Was this retialiation?

I filed a complaint about unfair practices at my work place. The director is the person who was the focus of my claim. After this claim my division director met with me and did a investigation. My director however started checking everything I did and find fault in everything. My division director claims she was not told who filed the claim. I was out having surgery and she didn't send payment for tuition which is a company policy. I call out sick and was late and was informed to call my director when I was late or absence. This meeting there was no forms or write-ups given so I didn't think it was a serious issue. I was out sick due to a surgery and the director sent my fmla papers late I believe purposely but when I returned from fmla I was terminated two weeks later because I was sick related to my surgery. The director was out of office in washington before I got sick. I was told I was terminated because her cellphone is always on. I believe this is retialiation for my claim and they just need to get me on something. I was employed by this company for 4years and I never recieved a write-up from this director and know I am terminated for a phone call. I did notify the office I was out sick so it is not a no call no show. I just got a mutual seperation agreement paper to sign offering money. I am a supervisor by the way! This agreement states that I can't sue. I am concern that I have a case and this is hush money. Am I correct
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Answers (2)

Harold Mark Goldner

Harold Mark Goldner

Contributor Level 4
You haven't posted enough information for me to be certain, but it sounds like with 4 years of service, if your employer had 50 or more employees within a 75 mile radius, you qualified for FMLA leave. This means that your job is held for up to 12 weeks of leave, following which, provided you are able to return to work without limitations, you are permitted to return to work to your prior position as if nothing had happened.

If you were persecuted because you took leave, this is a violation of the law. However, if you continued to miss time because you were not really ready to return to work, this could be problematic for you.

It would be best for you to have the entire matter reviewed by an employment lawyer --- without missing details, so that you could find out what your real rights are at this point.
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May Mon Post

May Mon Post

Contributor Level 3
I agree with Mr. Goldner, and I want to add that usually a separation agreement/severance offer is contingent upon the execution of a release agreement waiving all rights to sue. Such release documents are valid and binding, except in extreme cases of fraudulent conduct or undue duress. If you feel that your employment had been terminated in retaliation, please do talk to an employment attorney before you sign any agreement. Also, you might want to have an attorney review the separation agreement before you sign it. Good luck with everything.
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