorney gets into the evidence and sees the actual damage you suffered.
Customer: replied 12 days ago.
I am 11/2 yr to maximize my pension would an attorney be able to negotiate a case for constructive dismissal where the company can bridge me to retirement and provide a serverance package to allow me to recover and find employment
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your reply.
It is not likely they will be able to negotiate an 11 1/2 year severance package, that is unrealistic I am afraid. Again, until the attorney gets all of the evidence it is impossible to know and anything I tell you about value of your claim would be a mere guess not based on any actual facts other than the limited facts you provided and as such would not be very accurate.
Customer: replied 12 days ago.
I apologize I did not mean that to imply an 11 year severance package. In a year an half I will be 55 and my pension jumps significantly which is the only reason I am trying to withstand the toxic environment. Otherwise I would seek other employment. However it's getting worse. Therefore I would seek to leave and ask for a 1 year severance and that my pension is treated as if I parted company at age 55. Allowing me 1 year to recover mentally and replace my income.
Customer: replied 12 days ago.
Also can you recommend an attorney in my area?
Expert:  Law Educator, Esq. replied 12 days ago.
Thank you for your reply.
Generally, a 1 year severance is reserved only for high level executives. Typically 3 months is about the maximum for all other severances.
At this point, I would be seeking redress for violation of your rights first and leave the severance issue out until you get the FMLA matter and retaliation settled.
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