Wrongful termination questions

[Futurecomm]

What is the name of your state? Illinois

I used to work for what I thought was a neighborly insurance company but no longer believe so…

From Nov. 2nd, 2004 until Jan. 23rd, 2005 I was on medical leave for depression. This was covered under FMLA between my doctors and the medical area of the company (my manager was aware of it as well). On the 24th of Jan. 2005 (the most depressing day of the year per British doctors), I was release to return to work by my main doctor, via a written note medical at work required for my return (anyone gone for more than 5 consecutive days is required by the company rules). When I arrived at work, my employee badge would not work so I went to the security office. They called my manager and had me wait for him. When we arrived we went straight to the H.R. area which I felt was a little strange. Within 15 minutes I was told I was being fired due to “poor job performance”.

Since then I have been trying to acquire unemployment benefits but have been turned down twice due to “not making enough in the quarter”. (I received my 2nd note yesterday in the mail). I am going to try and take in some paperwork from my doctor to see if my four and one half years of working for the company can be counted and not just one quarter.

If anyone has any advice on if I have a legal case against my past employer and any advice on dealing with the Illinois Unemployment office would be greatly appreciated.

Thank You,

Futurecomm

 

[Beth3]

Whether your employer acted unlawfully depends upon why they terminated your employment. If it was truly for poor performance and they would have taken this action despite your FMLA leave, it's legal. The timing on their part certainly is poor however. If, on the other hand, poor performance is a pretext and the real reason you were terminated is because you took FMLA leave and/or because you have a disability as defined in the ADA, then they acted unlawfully. You may wish to discuss your situation with an employment law attorney.

Since then I have been trying to acquire unemployment benefits but have been turned down twice due to “not making enough in the quarter”. (I received my 2nd note yesterday in the mail). I am going to try and take in some paperwork from my doctor to see if my four and one half years of working for the company can be counted and not just one quarter. Don't bother taking them any notes from your doctor. Anything he or you feel on the matter is completely irrelevant as this is a cut-and-dried matter of your State's UC laws. If you don't have enough earnings in the period of time prior to your making a UC claim to qualifiy for benefits, then that's the end of it. Short of getting your State legislature to pass a law changing the manner in which eligibility for UC benefits is computed, there is nothing you (or your doctor) can do about this.

 

[Futurecomm]

reply...

Illinois:

Out of the 12-16 employees, internal and external (I was an internal) I was in the upper middle range for performance. The company uses a 9-grid matrix to determine your pay increase/performance: the flaw, as we employees saw with this system, is that only a certain amount of the high's and low's can be awarded. I.E: if you have 4 outstanding employees and 5 very poor ones, only a couple can be awarded high and only a couple can be awarded as low, therefore, several are getting screwed/awarded despite their actual performance, good or bad. I believe I was let go due to my medical condition more so than their reasoning but don't know if I can prove it.

Thank You,

Futurecomm

 

[Beth3]

What you're describing is a "forced distribution" performance plan and yes, it does have a major flaw in it. That's not illegal though.

If you believe you were terminated because you took FMLA leave and/or because you have a disability, I suggest you see an employment law attorney asap.

 

[Futurecomm]

replying...

Do you happen to know if there is a time limit on how soon to legally act or is there a time limit?

Thank You,

Futurecomm

PS: I like your bottom line reply . Very true!!

 

[Beth3]

That varies but for discrimination laws typically it's either 180 days or 300 days, depending on the State. The FMLA has a two year statute of limitations to file a complaint.

 

[Futurecomm]

Thank you

Beth3, thank you very much for the information and timeliness; it is VERY appreciated

I don't suppose you can recommend any good attorneys in my area can you?

Thank You,

Futurecomm

 

[Beth3]

Sorry, I can't. Plus it would be against the rules of the Board to do so.
You can try the "find a lawyer" search feature at this site, as well as contact your local Bar Association and ask for referrals to attorneys in your area who specialize in employment law.

 

[pattytx]

Did the notice you received regarding "not enough wages" to receive UI benefits include the quarters and wages they had on their system? Here is some information regarding how the determination is made:
http://www.ides.state.il.us/individual/pubs/summary2.asp#benefits

The fact that you worked for the company for over 4 years previous to this absence will not be considered by the IDES. However, if your only nonpaid time over the last 5 quarters was this most recent absence, all other things considered, you should have plenty of wages to qualify for some benefits.

Review the notice they sent you and compare it to your pay records. It's possible that an error has been made in reporting your wages. If you find a discrepancy, call the IDES and get their advice on what you need to do next.