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FMLA violation?

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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)?
 


cyjeff

Senior Member
I would listen to your attorney.

From what you have said, your former employer is on VERY shaky ground... UNLESS you don't qualify for FMLA.

How are you sure you qualify?
 

onwardandupward

Junior Member
I do qualify - I filled out all the required paperwork before I left all about FMLA..they have over 100+ employees in the office I worked in and was almost there for 5 years.

I also found out in a very terse e-mail from my manger's manager that I was getting fired (The HR manager forwarded it to me by mistake) I thought it was weird them calling me in the office while on leave anyway (didn't think they were supposed to) and on a Friday afternoon (they always fire on fridays at the end of the day). Thanks to the accidental e-mail I saved myself the humiliation of being fired at the office, they agreed to meet me elsewhere.

I'm letting my lawyer handle it now, he believes we can get more based on what's happened so far. I just hope we can come to a severance agreement, I would like to avoid a trial if possible. If I know this company, they will do whatever they have to so they can avoid a lawsuit and tarnishing their image.
 

ecmst12

Senior Member
The law does not say you can't be fired while on leave. It says you can't be fired BECAUSE you took leave. If you would have been fired if you hadn't taken leave, you can be fired while you are on leave too.
 

Betty

Senior Member
Agree, the question becomes would you have been fired had you not taken FMLA leave.

Let your lawyer handle it.
 

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