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I was not performing according to my manager reviews. I was…

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I was not performing according...
I was not performing according to my manager reviews. I was struggling with a medical condition which affected my work. But thought I could plow through it like a trooper. When I was asked to resign due to my poor performance beginning November. I said I would think about it and scheduled a follow up meeting during which I’d mentioned I needed to take care of my medical condition with a 6 wk recovery. I couldn’t get a surgery date until January 4th.
They ignored that and gave me 2 options. Resign with end date of 12/1 (with 2 months health benefits) or performance plan due 12/11.I resigned under pressure because I felt I couldn’t deliver under the PIP. Now I feel I should have pushed for them to keep me until I recovered. Do I have any options right now?
Submitted: 4 months ago.Category: Employment Law
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Answered in 13 minutes by:
11/28/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,317
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, here is what the law says about medical issues. First, to ask for reasonable accommodation, you must have a permanent disability that impairs a major life function. If you do have a permanent disability that impairs a major life function, THEN your employer had to be made aware of that PRIOR to you getting into trouble for performance issues and you had to ask for accommodation at that time.

Second, even under the Family and Medical Leave Act, the employer is not discriminating against an employee if the employer did not know about the medical condition and that you needed time off PRIOR to seeking to discipline you for poor performance. You said that you were called into a meeting and asked to resign and then at a FOLLOW UP meeting you told them about your medical condition, which would not make this a violation of FMLA either I am afraid. Had you told them before they scheduled the termination meeting about your poor performance, you would have been able to go out on medical leave and they would not be able to fire you under FMLA.

It is just your timing on this is what has caused you to not be able to at least avail yourself of some protection under FMLA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,317
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Experience: 20+ Years of Employment Law Experience

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