QUESTION
Can I be Terminated for Low productivity While on approved FMLA?
Asked on Nov 18th, 2014 on Labor and Employment - North Carolina
More details to this question:
I have been with my company for 9 years and I always received awards and complements for my performance at work. I recently got diagnosed with 2 chronic health problems that required me being on intermittent FMLA approved by the company and certified by my doctor. I am still physically feat to do perform my duties but the intermittent absence (for treatment and episode of illness) caused me to have low recorded production/hour. I wok less days so it is normal that my production shows lower compare to others! I recently got terminated for "bad performance and low production" . I currently don't have neither job nor health insurance. Discontinuing my treatments is having an effect on my health problem. What should I do? Did this company do the right thing?
1 ANSWER
4 Awards
Yes, you can be terminated for good reason, bad reason or no reason at all. The issue is: can you file a legal claim for wrongful firing if you are terminated? In this situation, you may be able to show a violation of the FMLA. Terminating you while you were on FMLA is not, by itself, a violation. However, if you can show that the reason for the termination (i.e. bad performance and low production) were caused by your FMLA, then you may be able to bring a claim against the employer for violation of the FMLA.
Answered on Nov 18th, 2014 at 2:48 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.