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View Full Version : OK to monitor my performance plan while out on FMLA?


bgalleg0s
Apr 7, 2012, 10:08 AM
I work for a State Agency. I've been there 2 years and have outstanding and measurable performance, but have been - in the last year, year and a half, harassed and bullied for my disability and for defending a co-workder with same. Asked for intermittent FMLA and was granted, but had to update to full time a week ago. I checked my email at work when I put my FLWOP on my timesheet every week, (which I need to do as long as I am out.) I've been out a week now and still struggling. Haven't heard back yet from HR but in the last email I got from them they were just "updating" my intermittent to long-term. I've been calling in daily using a recording service to satisfy the letter of the law. (sometimes my meds don't allow me to wake up in the time frame supervisor asked for.) But, even while I am gone they are still trying to slander and entrap me! I check my work emails still because I am trying to change anything personal going there to home. I then see this email saying I'd been to training march 28th. Long story not short enough: my co-worker had gone in and said I'd been in a training session on the 18th of March between 2-4 MST. It was a training we are edited on and I never received it, although I asked repeatedly. I had mentioned this in my Performance Plan notes. (we all have them in this state, ) Well during that exact time we were doing an office fundraiser, and I can prove it. ALSO during that time I had sent a return email to an attorney to re-schedule our phone conference. I made screen shots of both and put this in my calendar (In terms of a "misunderstanding" of course." I also updated it in my Performance plan the same way, just saying I hadn't received the training and it was a "misunderstanding." I hope this was the best way to handle this? they seem to be trying to insert lies into my record and alter my calendar, etc. while I am gone! I am with you - I hope I never have to go back! But is it ok to cover myself while I am out? I am checking in to my Calendar (attached to my email) and timesheet page to satisfy their rules, not because I want to. They (my employers) seem to be willing to stop at nothing to make me look "unfit" for work, or at least crazy and a liar. I know I need an attorney (but the EEOC says they are acting as mine?) Also, I cannot find one where I live because this is a very small town and no one wants to take on the State.

Fr_Chuck
Apr 7, 2012, 11:11 AM
Any attorney will take on the state, if you write them a check for their service, I would assume you want to find someone to do it at no charge.

Also You did not falsify any work documents, and all you needed to have done was to notify your supervisor in writing of this error.

Next sorry but you need to be careful while 'OFF" of logging into work accounts and doing anything. Perhaps checking email is OK, but be sure to re-read your computer policy before doing that even. Off esp on leave normally means off.

Next why or what medical condition are you off for ?

Next nothing in your posts shows the company is doing anything. Why are they trying to fire you, for what reasons, But EEOC for what, what rights were violated, what protected classification has been violated?

bgalleg0s
Apr 7, 2012, 12:14 PM
Thanks for the answer! I am off for my PTSD being out of control and not in "remission" with medication for the first time in 10 years. The EEOC substantiates that not only I, but a fellow co-worker (our veteran's rep of 5 years who quit) have been discriminated against for our disability - NOT due to work performance issues. Also, EEOC added retaliation for mine because 2 days after I filed for FMLA intermittent leave, I was written up with 2 warnings and threatened with termination. Our computer policy says I may not download or access any sensitive data, (we administer to various social service programs.) I did not access anything like that, as you point out though I am not sure if they can say I am wrong to be updating anything, even though they put a complete lie on my work calendar. I responded only because they can then claim I had a training for one of my duties (I never did) and then perform an "edit" which then shows my performance as lacking. I am worried now because I already noted this discrepancy on my calendar and on my Performance management file. Also, the reason I checked the calender was because when I checked my email it said I had attended when this was clearly fabricated. The state I am in has at least one possible presidential candidate (Utah).. so I am not sure how many lawyers are willing to do anything for this type of case; I've been not rejected, but ignored 2 times when trying to hire one. (Super political state.)

They are trying to fire me for: whistle blowing on discrimination, and 2 for having more hires than anyone in my region in the past 2 years.. (they have come right out and told me I am making them look very bad.) Sounds crazy I know. Should I make things worse by going in and removing my updates? The system is of course monitored closely as it is a security clearance system. I haven't violated any IT or computer/employee codes of conduct though.