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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12182
Experience:  JD, MBA
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I have been working at a company for 14 months and was

Customer Question

I have been working at a company for 14 months and was finally able to file for fmla in August (the date of when I started) I have a disability of depression and an anxiety disorder. I missed several days during my first 6 months. I received a verbal warning. After the verbal warning I missed a few more days and made some mistakes (not many) I was given 30 days probation. After receiving the probation I did a steller job, missed very few days (I had 10 days pto and maybe went over 10 hours). During my probation period, someone checked my work and I have very few mistakes. Also, I missed very few days. So, my work improved tremendously. I give credit to my Lord Jesus Christ and my psychiatrist. A few months went by and I was called again to hr and was verbally reprimanded for the same issues I was reprimanded for my written 2nd warning. She also had a print out of my mistake which where made during my first few months. Nothing happened and I promised to continue to do a good job. Days later she called me down again and gave me a written letter of termination. I was not terminated and she never explained this letter that I didn't mean to sign had I known what it was about. I kept telling her I am getting better mentally and my work is definitely on the up. Also, during each time she called me down to hr, she was completely incompassionate and very intimidating. I also caught her in many lies. My supervisor was there at each meeting.
Submitted: 8 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Do you have any specific questions? I just want to make sure that I understand what legal information you are seeking. Thank you.

Expert:  TJ, Esq. replied 8 months ago.

Hello again.

Q: What does this final warning of termination mean? I cannot miss any days or make any mistakes?

A: Yes, I take that final warning to mean that you will be terminated if you miss any work or make any mistakes.

However, you mention discrimination. You may wish to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives that person the right to sue his/her employer for violating the law.

You can file a charge by following the instructions found here: https://www.eeoc.gov/employees/charge.cfm

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)