Discrimination - What To Do
I have worked for this company for almost 6 years. For the first four years my annual reviews were exemplary. I was the perfect employee. Then I fractured my back in 2 places, was in the hospital and had vertoboplasty performed. I was off work all total approximately 2 months. I returned to work part-time at first and gradually worked up to full days. I had in the past always worked 12 and 14 hour days and continued to do so. My other absences from work were not excessive at all. When review time came around, I was totally blindsided. My boss only discussed the amount of time I had missed work, nothing about performance, etc. The office administrator was also in on my review. I believe she poisoned my boss against me because she was mad that I was off work causing her to come in at 7:30am every morning by herself. I always felt like she thought I was off by choice, not because of my disability. After my review, my boss made the comment to a co-worker that he felt bad about blindsiding me the way he did. My boss thinks the office administrator hung the moon! She has her bluff in on him. I received a raise even though my review was awful. I did attach a letter of disagreement to my review for my file.
The following year in May, I fractured my back again; was put in the hospital for a week and then sent home with morphine and bed rest. I was off work this time a month and once again went back at part time. I couldn't take the morphine because of side effects, so my doctor tried different forms of pain medication. I worked many times in severe pain and my boss and the administrator were well aware of this.
Issue #2 Certain employees of the company were offered stock in the company but I was not one of them. I met all the criteria other than the fact of my absenteeism being high due to my back.
Issue #3 Also, one of our offices located in another city, but where the President of the Company works, is giving anniversary bonuses in 5 year increments to their employees. Our office was not. I asked about this and was told to start doing this in our office, but it was not going to be retroactive. The President labeled me a troublemaker because I questioned this procedure and said he was afraid I was going to poison other employees. He suggested terminating me to my boss.
To make a long story short, one of my co-workers told my boss that I had said I was going to sue the company over the anniversary bonus. I did not say this. My stress level was at an all time high and my back begin to bother me again. At my doctors request and suggestion, I took a LOA of a little over a month. Upon returning to work I learned I was to be terminated. My boss and the administrator called me in and again raked me over the coals for being off work too much. I apologized and explained I had no choice. They have now offered me a severance package of 3 months salary, 3 months of paying my health insurance, no contest of unemployment claims, in exchange for a sign off that I won't sue them.
The one factor I have not mentioned is there is also an employee who has missed as much if not more time than me, has never been called in about it, is still given rave reviews, comes and goes as she pleases and is allowed to make up any and all of her time missed. Her absences are due to her Mothers death almost 2 years ago. She takes off to take the dog to the vet, to go to her personal trainer, etc. She is also the head honchos (my boss) child's godmother. I don't know whether to sign the termination agreement, take what they offer and leave, or turn it down and see if they up the ante.
I have copies of everything. I have kept a perfect paper trail and they are well aware of this.
I believe due to my health problems they are wanting to get rid of me. My boss asked me in this last meeting what my health outlook is and to guarantee that I would not miss work again. I told him I could not do that. That he was asking me to predict the future and that was impossible.
Please offer advice.
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12-30-2005, 01:16 AM
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