• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Set Up For DischargeNY

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

HBny

Guest
:confused: What is the name of your state? NY
I was out on FMLA due to incapacitation from an MVA requring surgery. Upon my reinstatement my supervisor alerted me of some changes. She and two coworkers had gone to visit my accounts and some prospective accounts.I was told my major account was being taken away from me and i was not doing a good job etc.I notoiced while I was out my job was in the NY Times.So later that day i was fired and handed a check for one week vacation and two weeks resigantion.I filed for unemployment and was denied and a hearing was held.The findings were i was not guilty of misconduct and i was fired for poor prformance.The question of have here is. Is the takeing of a major account full restortion of my job? Is this a negitive job action?Since it was already decided i was to be replaced was this a premediated decesion as i never recieved a job warning prior to my return to work nor did my supervisor alret me of the ad for my job as she testified she has always done in the past? Do i have legal recourse.I am physically and mentally disabeled and have been for several years.
Thank You
HB
 


cbg

I'm a Northern Girl
They cannot take an adverse action against you BECAUSE you took FMLA. However, if, while you are on FMLA, they discover that your job performance has been lacking, they CAN take action about that. NOTE: Nothing in the law requires them to give you advance warnings.
 
H

HBny

Guest
Restoring to Same Job

Ny The question i have here is having a major account taken away considered restored to same job. capacity etc.
 

Beth3

Senior Member
Maybe, maybe not. It depends on factors we aren't able to assess here.

As cbg stated, if they took accounts away and fired you when you returned from FMLA because they discovered your job performance was poor, that is legal. The FMLA doesn't provide protections against actions your employer would have been taken in spite of your leave.
 
H

HBny

Guest
if iwasnt on leave they would have never had the opportunity to go behind my back and to decive the acconts as to who would get credit for the purchases
 

Beth3

Senior Member
It's not uncommon that when an employee is out of the office - whether on vacation, leave, personal time, business travel, etc. - that that's when the performance problems come to light, as someone else (the boss or a co-worker) has taken over job responsibilities in the interim and discovers things aren't as they should be.

That occuring does not make this a violation of the FMLA.

If you want to call that "going behind your back" and "deceiving your accounts," that's up to you but if your employer has used their best judgement and concluded your work performance wasn't acceptable, that's their call to make.
 
H

HBny

Guest
I see your point here. I was tired of working for this guy after 14 years. I suppose if buisness were good none of this would have happened.Any way thanks for the info i at least have the automobile lawsuit that put me on FMLA and in the operating room and I am fortunate enough to have been able to collect SSDI> So i guess ill move to my place in Florida and file a charge for Disability Discrimination with the EEOC and will see if there has been any violation .BUt this company is so tuff they will never give me a severance.
 
H

HBny

Guest
You are missing a long 14 year history of spinal problems with 11 surgeies ,a car accident and another surgery coupled with the garment center in NY ,working for a counterfieting thief you should pay severence to long term employee.He can fire me thats okay but tit is the fashion ,in which things are done as well as who is the finder of facts and how they are presented.So i know as well as everybody else in my old company i was set up due to my problems buts thats ok.I just would like a severence.This company has paid them in the past.Its a preety low blow to perform an avaluation on an employee while they are on an operating table and then tell them they have resigned ,fight the unemployment and lose in court. So i know im disabeled and ill play the same underhanded trick as these guys and maybe force a severence. it is the correct thing to do for a long term ,honest ,productive employee.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top