Wrongful termination | My Employment Lawyer

Wrongful termination

I worked as a director for large services company and reported directly to the CEO. The business year of 2002 and 2003 was very successful for my department, and I was awarded as “The best PS director of the year”, which led to a promising career path discussion. When time came to pay my commission, my CEO manipulated the numbers (And I have a proof for his deceiving acts) and did everything to lower my commission. The situation triggered a long dispute that got me into a severe health situation. In many cases (Which I documented) I got threats from my CEO that if I'll not give up, I'll find myself out of the company. In one case I admitted to ER with a severe anxiety attack and my physician prescribed me an immediate medical leave due to high stress. I notify my CEO and HR Director about the leave and my CEO demanded that I’d present a proof, which I did by a certified letter with the original medical leave note and explanation. Two days after I was discharged from work on a basis that since I didn’t fill out a Leave Form, I basically volunteered to resign. The company policy and Employee Handbook clearly states that such form could be filled when the employee return to work.
I think that I was discriminated on the following issues:
a) Wrongful termination.
b) Inadequately commission pay 2003
c) 2002 commission was not paid.
d) Hostile work environment (Base on threat emails)
e) Since career path discussion had been made to promote me as the next CEO, my termination caused potential earning damages.
Please help me to understand how to pursue these issues, and what my options are.
Sincerely.

1 answer  |  asked Oct 8, 2004 4:09 PM [EST]  |  applies to California

Answers (1)

George Allen
FMLA

Your question raises serious legal issues, including your right to take time off work for medical reasons. There are many technical issues in determining protection under FMLA (and other laws). I suggest that you consult an experienced employment attorney in your area. You may want to check the member listing at www.celaweb.org or visit www.nela.org to locate an attorney.

posted by George Allen  |  Oct 8, 2004 4:30 PM [EST]

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