Legal Question in Employment Law in Ohio

I was fired, 96 hours after employer knew I needed FMLA leave for illness. And I'd be in hospital for 8 weeks. They claimed policy violation. Their claim was bogus as the exact same situation had occurred to me twice prior, and there was not violation of policy either previous instance. I decided after 2 months in hospital not to take legal action... as I wanted to stay positive, focus on health (I was very close to dying)...and I just wrote HR detailing the situation and demanded them change my reason of separation and not fight my unemployment claim. I was fired 2 days after getting out of ICU when my boss set up a conference call when she knew I couldn't speak to defend myself (she visited me the day prior) and fired me right then... I threatened to put my entire situation on social media.

They immediately offered my job back (I'm assuming they were scared I'd su) with apologies and assurances of fairness. The boss had been trying to get rid of me because the company had lost 40% value in 2 years, labor was out of control and I was the highest paid.

I've been picked on and treated unfairly since returning and have recently been told by a couple co workers, that several employees were approached before I ever returned to work, asked to watch me, take note of any and everything I did...and report it to HR.

And also there is still inconsistent discipline and following of company policy as I have documented everything since returning and employees breaking policy, and no action taken.

Do I have grounds to claim hostile work environment, discrimination, or retaliation?

I don't want a court case but I am uncomfortable working there and want a severance package. They do not want my story getting out on social media. They are founded upon culture and team member happiness. They boast about it and making the world a better place.

How can I go about getting a severance I deserve without "extortion"

Thank You


Asked on 4/25/17, 9:14 pm

1 Answer from Attorneys
John Sauter Cloppert, Latanick, Sauter & Washburn

It's best to let an attorney handle this delicate issue for you. An employment law attorney will be able to properly evaluate what rights and remedies you may have based upon the initial termination, and would be able to assess whether you could bring a hostile work environment claim. If your goal is to end your employment, receive a compensation package, and move onward, the attorney you hire could receive his or her compensation through a portion of the compensation package that you receive. Often, the attorney will pay for himself or herself through a significantly greater compensation package that you would have received if you decided to do this yourself. At the very least, do consult with an attorney (often attorneys will charge a reasonable flat fee for a consultation or limited legal services agreement) to determine how to best proceed. It is apparent that your situation is very fact-dense, and therefore, I am unable to offer specific feedback based upon your current situation without knowing additional details, but I would welcome the opportunity to do so should you like to proceed.

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Answered on 4/26/17, 6:52 am


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