I believe I was denied medical leave.

[nicbeast]

On May 31, 2007, I was written out of work by my doctor. I notified my employer, and was granted medical leave. Paper work was filled out, insurance payments made. Everything was taken care of. July 10, 2007 I received a letter from the employer stating there had been a reduction in force of one, (me) and backdated the termination to May 31, 2007, essentially denying me the medical leave they had granted. Does this sound fishy to you?

 

[cbg]

Without knowing whether or not you qualified for FMLA, and without knowing the reason they gave for selecting you for the RIF, it's difficult to say.

Why did you wait almost a year before asking the question?

 

[nicbeast]

Without knowing whether or not you qualified for FMLA, and without knowing the reason they gave for selecting you for the RIF, it's difficult to say.

Why did you wait almost a year before asking the question?

I have filed a complaint withe the Fair Housing and Employment agency and they are "working on it". I filed shortly after I got the letter. The advice I was given (from a lawyer) was to go through the agency before contacting a lawyer. I'm starting to question that.

As for being qualified for FMLA, I was qualified and approved.

Their stance is that since the team of 3 planners was reduced by one, they only needed the two assistants as well. Which I understand. They let me go because they thought I worked for the planner that was let go. I didn't. The girl who did work for that planner, was also the last one hired and had little work to do. We tried to find her work to justify her position. (I was the lead and been there the longest, three years, and trained the other two assistants.)

In talking with the Fair Employment agent today, my former employers seem to be focusing on the loss of the planner so they had a need for one less assistant. What no one seems to be taking into consideration is the fact they backdated the termination letter to the day I went out on medical leave, which looks to me like I was denied after they approved it. If they had issue with me as an employee (which they didn't that I know of, at least there is no documentation in my employee file) seems they should have let me go either before the leave or after I came back, but during the leave and a week before I was scheduled to come back? Hinky!

I hope that clarifies.

Thanks!

 

[nicbeast]

I believe I was denied medical leave. UPDATE

I have filed a complaint withe the Fair Housing and Employment agency and they are "working on it". I filed shortly after I got the letter. The advice I was given (from a lawyer) was to go through the agency before contacting a lawyer. I'm starting to question that.

As for being qualified for FMLA, I was qualified and approved.

Their stance is that since the team of 3 planners was reduced by one, they only needed the two assistants as well. Which I understand. They let me go because they thought I worked for the planner that was let go. I didn't. The girl who did work for that planner, was also the last one hired and had little work to do. We tried to find her work to justify her position. (I was the lead and been there the longest, three years, and trained the other two assistants.)

In talking with the Fair Employment agent today, my former employers seem to be focusing on the loss of the planner so they had a need for one less assistant. What no one seems to be taking into consideration is the fact they backdated the termination letter to the day I went out on medical leave, which looks to me like I was denied after they approved it. If they had issue with me as an employee (which they didn't that I know of, at least there is no documentation in my employee file) seems they should have let me go either before the leave or after I came back, but during the leave and a week before I was scheduled to come back? Hinky!

I hope that clarifies.

Thanks!

The fair employment people called me today, and apparently my former employer is asking how much I want. I don't want to ask for too much but on the other hand I don't want to undervalue what I, for lack of a better word, deserve. How do I come up with a number?

 

[cbg]

That's something that you really need to discuss with your own attorney.