QUESTION

What can I do if I was wrongfully terminated and what is my first step?

Asked on Apr 15th, 2014 on Labor and Employment - Wisconsin
More details to this question:
I was a great performing manager with a solid work history. I was terminated in January of 2013. I'm not sure if the statute of limitations is over or not however I thought I would ask. I never attempted to file a case because I spoke to previous attorneys that said my case would be difficult to prove. Here is what happened. I was employed with this company for approx a year when I severed my Achilles tendon. As a result I was on short term disability and FMLA for 11 weeks. Upon my return, my previous team had been disbanded and absorbed by other teams in the company. I was given the worst performers within the company to manage and told I had to improve their performance. These were performers that NO previous managers were able to improve. Five other managers had this task of trying to improve this team and they ALL failed. One manager after another they failed miserably. After the 5 other managers failed, they were all given different teams to manage (great performing teams). The company policy was after 3 months of low performance, you would be put on a performance action plan. At the end of the 3 months, you would be terminated if the team’s performance did not improve. The other managers were all transferred to performing teams after the second month to avoid them being placed on a performance plan. I in turn was terminated. If all of the previous managers failed as well as myself, why was I the only one terminated? I had good attendance and a previous great track record.
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5 ANSWERS

If you spoke to previous attorneys that said my case would be difficult to prove, why are you asking me.
Answered on Apr 23rd, 2014 at 6:16 AM

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You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Apr 21st, 2014 at 3:27 PM

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Bruce A. Coane
Generally, on an EEOC case in Texas, the statute is 300 days. Once 300 days pass, if a person has not filed with the EEOC, then the case is gone forever. Sometimes there may be other laws that apply, but the main law(s) investigated by the EEOC, require complaints to be filed within 300 days if it is a Texas case.
Answered on Apr 16th, 2014 at 1:21 PM

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Workplace Discrimination claims must be filed with the EEOC within 180 days of the action. If you were terminated last January, this time has passed.
Answered on Apr 16th, 2014 at 11:17 AM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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You may be beyond any applicable statute of limitations so immediately contact an attorney.
Answered on Apr 16th, 2014 at 10:21 AM

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