Asked Hr For Fmla Paperwork Friday, Let Go Monday
Location: Pennsylvania
This is for a full time position in an office setting.
Since September, I have had a planned surgery that would take me out of work for a month on FMLA and STD for December that I specifically held till December to cause the least amount of issue for work. This surgery isn't anything elective, I need it for quality of life in a medical sense for a condition I have been very open about since I interviewed. I communicated this to my manager and HR the second the surgery was scheduled. I hadn't reached my 1 year until mid October so I was advised to reach back out after that anniversary and closer to surgery to start the paperwork. So first Friday of November I shot an email out to HR wanting to start the paperwork not expecting a response until Monday due to the fact their HR was part time and had the auto message they were out till Monday.
Walk in Monday morning to my manager waiting for me to let me go because of "performance". For context I had a coworker quit about a month ago that caused the manager to start the hiring process again. I fear she just decided it would be easier to hire 2 people at once than deal with me and my planned timed off / medical issues. I was given nothing in writing
The performance reasons she stated were about my previous performance reviews. Only one of which was in writing, the mid year review. I have submitted in writing and explained to her directly that there are moments in time due to the medical condition in which I need additional help. It was never stated that not improving performance would result in any disciplinary measures or termination, and I was also not given any resources to improve on what she wanted me to.
I was unable to collect any evidence as I wasn't even given the chance to sit at my desk and was locked out of my email immediately. I have multiple co-workers that can attest to this manager's questionable choices when it comes to employees leaving. The coworker above gave her 2 weeks but manager chose to make her use vacation time instead of serving the 2 weeks and being paid out for vacation time.
I'm put in a terrible position with surgery now less than a month away knowing no one is going to hire me with less than 4 weeks of work with needing 4 weeks off immediately. Not to mention the holidays and that I was the breadwinner of the household.
Do I have a case for wrongful termination? I know PA is an at will state but it's just not sitting well with me how everything went down and the timeline that it did.
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