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Thread: Is it against the law to terminate a 20 year employee for taking FMLA? Ohio

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    Default Is it against the law to terminate a 20 year employee for taking FMLA? Ohio

    Is it against the law to terminate a 20 year employee for taking FMLA? Some history. I took the legal 90 days of the FMLA to care for my sick wife and newborn child. When I returned to work everything changed. I was forced to do work that is not on my list of jobs, I was purposely embarrassed and harassed by second level supervisors orders by the top supervisor. I was removed from all over time pay which was documented and repeated by my direct boss when I returned the supervisor ordered me to not give you any over time and or any favors because you took the FMLA.


    This case with to arbitration. The corporate attorney who in my 20 years never flew into town to over see any arbitration case took me to the side and asked me what do I need to do to make this go away as I am not agreeing with the local HR managers decision to use this tactic, it was wrong and we can come to some kind of agreement to get this over with. I said I will discuss with the attorney and let you know.

    Furthermore I had filed a major case that was accepted by the dept of labor and the case manager called to get details and told me that she has 4 current discrimination cases all from this same company please explain in detail what happened. When I did she said she has the authority to call for a shut down of this facility until these cases are looked into and discussed. She told me this is a very simple discrimination case on taking the FMLA and using the wrongful tactic of sending a letter to your PO knowing beforehand you were not going to get your mail that day. I also had a 2 million dollar lawsuit in hand with a labor attorney, had interviews set up with 3 major news channels and my wife spoke directly to the CEO of the company about this case of which he said we are going to fix this mess and get it fixed right. We don’t need this kind of publicity because we are in the middle of a merger right now and he will not tolerate this kind of behavior from any HR manager.

    The corporate attorney asked me in the hallway, do you have more then the labor departments filings that we do know of and I answer yes, a multi million dollar lawsuit from discrimination and wrongful termination is in the works and my wife and I have 3 scheduled broadcast to discuss this matter on network channels in the 3 major cities this company has locations. He said lets please do inside and discuss how to fix this.

    Once inside he asked the typical questions. Are you of sound mind etc. I said yes. He said we believe we can offer a settlement in this case, are you interested in a settlement? I said yes.

    We can first apologize for this mix up of communications between you and the local HR manager. Here is what I have to offer.

    1. As of today you will go directly back on the seniority list and go right back to the job that you were doing before this happened with no loss of time and back pay for the time you were not working. ( admittance of wrongful termination I believe )

    2. We understand you have a physician and a counselor with you today. Are you willing to discuss with us who they are and what practice they are in? I said yes. One is a psychiatrist and the other is a psychiatric counselor. He asked if this case has anything to do with this ordeal. I responded by saying yes. That I had been wrongfully fired at the time of my wife’s having a major illness after child birth of our daughter with this pressure and the wrongful termination and loss of income the pressure caused me to have a nervous breakdown.

    3. He asked if they would be available to speak under oath and I said yes.

    4. He said he received information that I had applied for Social Security disability and have I done so? I answered yes.

    5. He stated that as of today we will be adding your back onto the seniority list and provide you with sick pay until the Social Security Administration determines you disability. I said OK.

    6. He stated once they make a decision either way here is what we will do. If you are not disabled you will return to work in the same capacity with back pay. If you are determined to be disabled then we will ask that you see our corporate Physician to get his evaluation and therefore if you are disabled you will become a retired disabled employee and will receive the current benefits according to our contract on how disability and retirement work.

    7. The most important question he asked. What else do you want us to do to make this settlement work? I stated the obvious. I want disability retirement had I worked until age 65 and the credit given for 46 years of service and payment for those years and I want health care for me, my wife and my child as we have it now. At this time it was free, no cost to all employees and all retirees. He said yes, we can agree to that. Remember it was free healthcare for all three of us at this time.

