I have worked for my company for going on 15 years. I am a mid to top performer. My performance results are based on my employees results, and over the years I've taken great pride in developing people to move up in the company. As a result I tend to lose top performers a lot, and this has sometimes impacted my scores, making me a middle performer, which I've been ok with for the trade off of development.
We recently had a reorganization at work and we're told we would be ranked to determine who would be released as surplus and the ranking would be based on annual performance reviews, experience and "leadership abilities."
My annual review have always met or exceeded, I'm one of the longest and most successful in title, having developed several of my peers to title, and my "leadership abilities" have always been marked as exceeding.
I was one of 5 of my team of peers that was surplused. One of my peers who was affected is ready for retirement, but I find it very upsetting to notice all of the other 4, including myself, are the four of us who have used FMLA in th last year or two.
It is definitely not legal to base decisions on FMLA use. That is clearly prohibited by the FMLA and case law. Your employer's actions seem very suspect. Do not sign any release if offered a severance. Talk to a lawyer first.
-Alex J. Higgins
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