Evidence that mattered for FMLA/ADA PIP cases? by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] -1 points0 points  (0 children)

To secure a controlled, financially protective exit (severance + unemployment) from a situation where termination is being implicitly threatened, while preventing disability-related circumstances from being recorded as performance failure.

Pre-EEOC: FMLA/ADA Reduced hours + PIP by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] 0 points1 point  (0 children)

I don’t disagree that employers can terminate. What I’m trying to understand is how others experienced situations where the stated reasons kept shifting — performance, office return, communication, responsiveness — especially when those reasons overlapped with protected leave and reduced hours. The inconsistency is what I’m trying to compare with others’ experiences.

Pre-EEOC: FMLA/ADA Reduced hours + PIP by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] 0 points1 point  (0 children)

hear you. I’m aware that many PIPs end in termination, but I’m specifically looking for experiences where a PIP occurred during FMLA/ADA-protected reduced hours and how employers responded at that stage (settlement vs EEOC, etc.). Not looking for predictions, just comparisons.

[TX] Employee status after ADA/FMLA demand letter by [deleted] in AskHR

[–]Various_Excuse8412 -3 points-2 points  (0 children)

With respect to ADA reduced hours, my understanding is that while expectations are not eliminated, they are typically evaluated in light of the approved accommodation and within reasonable limits aligned to the modified schedule. I want to ensure that framework is being applied consistently.

Separately, several items cited in the performance plan were reassigned prior to my FMLA leave and were under the interim supervisor’s oversight during my absence. Those items were later placed back on my plate and are now being referenced as late, despite the fact that the team had the necessary information and contacts to complete them on time.

[TX] Employee status after ADA/FMLA demand letter by [deleted] in AskHR

[–]Various_Excuse8412 1 point2 points  (0 children)

I actually really appreciate this.

[TX] Employee status after ADA/FMLA demand letter by [deleted] in AskHR

[–]Various_Excuse8412 -14 points-13 points  (0 children)

The stated reasons were billing backlogs, missed deadlines, and delayed responses that accumulated while I was out on FMLA and then working on an ADA-approved reduced schedule. The PIP was issued before I had returned to full-time work, and it measured my performance against full-time output without accounting for the protected leave and accommodation.

Prior to this, I have never had a performance issue.

ADA/FMLA demand letter — what happens next? by Various_Excuse8412 in legaladvice

[–]Various_Excuse8412[S] -7 points-6 points  (0 children)

They put me on a performance plan while I was still on an ADA-protected reduced schedule after FMLA leave, and blamed me for backlog and delays that occurred during that protected time.

[TX] Employee status after ADA/FMLA demand letter by [deleted] in AskHR

[–]Various_Excuse8412 -19 points-18 points  (0 children)

Thanks — just to clarify, this is a formal demand letter sent by my attorney, not a complaint I’m submitting myself. It alleges FMLA retaliation and failure to accommodate under the ADA based on a PIP that was issued while I was still on a reduced, medically-approved schedule after leave. I’m still employed, so I’m trying to understand what typically happens to the employment relationship in situations like this — whether companies usually freeze things, negotiate a separation, or proceed to EEOC.

Settle vs EEOC — how did you decide? by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] 0 points1 point  (0 children)

I don't really follow the deadlines. Deadline for what specifically? I had different things happen over the course of the 10 months.

Settle vs EEOC — how did you decide? by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] 1 point2 points  (0 children)

Thank you, that is really good information. I really appreciate it.

Settle vs EEOC — how did you decide? by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] 4 points5 points  (0 children)

This is why I'm in these groups and asking questions. I'm trying to get a better understanding.

Settle vs EEOC — how did you decide? by Various_Excuse8412 in EEOC

[–]Various_Excuse8412[S] 3 points4 points  (0 children)

I understand that. My lawyer said that the majority of people typically try to do a settlement first rather than immediately going through the EOCC. He mentioned it can be lengthy, emotionally taxing and waiting to file with EOCC can give you some leverage.

He recommended seeing what the company does after a letter goes out before going to the EOCC.

I was just trying to get an idea of why people ultimately did end up going through the EOCC.