    8. He then stated do you fully understand that if you make this agreement that you will be signing a document that ends all labor disputes, all current lawsuits in mind, all media discussions etc as pertaining to this case. Would you be willing to do this? I said yes as long as I get my retirement and the health care I asked for. He stated that neither party can change this argument with the written consent of both parties. Do you understand? I said yes.

    9. Documents were signed waiting on Social Security to make a determination.


    So I recently sent registered letters to the CEO, the current HR manager, the HC provider, corporate offices etc stating they have breached the contract and I am asking for someone to fix this by stopping the funds from being taken out and refund the 87,000.00 I have paid up to date for health care that was agree with be covered years before.

    I received a letter only stating it never said it was free and all retirees pay. Time of agreement all retirees were getting free healthcare.


    Coming up in a few years I will be losing another 900.00 per month as I will fall off of retiree disability. Therefore leaving my wife with no savings, poor healthcare ( no dental and no vision for retirees now which they had at the time of the agreement ) and well over 100,000 paid to them through my monthly deposit for healthcare that was suppose to be free as it was at the time of the agreement being signed.

    Doing my homework and reading I am finding out this agreement was breached by this company. Our agreement stated it could not be changed without both parties consent and signing. It was changed by them without my consent or signing of this contract agreement. I am finding they were in full violation of many labor laws and violation of discrimination for taking the family leave act. they are also fully responsible for my mental health issues, issues with my wife not getting proper care when they terminated me and we had no health care. I believe the many years of suffering both mentally and financially caused by their initial wrongful termination and then charging me for healthcare that was to be provided for free when the agreement was signed has caused us so much harm over the years.



    I believe they breached their agreement and therefore opening me up to file a lawsuit for not only the wrongfully termination which was proven by the corporate attorneys own words but by them putting me back on the seniority list proves wrongful termination. This also opens up the discrimination lawsuit for taking the FMLA time off. Which also opens up for the complete cause of my nervous breakdown and years of medications, therapy, depression, anxiety caused by them. Add in the financial mess they caused me and my family over the years.



    I am asking for advice on what to do next. Any and all help would be greatly appreciated.
    Thank you.
    Last edited by Mark1959; 07-25-2017 at 08:32 PM.

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    It is illegal to terminate any qualified employee for taking FMLA.

    That being said, your post is WAY too long. Cut it down by about two thirds and I may be able to get through it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Quote Originally Posted by cbg View Post
    It is illegal to terminate any qualified employee for taking FMLA.

    That being said, your post is WAY too long. Cut it down by about two thirds and I may be able to get through it.
    Sorry I did not want to leave out important facts.

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    I did read the whole thing. What I would do is condense it or at least change it to a dated timeline. Then take the whole thing along with your agreement and paperwork to a lawyer in your area. You need to see what the consequences are for them breaking the agreement. Only a lawyer who can review everything can give you a good opinion.

    That said, yes you had them at FMLA/retaliation.

    It may be very hard to hold any of the prior employees accountable if they are no longer employees, but you should be able to hold the current employees/employer accountable to fulfill the agreement/settlement of at least coverage for you for free (unless it somehow just stated you would have the SAME coverage as all other retired employees -- and many employers ARE starting to charge retirees). However, if their retiree coverage doesn't cover dependents at all, then they could drop her at the time that you moved from regular employee health coverage to retiree coverage, but she should have been offered COBRA, I think (cbg correct me if I am wrong?)

    That being said, I am sorry that their negligence has caused so many issues. I hate to hear HR departments/employers that allow this type of situation to happen.

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    Quote Originally Posted by cbg View Post
    It is illegal to terminate any qualified employee for taking FMLA.

    That being said, your post is WAY too long. Cut it down by about two thirds and I may be able to get through it.

    I condensed it down and will post the cut out part below so facts are shown.

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    Condensed the original post and cut and pasted into this area for more details and facts showing.
    Thank you.

