Legal Question in Medical Leave in Massachusetts

While on FMLA, told either to resign or will be terminated at end of FMLA

In Jan., Performan appraisal "exceeds requirements." In April, received company Team award. In June, placed on probation based on complaints that I was "too demanding, dictatorial, and burned people out." There are not complaints or other derogatory info in my employee file. Manager said job performance was not an issue. Conditions of probation were team projects and attending a Team building seminar. While on probation, I an emergency required me to take FMLA leave. Before I left, and after FMLA was approved, manager said I met all his written conditions for probation, but that I missed the "spirit" of probation which was to inspire loyalty of fellow workers. I was told that I had a choice between resigning and receiving severance, or if I returned, my probation would be continued another 30 days and then I would be terminated. While on leave, my employer called and said "mistakes and errors had been found in my department." I now have a choice between resigning by Nov. 7 (the end of the FMLA period), and receiving 3 months severance; or, if I did not resign, I will be terminated "for cause" on that date and receive no serverance. The "for cause" reasons cited by my employer are all new charges never mentioned any where previously, are easily refuted by documentation in my possession, and in any case, have never been used to terminate anyone in the past. Is this choice offered by my company legal?

1 Answer from Attorneys

Related Questions & Answers

More Family Medical Leave Act questions and answers in Massachusetts

Looking for something else?