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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1285
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have received my annual performance review on May 1, 2012

Customer Question

I have received my annual performance review on May 1, 2012 before i left to take care of my terminally ill father and return to the States on June 22 and return to work on June 23. on July 31 I received disciplinary action for poor performance stated the same issue that appear on my performance review which stated" need improvement/ coaching counseling". Since June 23 until July 31 I have not received any coaching counseling or guideline on how to perform to my work standard or what is expected of my performance. How should I fight this?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
Yes I do. As a department head in 5 star resort, I only have 2 chances in regard to documentation before the terminate my employment. I believe my documtation is pre matual and base on incorrect information. The new boss has no knowledge in my filed and only be with the department for 4 weeks.
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear about your father's health and this disciplinary action against you.

When you went to take care of your father, were you on FMLA-protected leave? Do you suspect that this disciplinary action was in any way retaliation for you taking such leave?

I very much look forward to assisting you regarding this matter.