    Notes in the personal file between the supervisor and second line supervisors was for them to watch every move I made, any phone calls, any conversations be reported to him directly. Weeks later the HR manager and the supervisor sent an illegal letter to my PO Box knowing I would not check my mail within a one day period stating that you have 24 hours from the time the letter was placed into the mail box to respond to his letter or I will have voluntarily quit. I did not pick up the mail as I needed to go directly home to continue to care for my wife and newborn child. They knew this because I was set up and asked by a second supervisor the day before do you go straight home or do you stop at the gym etc. Total set up to see if I would check my PO Box. I was called and asked to return my door fob and that I by volunteered to have quit I cannot come onto the property and my personal belongings in my desk would be given to the union President.

    Weeks went by and no sick pay was paid at all. Called local HR manager and he said until you get the determination by SS we hard waiting on them to provide information. Had nothing to do with agreement.

    We had drained my 401k over the multiple months paying for doctors visits of both my wife and child as well as house payment, utilities etc.

    I ordered the HR manager in a registered letter to send me both of full and complete medical records from the in house doctors office and the seniority list showing that I am the most senior person in my job line and back on the list Both were sent to me. Issue is, they took out major parts of the medical information. I had a previous copy 60 days earlier and they purposely omitted any discussion I had with the company doctor about the constant harassment by the supervisor and my direct supervisor along with second line supervisors.

    A second line supervisor gave me copies of my entire personal records showing me notes being passed back and forth between supervisor and staff regarding watching over me, reporting anything to him and for me to not be allowed any privileges whatsoever. He told me this was wrong and he had nothing to do with it.

    Social Security determined me to be fully disabled after several months. At this time we were drained of savings, 401k and on the verge of losing our home. It took 60 days after that to get payment from SS and to get this company to make retirement payments. We fell behind on our house payment and were forced to file Chapter 13 bankruptcy to save our house.

    In this we lose all of our vehicles as well.

    Our credit was not shot after having an 805 FICO score. With no income for nearly a year and draining our savings this caused us more then just my mental health issues but put undue strain on my wife who was still ill from having our child.

    It took 4 years to recover. Then in 2006 this company sent me a letter stating they would be taking 980.00 out of my retirement pay out to pay for health care for me, my wife and our child. I called and they said this is for all retirees. I told the HR manager that no, I have a written and signed contract agreement and one of the provisions was that you provide me with health care as agreed at no cost because at the time it had no cost. I was told by the HR manager there is no separation of retirees even if you had such an agreement. I read to him the contract stating I would drop all labor disputes, all lawsuits etc in trade for retirement and health care which was free at the time the agreement was signed. Other retirees did not have this agreement, I did for wrongful termination and discrimination. HR manager stated the previous HR manager is no longer employed here and what agreements you had back then are no longer valid since all retirees must pay for health care. I said no, then you breached our contract and agreement that was between the company and I, nothing to do with the other retirees.

    After years of suffering from poor credit due to bankruptcy, financial distress of them wrongfully taking 980.00 per month out of my already slim retirement I decided to keep calling hoping to get someone who would read the agreement and change this mistake. Only to get promises they would look into it with no return calls.


    I also believe the possibility of holding the HR manager and the supervisor who behind the scenes set this entire wrongful firing lined up and had second line supervisors watch me, listen to all conversations, write down everything I did etc. accountable as well. When I returned to work after the FMLA time off the HR manager called me into his office to tell me that your job is important and by you taking the time off caused us dear issues with replacements to do your work. He stated there is no reason why someone should take 90 days FMLA to care for a family member when other family members and medical people can do that. He told me I needed to put my priorities straight by realizing your job comes first. I disagreed with him and told him no sir, my family comes first and in 20 years of employment there are absolutely no records of any issue of my employment here. He agreed and stated but, taking the FMLA was wrong and I should put the company first knowing they were not prepared for my 90 days off. I explained 3 people are trained to do my job even when I am on vacation. He asked me to leave his office.

