Is this legal? Do I need to hire legal help?: my name is Tiffany Russo. I work for Chase Card Services and have been there about 3 years and 7 months.I work in collections, where my performance is measured by metrics like peer‑to‑peer ratio, which depends on being present.During my last review period, I took approved FMLA leave. When I received my performance review, I was told my actual performance was ‘fair,’ but I didn’t meet expectations because attendance is a major factor and I wasn’t there.The time I missed was due to my FMLA leave, and it doesn’t seem like my performance metrics were adjusted to account for that.I’m concerned they used my protected leave against me. I’d like to know if this could be an FMLA violation and whether I may have a case.”
Josh’s answer: Although I can’t comment on the specifics of your case without reviewing all the facts, speaking generally, an employer cannot use your FMLA leave against you. I strongly suggest you consult with an experienced employment lawyer. Many of us will provide a free consultation.
I need an attorney to negotiate a better severance package for me.:
Here are my legal reasons.
1. Failure to Accommodate (ADA) & Failure to Engage in the Interactive Process
2. Retaliation After Injury / Protected Activity
3. Unequal Enforcement of Policies / Disparate Treatment
4. Retaliatory Termination Disguised as Restructuring
I’ve called several law offices and haven’t heard back from any.
Josh’s answer: Many of the attorneys on this list would be happy to help and many offer a free consultation. Keep trying.
Is there a law regarding severance pkg due to position elimination?: I worked for a large insurance company for 10 years. Let go due to "restructuring" & " position being eliminated". They offered me 1 month salary and medical insurance. I do not feel that is appropriate for time I've worked there. What would be a fair severance pkg for someone with my time. I have never had any problems there. Also, currently have ADA accommodation due to a medical condition. I need to work from home, but it does NOT affect my job performance in any way. Thank you!
Josh’s answer: There is no law requiring severance to be paid. The only way to get severance is if your company has a policy, if you have a agreement with the company to pay you severance on your separation, or if they voluntarily offer it to you in exchange for a release of claims, which is what is happening here. As they are not required to give you any specific amount, no matter how long you’ve worked or how well you’ve done, the best way to get more in a situation like yours is to suggest to the company that if they don’t pay you more, you will not sign and assert legal claims against them. Of course, if you counter their offer you could lose it all. As your question suggests the possibility of a disability discrimination claim, you may be able to get more money, but I can’t give you an opinion without consulting with you and reviewing all the facts. I suggest you contact one of the experienced employment lawyers on this list, as many of us will provide a free consultation.