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What is the name of your state (only U.S. law)? PA

i will try to keep it short. i feel i was wrongfully terminated. my job requires 98% quality and 125 production on average daily. i have exceeded the production goals every week by 50 to 100 more than required. as for the quality, i was around 96-97%. now, everyone else has never met the 98% quality for the last 15 years. i feel that my boss did not like me at all and this is the reason for my letting go. i have dates and times when the harrassment began to a point that everyone in the company knew that my boss was doing this. they even witnessed it. i have and now, former co-workers follow me home, find personal information on the internet and then harrass me with that information. my mom died and my boss gave me a hard time cause i had to take off work to go to the funeral (even though the company gave you 4 days off for this) i had one day mom took an ambulance to the hospital and called me to tell me so, and my boss yelled at me because I took a personal phone call at work. then 5 mins later whe was on a personal phone call for 1 hour. i always got the feeling that it was a 'do as i say not as a do' kind of thing with my boss. i was told by HR that they will not fight unemployment cause they feel that the reason i was let go was because of job performance. would i have any other case? should i pursue legal action for the harrassment or humilation or bullying?

now last week my company laid 20 employees off and the big guns of the company said that is it. noone else will be let go**************how can they lie to us since me and 2 other people were let go after that? now here is a wrench i will throw in there too..i was on intermitant fmla also. boy the stress of that alone did not help with my job and the way the boss treated me.

now i just figured this one out. when i applied for FMLA and was told i was approved, i did question them for the approval letter and i never got one. do i contact the DOL on that? also, it is strange that after i applied and was approved.....all of a sudden is when they started saying that i was not performing my job up to their standards.....never had a problem before that. was also told by HR that i was the first ever to have applied for intermittent fmla. but did find out later that there was another employee who was taking intermittent fmla and eventually after 4 months was terminated for poor job performance.
 
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Beth3

Senior Member
i was told by HR that they will not fight unemployment cause they feel that the reason i was let go was because of job performance. would i have any other case? should i pursue legal action for the harrassment or humilation or bullying? No, no, and no. You weren't being harassed in the legal meaning of that term and humiliation and bullying aren't against the law.

now last week my company laid 20 employees off and the big guns of the company said that is it. noone else will be let go**************how can they lie to us since me and 2 other people were let go after that? They clearly meant no one else would be laid off as a result of business being slow, at least for the forseeable future and based on the information they had at that point in time. That wasn't a guarantee that no one would be terminated for performance or misconduct.

If you feel the real reason you were terminated was because you took FMLA, then you may file a complaint with the federal Department of Labor.
 

Beth3

Senior Member
also, how long does my former employer have to get me my personal stuff from my desk?
There is no time line specified in any law. If you have personal items still at work, contact HR and make arrangements to collect them or have them send the items to you.
 
Thank you Beth3. I am waiting on a rep from DOL to call me back regarding my termination while on FMLA. I did though receive a call from some friends at work indicating that my former boss was packing up my personal belongings and was found to have contacted a few people to come over and look over my personal stuff and talk about it, joke about it and so forth. would i be able to do anything about that? i know it might sound petty, but that is humilating and not fair that they treat me this way.
 

Beth3

Senior Member
Thank you Beth3. I am waiting on a rep from DOL to call me back regarding my termination while on FMLA. I did though receive a call from some friends at work indicating that my former boss was packing up my personal belongings and was found to have contacted a few people to come over and look over my personal stuff and talk about it, joke about it and so forth. would i be able to do anything about that? i know it might sound petty, but that is humilating and not fair that they treat me this way.
Your boss being a jerk is not illegal.
 
i was looking at the termination letter my former employer gave me and none of the dates match up with my records. they indicated that i was placed on probation on 12/5 when it was 9/22. can i question them on that? or should i just let that be and let the DOL handle it with my complaint?

also, do i have a right to obtain copies of my personnel file from my former employer?
 
i did mention that in the original top post. it was evident that all of a sudden my work performance became an issue when i requested FMLA. never had a problem with performance before that. even got a raise and so forth cause my work was ok. now i request fmla and now my work is an issue. also the stalking issue really bothers me. when someone stalks you outside of work (my fault i should have called the police, but figured work would handle it and it appears it backfired on me)

i was looking at the termination letter my former employer gave me and none of the dates match up with my records. they indicated that i was placed on probation on 12/5 when it was 9/22. can i question them on that? or should i just let that be and let the DOL handle it with my complaint?

also, do i have a right to obtain copies of my personnel file from my former employer?



time line:
hired 10/2006
given full resp of job by 2/2007
raise effective 10/2007
applied for fmla 9/4/08
approved verbally but never in writing on 9/17/08
then work performance became an issue on 9/23/08
(only used 12 hours of fmla from 10/1/08-12/31/08)
then increase of time taking off for fmla starting 1/2/09, total taken by 2/6/09 - 18 hours
requested more time and then next week terminated********************************************************......to me it is obvious that they did not want to deal with me taking time off. they did indicate it would be easier if i took all 12 weeks at one time!
 
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would this also apply to my case?

2) Public Disclosure of Private Facts:
A plaintiff can establish a cause of action by showing that:
(1) the defendant publicized a private matter about the plaintiff; (2) the publicity
would be "highly offensive" to a reasonable person; (3) the matter is not of
legitimate public concern; and (4) disclosure proximately caused damage to plaintiff
and injured plaintiff's feelings. Restatement (Second) of Torts Sect. 652D (1977).
In order to be actionable, the publicity must involve communication to the public at
large, or to so many individuals that the matter is substantially certain to become one of
public knowledge. Rogers at 870.
Defenses: Waiver, consent, and showing that the disclosed information was of
legitimate general interest. The absolute and qualified privileges used as defenses in
defamation cases may also be used here.


(this would be based on the auditor who printed personal information about me and my family outside of work and came in and started talking about it to other people, harrassing me with this and ended up stalking me at home)
 
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