onwardandupward
Junior Member
What is the name of your state (only U.S. law)? Texas
I was fired 6 weeks into maternity leave and I am covered under FMLA. The reason was for "not having the skill set to do this job". I am a sales person. I had a bad review in April for not making my budget for the year last year. I was told all the company cares about is making the budget and selling and if I Can do that, I will be fine. I was told if I didn't make my budget for a 3 month period from this point on, I could be fired. We have new managers now - I said I understand and proceeded to go back to work and sell. I had the baby on June 6 and took my leave. For Apr-Jun I made my budget. I was just fired. I have never been written up for anything, was given a bonus last year and would have been employed 5 years in September.
They offered me a large severance that I didn't sign (even though they had a check in hand to give me if I signed it right there and then). I contacted a lawyer and he says I shouldn't have been fired while on leave and that he believes he could get more than what they are offering - is that because there is pretext because they are contradicting themselves from April - now? I know tx is an at will state but this does not seem fair - I was also not given a new job description for them to say what new skills I am now required to have under the new management and prove that their reason for firing me is legitimate. I am the only one in the sales department with kids.
My co-worker also did not make her retail budget last year even though she over sold a large retail catalog which "made up for it" according to management..i think they are being biased - I am allowing the lawyer to try and get me more severance but I am worried they could rescind the offer for retaliation because I have a lawyer representing me.What is the name of your state (only U.S. law)?
I was fired 6 weeks into maternity leave and I am covered under FMLA. The reason was for "not having the skill set to do this job". I am a sales person. I had a bad review in April for not making my budget for the year last year. I was told all the company cares about is making the budget and selling and if I Can do that, I will be fine. I was told if I didn't make my budget for a 3 month period from this point on, I could be fired. We have new managers now - I said I understand and proceeded to go back to work and sell. I had the baby on June 6 and took my leave. For Apr-Jun I made my budget. I was just fired. I have never been written up for anything, was given a bonus last year and would have been employed 5 years in September.
They offered me a large severance that I didn't sign (even though they had a check in hand to give me if I signed it right there and then). I contacted a lawyer and he says I shouldn't have been fired while on leave and that he believes he could get more than what they are offering - is that because there is pretext because they are contradicting themselves from April - now? I know tx is an at will state but this does not seem fair - I was also not given a new job description for them to say what new skills I am now required to have under the new management and prove that their reason for firing me is legitimate. I am the only one in the sales department with kids.
My co-worker also did not make her retail budget last year even though she over sold a large retail catalog which "made up for it" according to management..i think they are being biased - I am allowing the lawyer to try and get me more severance but I am worried they could rescind the offer for retaliation because I have a lawyer representing me.What is the name of your state (only U.S. law)?