Wrongful termination

[shaggy123]

What is the name of your state? Connecticut

I was terminated three weeks after returning from medical leave and FMLA.

I agreed to "resign" with a letter of recommendation because I didn't want any bad marks on my employment history. However, after my departure, I never received the letter of recommendation. I have the "involuntary resignation" paperwork that was given to me (proof of firing?)

Instead, what's happening is that my employer is giving poor references and I have been unable to obtain employment anywhere.

Prior to my medical leave, I received raises, great reviews, and a promotion. I believe that its clear that I was fired for taking the medical leave.

Since I did sign a resignation letter, am I out of luck with "wrongful termination"?

 

[Beth3]

1. What reason did your employer give you for your termination?

2. Did you receive any consideration (i.e. severance pay or similar) in exchange for resigning?

3. Did you sign a waiver of your legal rights (i.e. agree not to bring any claims or lawsuits)?

4. Do you know for a fact that your employer is giving you a poor reference or are you just making that assumption?

5. Do you know what is being said about you when your former employer is contacted for a reference?

 

[shaggy123]

1. They never gave a reason. It was "known" that they weren't happy that I took a leave and I was handed the "involuntary resignation" paperwork. I offered to resign with a letter of recommendation. This is the only thing I signed

2. I was paid one month salary after the "resignation" along with full medical benefits

3. I did not sign anything (waivers etc)

4. I do know for a fact that they are giving the poor reference. It came from a reliable source within the industry (the person calling for the reference is a friend of the person that told me)

5. The employer is saying that I am nuts (I took a brief short term disability for depression)

 

[shaggy123]

Actually, I think the biggest thing is the "wrongful termination". Slander and gossip are hard to prove but I can use it for leverage

 

[Beth3]

1. You may be able to make a claim/file suit for a wrongful discharge and violation of the FMLA. I strongly suggest you consult with an employment law attorney on this.

2. At least you got something.

3. Then your company was very foolish but that's their problem. You are free to pursue any legal claims against them you may have.

4/5. Talk to an attorney about this too. Giving you a poor reference is not unlawful if that is their honest opinion. If they actually told another employer that you are "nuts" you may have a legitimate claim for slander.

I agree that the FMLA wrongful term claim may be the strongest and least complicated to prove but you certainly may be able to use the "nuts" comments for some significant legal leverage. Good luck.