In the middle of a Termination Process

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In the middle of a Termination Process

Post  bwaltz on Fri Jul 03, 2009 1:45 pm

I live in Indiana and work at a State University.

Last year I went on FMLA due to going on dialysis. This is an intermittant leave and I do miss work from time to time. Normally this comes to a day to a day and a half per month for checkups. I do regular dialysis at home during the night. Last year my manager seemed to relax my work related tasks so that I could settle back into the position after being in the hospital for over a month and having my whole life change. We even discussed this. As always, no deadlines were defined and tasks were assined that really are not of priority. Next year(this year) at the annual review I was slammed for job performance and unprofessional behavior. Every point was exaggerated or made to look like one thing as opposed to another. Recently I recieved two warning letter based on this. These letters were considered a review of the annual review that took place 3 month ago. These letter also kick off a termination process. I have a meeting with my manager and her boss at the end of July to see if anything has changed for the better. After that I can be terminated based on their decisions. Is there anything I can do to protect myself?

I have kept documentation, such as emails, that shows that certain claims she is making are being exaggerated. Also, one of the items she has complained the most about is one of my major job duties which is documentation. I had put down that I didn't work on any tasks related to that duty, because the job description describes this very specifically to related to user training(my manager wrote it that way). I was not assigned such duties and haven't been assigned much in this way for years. It always goes to someone else. She slammed me for it claiming it meant more than that. This is in contradiction to the written definition of this duty for my position. It also contradicts past reviews where this was not an issue.

Another item she mentioned in the letter has to do with not meeting deadlines. There haven't been any deadlines until recently, around the time she wrote the letter. The first of such deadlines I said I had doubts I could achive. I was correct. There were no adverse business effect from not meeting it, this was an artificial deadline. It was put there to give validity to the letter, I suspect. The next deadline I was able to meet. There have been no others.

I can, with certainty, say that I am being treated differently from the others. One of my associates even said, "It seems she always has to have someone to pick on." When she went on FMLA she went through similar problems with this manager.

These kinds of action give me the impression of things being trumped up so that it looks like I am not doing my job.

The boss of my manager has basically washed her hands of the whole thing saying she put my manager in that position and trusts she is doing everything correctly. So there is no recourse there. Also, I have found that she is very good friends with a person in HR, so even though I checked with HR, I found no recourse there either.

I would like any input as to what I should do to protect myself? Thanks ahead of time for any meaningful input.

bwaltz

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Re: In the middle of a Termination Process

Post  JoeC (McGruff) on Sat Jul 04, 2009 3:51 am

Talk to an employment attorney besides FML the state of Indiana has a disability law that defines disability broader than the ADA:




IC 22-9-1-3 Defined (r) "Disabled" or "disability" means the physical or mental condition of a person that constitutes a substantial disability. In reference to employment, under this chapter, "disabled or disability" also means the physical or mental condition of a person that constitutes a substantial disability unrelated to the person's ability to engage in a particular occupation.



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Re: In the middle of a Termination Process

Post  JoeC (McGruff) on Sun Jul 05, 2009 11:57 pm

I just read the reply you got from the masked idiot on that sham site. That is a stupid answer "work it out with your boss"??? Hmm maybe the chicken can cut a good deal with colonel Sanders to. Nope talk to an attorney and start documenting every thing. Stay away from those sham sites.
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