Terminated After Fmla Request Due To Performance

Location: PA.

I was employed in a role responsible for handling medical record requests across an organization operating more than 25 programs in three states, in addition to other job responsibilities. Throughout my employment, I raised concerns to management, including my supervisor’s predecessor, that I was unable to keep up with the volume of requests, particularly given the federal 30-day requirement for fulfilling requests. I had a backlog of requests exceeding this timeframe and had asked for additional support, but no meaningful assistance was provided.

An incident occurred in which a patient’s record request was inadvertently overlooked, resulting in a complaint to a state oversight agency. The agency ultimately cited the specific program, not me individually, for the delay.

Approximately one week after this incident, my supervisor began closely scrutinizing my work and increasing oversight. Shortly after this began, I emailed my supervisor explaining that I had been experiencing personal and medical issues affecting my performance and noted that previously scheduled check-ins (which may have been an opportunity to discuss these issues) had been canceled for 2 months consecutively. But before I sent this email, I had emailed HR to begin the process for FMLA - I did initialize the process, I was given the paperwork to begin.

The next day after I sent this email, which was a Thursday, I took one personal day due to a medical issue and then that Friday I had a pre-scheduled PTO day. When I returned to work the following Monday, I was placed on a 30-day PIP.

Within approximately three days of being placed on the PIP:

* Additional requirements were introduced that were not part of the original PIP

* I was asked to complete tasks that were unusually detailed and time-consuming (e.g., tracking minute-by-minute activity, such as the time when I would begin to type info into a spreadsheet and the time when I stopped)

* I requested clarification regarding expectations and asked to meet with my supervisor via a Teams meeting, but this request was denied

I then sent an email to my supervisor (copying HR) expressing concern that:

* I was being set up to fail due to changing expectations outside the scope of the PIP

* The PIP did not appear to be a genuine opportunity to improve

* The timing of the PIP, shortly after my FMLA inquiry, raised concerns about possible retaliation

The following morning, I was called into a meeting with my supervisor and HR and was terminated. I was given the option to resign or be terminated and make a decision by EOD; I chose involuntary resignation, of course. They did not offer me severance and declined ot pay me out my residual PTO. But what's even more interesting to me was that the HR rep had attempted to coerce me into voluntarily resigning by telling me if I did, I'd qualify for unemployment. This is absolutely wrong in PA...

Given all this info, should I consult an attorney??