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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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An individual recently returned from STD on FMLA and also

Customer Question

An individual recently returned from STD on FMLA and also made a request for an ADA accommodation. The individual returned with some workplace restrictions for a period of time and is still on restriction. Before the employee left on the leave a mid year performance review was about to occur. It was delayed because of the leave. The employee also received a new manager. The individual is also a whistleblower from a few years back. The manager is now micro-managing and appears possible that he/she may be targeting the employee for a bad performance review. No formal evidence of bad performance has been made in writing. It would make sense for the employee to get ahead of the situation. What if any action can be done to prepare for the worst? can the company give a bad performance review?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

A company can give a negative review if they want to. Having used FMLA is not an insulation against negative reviews by an employer. The issue is whether or not the employer can justify the negative review, or it will appear to be retaliation for her having used FMLA.

If the employer can't justify it, then yes it would be a problem for the employer.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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