Thank you for contacting our JA team for guidance.
What state are you in? What processess and procedures have not been following by your employer?
Hi, I'm in North Carolina
Follow up on Performance Improvement Plan - second and third reviews not conducted and immediate manager was using PIP as mid-year review and was told by HR that he could not do that as it is separate. In performance review has been completed by manager but not mutually reviewed..
I see. The employer is treading on dangerous ground if it plans to lay you off during your FMLA leave or upon your return. It legally can be done, but raises the spector of discrimination or retaliation.
Since your employer has not followed its own procedures, this is also evidence that you may be getting singled out because have exercised your rights under the FMLA.
It is advisable to speak to an employment law attorney in your area while you are on leave to make certain your right are vigorously protected. Lawyers.com provides a large database. Look for one that offers a free consultation, represents employees, and takes contingency fee cases.
Good luck to you!
Lawyer
Recognized for excellence in labor & employment law by ABA/BNA. 12 years experience.