My question involves labor and employment law for the state of: MI
After 13 years of service I was fired from my job 1 week into my approved FMLA.
To sum up the important points:
2005: Started working at job and had no issues until 2010. Received good reviews and raises.
2010: Got a new boss and was diagnosed with a chronic illness (ADA recognized disability) that can cause me to be immobile for periods of time. Human resources agreed to allow me to work remotely 2 days a week to allow for physical therapy and medical treatments (that I receive like clock work on Fridays). However, the new boss didn't like it and transferred me to another department. It was technically a demotion in title but not pay so I didn't push the issue. I did well in the new department as well and never had issues.
2011: Not quite a year later, new boss quits (to take care of ill parent in another state) and another one takes over. Newest manager heard of the work I did in the past and asked me to come back to the department. I did and things went great. I was able to keep my same accommodation, work from home 2 days a week, have the same goals, objectives and requirements as my peers. No issues again.
2016: Old boss that transferred me before comes back. I receive an ok review but was not given a raise comparable to my peers. I scheduled a meeting to discuss my concern and he asked me to provide a list of my accomplishments that I felt warranted a raise. I did this several times and he drug his feet and strung me along over into 2017 by asking for more information each time we spoke then delaying a response for weeks.
2017: Early 2017 we were still having the same discussion. Finally he came out and asked when would my accommodation end. I always knew he had an issue with it but my work has been good and now he had nowhere to transfer me to. After having proof of what I always suspected, I wrote my boss an email as a formal complaint. I stated I didn't believe my pay could be impacted because of a disability accommodation and that if the company supported such discrimination that this may not be the place for me. Boss and I had a meeting and he asked if I was resigning, I said no. Boss and HR manager start harassing me. I began receiving threats of write ups that never actually happen and would be questioned about work performance for really small things.
2018: One full year later, I learn I have to do a round of chemo as "boost" to assist my normal medical treatments. I applied for FMLA, was approved and then we received a letter 1 week into FMLA saying that regardless of when my FMLA ends, I am fired on that day. Their reasoning is that my email complaint from the previous year was taken as my resignation and they have now hired someone else.
The Department of Civil Rights has taken my case and we have a hearing next month for disability discrimination and wrongful termination.
After saying all of that, my question pertains to this: when I picked up my personnel file and reviewed the documents, there was an email from my boss to the CEO and HR manager informing them of my complaint and then his exact words were "she has also made clear this is not a resignation". I was not on the email and honestly have no idea how that email was in my file but thank God it was. It was printed from the HR manager's email account so someone made a BIG mistake and I don't think it was meant to be placed in my file. My employer has been fighting my unemployment for weeks by saying I resigned. Their defense to the department of civil rights is also that I quit. But having this email, it's clear all the execs where clear that I was not resigning.
Is this considered libel? I have proof they knew I was not resigning but yet continue to push that as true.
After 13 years of service I was fired from my job 1 week into my approved FMLA.
To sum up the important points:
2005: Started working at job and had no issues until 2010. Received good reviews and raises.
2010: Got a new boss and was diagnosed with a chronic illness (ADA recognized disability) that can cause me to be immobile for periods of time. Human resources agreed to allow me to work remotely 2 days a week to allow for physical therapy and medical treatments (that I receive like clock work on Fridays). However, the new boss didn't like it and transferred me to another department. It was technically a demotion in title but not pay so I didn't push the issue. I did well in the new department as well and never had issues.
2011: Not quite a year later, new boss quits (to take care of ill parent in another state) and another one takes over. Newest manager heard of the work I did in the past and asked me to come back to the department. I did and things went great. I was able to keep my same accommodation, work from home 2 days a week, have the same goals, objectives and requirements as my peers. No issues again.
2016: Old boss that transferred me before comes back. I receive an ok review but was not given a raise comparable to my peers. I scheduled a meeting to discuss my concern and he asked me to provide a list of my accomplishments that I felt warranted a raise. I did this several times and he drug his feet and strung me along over into 2017 by asking for more information each time we spoke then delaying a response for weeks.
2017: Early 2017 we were still having the same discussion. Finally he came out and asked when would my accommodation end. I always knew he had an issue with it but my work has been good and now he had nowhere to transfer me to. After having proof of what I always suspected, I wrote my boss an email as a formal complaint. I stated I didn't believe my pay could be impacted because of a disability accommodation and that if the company supported such discrimination that this may not be the place for me. Boss and I had a meeting and he asked if I was resigning, I said no. Boss and HR manager start harassing me. I began receiving threats of write ups that never actually happen and would be questioned about work performance for really small things.
2018: One full year later, I learn I have to do a round of chemo as "boost" to assist my normal medical treatments. I applied for FMLA, was approved and then we received a letter 1 week into FMLA saying that regardless of when my FMLA ends, I am fired on that day. Their reasoning is that my email complaint from the previous year was taken as my resignation and they have now hired someone else.
The Department of Civil Rights has taken my case and we have a hearing next month for disability discrimination and wrongful termination.
After saying all of that, my question pertains to this: when I picked up my personnel file and reviewed the documents, there was an email from my boss to the CEO and HR manager informing them of my complaint and then his exact words were "she has also made clear this is not a resignation". I was not on the email and honestly have no idea how that email was in my file but thank God it was. It was printed from the HR manager's email account so someone made a BIG mistake and I don't think it was meant to be placed in my file. My employer has been fighting my unemployment for weeks by saying I resigned. Their defense to the department of civil rights is also that I quit. But having this email, it's clear all the execs where clear that I was not resigning.
Is this considered libel? I have proof they knew I was not resigning but yet continue to push that as true.
Getting Fired: Retaliation After Being Fired Because of Disability
Aucun commentaire:
Enregistrer un commentaire