    I believe it is time to take action because I believe my wife and child deserve better. This company stole my savings, my 401k and my credit for doing what they did. Even after recovering from the bankruptcy they caused they turned around a few years later and started taking 980.00 per month out of my monthly retirement again putting us into a financial mess and costing us now over 100,000 in health care cost. I believe if the supervisor and my direct supervisor along with several under supervisors as well as several other hourly employees who witnessed the complete harassment and humiliation would be called and put under oath the damages they caused would be easily brought out.

    They now have dropped my child form having healthcare. Saying she did not provide them with the proper paperwork to continue the health care. When asked I was told retirees children are not covered by our plan once they reached the age of 18. Researching all non retirees under the current law get coverage for any child under the age of 26. Yet more discrimination. Therefore current working employees kids get coverage without college while retirees kids do not. Age discrimination?

    I now I have suffered enough, financially, mentally and spent time in a psychiatric hospital because my entire family has suffered enough. We lost our home because of them, we lost my 401k retirement money, we lost vehicles and have not been able to provide the same kind of home etc for my family as I did before they wrongful termination. Our credit suffered for years, paying higher interest because of their wrongful termination.

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    Quote Originally Posted by hr for me View Post
    I did read the whole thing. What I would do is condense it or at least change it to a dated timeline. Then take the whole thing along with your agreement and paperwork to a lawyer in your area. You need to see what the consequences are for them breaking the agreement. Only a lawyer who can review everything can give you a good opinion.

    That said, yes you had them at FMLA/retaliation.

    It may be very hard to hold any of the prior employees accountable if they are no longer employees, but you should be able to hold the current employees/employer accountable to fulfill the agreement/settlement of at least coverage for you for free (unless it somehow just stated you would have the SAME coverage as all other retired employees -- and many employers ARE starting to charge retirees). However, if their retiree coverage doesn't cover dependents at all, then they could drop her at the time that you moved from regular employee health coverage to retiree coverage, but she should have been offered COBRA, I think (cbg correct me if I am wrong?)

    That being said, I am sorry that their negligence has caused so many issues. I hate to hear HR departments/employers that allow this type of situation to happen.
    Thank you. I am no longer in Ohio so would I need an Ohio attorney or can I speak to an attorney in my current state?

    Do you agree once the corporate attorney ordered the HR manager to put me back on the seniority list that he agreed it was wrongful termination?

    What I meant about prior employees is if this case goes to court they could be issues a subpoena to testify under oath to prove the wrongdoing.

    At the time of the agreement all retirees received free healthcare. Eight year later they changed that and started charging me even knowing I had an agreement signed when it was free to all retirees and current employees.

    Questions please:

    1. Do you agree I have a case of not only retaliation but for damages and for them to refund the nearly 100,000 they have taken from my retirement fund?

    2. Do you agree they not only violated the FMLA by retaliation of wrongful firing but for damages they caused me and my family for both the mental and financial issues they caused in doing so?


    How to I research which attorney would be able to handle this case? Since I am not in the original state of Ohio.

    Thank you very much for your time and post. I appreciate it.

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    Quote Originally Posted by hr for me View Post

    It may be very hard to hold any of the prior employees accountable if they are no longer employees, but you should be able to hold the current employees/employer accountable to fulfill the agreement/settlement of at least coverage for you for free (unless it somehow just stated you would have the SAME coverage as all other retired employees -- and many employers ARE starting to charge retirees). However, if their retiree coverage doesn't cover dependents at all, then they could drop her at the time that you moved from regular employee health coverage to retiree coverage, but she should have been offered COBRA, I think (cbg correct me if I am wrong?)
    It stated I would receive health care which at the current time was free for all retirees. There answer back to my letter was I am a regular retiree and they all pay now. I believe my agreement for dropping all of my lawsuits and disputes were given up for the retirement and free health care.

    Current employee dependents get coverage until they are 26 years old. ACA.
    Current retirees dont have dependents under 26 and if they do the HR department told me she has to go to college and they will provide her healthcare. So they decided the dependent must attend college or no coverage. I believe this is a violation of the current ACA.

