Is this a Wrongful Termination Case? Or Retaliation Case?

May 2010 - Was assigned to a new Manager, within 1st week he gave me verbal warning for attendance based on "his" approval policy (which, after a week of working with him, was never given "his" attendance approval policy)
July 2010 - applied for FMLA to continue caring for sick mother and to receive my own treatments for depression
Late July 2010 - was given "Final Written Warning" for attendance 'violations' on dates he was notified of but supposedly "never approved". FMLA case came back as denied because he indirectly stated that I was on track to hit my quota and I had nothing to worry about. So i never filed the paperwork. After he gave me written warning, I had paperwork completed and was granted FMLA.
August 2010 - Opened internal discrimination case against him and HR Generalist for treating me differently based on the fact that I am a woman, and was using FMLA (Previously used FMLA in 2009 and was given quota relief along with numerous other things that i did NOT receive this time). Discrimination was based on several factors, including several other team members were "violating" his attendance policy; and, they were never "warned" in any way. (Keep in mind I had over 40 hours of Personal Business Time available at the time he gave me warning, but, he stated that because he never "approved" me using those hours, that I was in violation)
December 28, 2010 - I returned to work and was told to find a desk and do nothing until Feb 2011 because it was end of our fiscal year and I had to wait for a set of new accounts.
Jan 2011 - HR Generalist met with me to tell me that my discrimination case was denied based on information he obtained from my manager. Did not request the discriminating documentation I had archived for the case. Just asked my manager whether what I stated was true, Manager denied , so the Discrimination case was closed based on no concrete evidence.
Mid Jan 2011- Manager met with me to tell me I am still on a Final Written Warning for attendance and that in February, when i receive new accounts, I will be on a Performance Improvement Plan for my attainments. Keep in mind, while on FMLA, I was not granted any quota relief for the time I was out of the office taking care of my mother and myself, so my performance did indeed decline.
Jan 24th 2011 - Terminated for "Attendance Violation" because I was away from my desk for 45min in the morning of Thursday Jan 20th from 8:10am to 8:49am. Keep in mind, he had given me nothing to do for the entire month, and all other team members are sometimes gone longer that to get coffee in the morning. In the attendance warning i receied while on FMLA, it stated only being absent from work or tardy to work, it did not mention being "away" from desk. Also my expectations were never set that i couldn't leave my desk for any amount of time since my return to work.
February 2011 - Denied unemployment because I was termintated "at will"?
Do i have a case?

0 answers  |  asked Mar 13, 2011 12:21 PM [EST]  |  applies to Tennessee

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