Legal Question in Employment Law in Georgia

Write up for poor performance prior to a FMLA medical leave

I recently returned to work after a 4 week FMLA leave during which I had brain surgery due to a condition which had very debilitating symptoms. In the month prior to my leave, even though I missed very little work, because I was ill my performance was not what it should have been. However I did not know that my lethargy, memory loss and inability to concentrate was due to my condition. Two weeks before my leave, my boss and I sat down and discussed my performance. I told him I wasn't well and was trying very hard to find the cause of my symptoms. They seemed very concerned and were relieved with me when I was diagnosed and could be treated.

Today I was given a formal write up dated February 16th documenting how my symptoms affected my work and demanding immediate improvement. Of course that won't be an issue as I feel great, however I am dismayed at the two month old write up and the fact that of course they have vast documentation of my illness and the causes as I was on disability and FMLA leave.

Can they use a previous illness against me, knowing that caused my poor performance? This is a part of my permanent record and I really feel betrayed by their lack of integrity. And I fear they may use it against me later.


Asked on 4/28/07, 6:57 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Write up for poor performance prior to a FMLA medical leave

From what you posted, it looks like the review is accurate, and that is the problem you have with it. An employer is entitled to have an employee who can perform the duties of the job, and a careful employer will be diligent in documenting the issues. I am not sure why you see this as a lack of integrity.

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Answered on 4/29/07, 7:27 am


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