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Wrongful Termination - Statute Question

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JohnErick

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

Hello. I have posted on this subject before, but have new information. This is a case where my employer allowed CFRA leave to adversely contribute to my termination.

Since I filed and interviewed with FEHA, more information has come up. One being that during a month I was using intermittent leave, another employee was out as well. We were both on final warning for performance issues. When she left one week into May 2010 she was failing in another area of performance and would have been fired. She was out on FMLA protected leave for stress. While she was gone, I had the same thing happen, but I was using intermittent leave to care for my domestic partner. Somehow my employer allowed CFRA to contribute to my termination by allowing it to alter my performance stats. I was terminated. When the other employee returned 2 weeks after my termination, they threw out her stats because she was on protected FMLA leave and didnt have an entire month to "make up her" deficiency. Of course, using intermittent leave, I didnt have a full month to do that either. IS this something else I should notify FEHA about? It was not on the original complaint.

Also, I just received my employee file today, in the mail. My ex-employer opted to copy and mail it to me instead of letting me view it. There are things missing in it, such as my termination paperwork, and the signed CFRA leave forms I had to turn in bi-weekly. But anyway, back in 2009, I was surprised to be written up for attendance. I knew I had sick days, but not enough to be put on a final warning. I requested and received printouts of all of my CFRA request days from the company that handles my employer's leave requests for them. My suspicion was correct - on August 10, 2009 they added an approved CFRA day to the list of unexcused days that resulted in this write up a month and a half later. I protested to the manager in charge the day I was asked to sign the paper that it wasn't right, but she never checked into it. She was covering for my manager, who was on leave for something else.... whether or not this carried over into my final warning status in 2010, is this something I need to bring to FEHA's attention also? Does the 1 year statute for this particular thing run from August 10, 2009 to August 10, 2010?

Will the complaint with FEHA need to be amended in this case or can they accept new information anyway??

FEHA is closed and I just got this file in the mail. I would like to know asap what to do. I will call them in the morning, but the time tonight will give me a chance to look through the rest of the file. It appears everything is NOT not in here... Thanks for any input. :confused:
 
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