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    If you have a signed agreement that settled all the issues, than that is the only thing that matters. If I read your posts correctly, it has been 8 years since your termination. After 8 years, you wouldn't go back to litigate the original issues.

    If there is a signed agreement, it probably stipulates that the company doesn't admit any wrongdoings. Also what is said during negotiations (lawyer saying you would be put back on the seniority list) can't be used as an admission of guilt.

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    Quote Originally Posted by HRinMA View Post
    If you have a signed agreement that settled all the issues, than that is the only thing that matters. If I read your posts correctly, it has been 8 years since your termination. After 8 years, you wouldn't go back to litigate the original issues.

    If there is a signed agreement, it probably stipulates that the company doesn't admit any wrongdoings. Also what is said during negotiations (lawyer saying you would be put back on the seniority list) can't be used as an admission of guilt.
    Agreement states you will become a retiree if you become disabled through SS and be evaluated by our doctor. There argument is it did not say the word "free". It was free at the time of the agreement, therefore does the time of the agreement being it was free when signed matter?

    If they breached the contract no matter how many years couldnt I go back to the original issues because neither of us could change the agreement, but they did change it.

    Thank you

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    If this happened 8 years ago it's FAR too late to do anything about it now.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Quote Originally Posted by Mark1959 View Post
    Agreement states you will become a retiree if you become disabled through SS and be evaluated by our doctor. There argument is it did not say the word "free". It was free at the time of the agreement, therefore does the time of the agreement being it was free when signed matter?

    If they breached the contract no matter how many years couldnt I go back to the original issues because neither of us could change the agreement, but they did change it.

    Thank you
    Your only recourse now is that the agreement wasn't followed. Your statue of limitations on the original claim(s) already ran out.

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    Quote Originally Posted by HRinMA View Post
    Your only recourse now is that the agreement wasn't followed. Your statue of limitations on the original claim(s) already ran out.
    So they owe me at least the 100k they have taken out of my retirement correct? And to stop charging me for my current health care which never said I would be charged in the settlement agreement,

    For here how do I?

    Hire the proper attorney.
    Does the attorney have to be in the state where this happened or can they file a lawsuit from my current state?

    Thank you.

    I just read a case where a jury awarded a man 450k in damages of a FMLA violation that happened in 2001. So how can anything that is causing current issues be out of statute of limitations when they are still taking money and still caused both financial and medical issues that are ongoing?

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    You need to learn the meaning of the word, "condensed".

    The ship for FMLA interference, wrongful termination, and anything related to your time as an employee sailed long, long ago. The fact that someone has been litigating a case since 2001 that is just now resolving does not change this. Not only is the statute of limitations long past, but you signed a waiver releasing any claims you might have once had.

    Your lack of savings, personal financial situation, car payments, desire to live in the same home despite no income, and your choice to liquidate your 401K have nothing to do with your employer. Your employer has no say in whether or not you qualify for SSDI.

    It is quite possible, even under ACA that your daughter would not be covered until age 26, or would only be covered if she did not have access to coverage someplace else. Without knowing the year, and exactly how the plan is set up, I can't say for certain, but it is absolutely a possibility that she was not eligible after 18. It is even more likely that if you did not follow the rules of the plan to cover an adult child, that child would lose coverage. It is also legal for coverage to be different for retirees than for active employees. In fact, it is extremely common. It is not age discrimination at all. Retiree plans are very rare these days.

    Unless your agreement specifically states that you will never ever have to pay anything in premiums, even if others at some point do, you can be required to pay premiums like any other retiree. The days of free retiree healthcare are rapidly coming to an end if they have not already long since passed. There is tons of case law on this. Even still, this change was made back in 2006! Why wait 11 years to look into it?? At this point you have almost assuredly lost any claim you might have had for breach of contract.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    Quote Originally Posted by ElleMD View Post
    You need to learn the meaning of the word, "condensed".

    The ship for FMLA interference, wrongful termination, and anything related to your time as an employee sailed long, long ago. The fact that someone has been litigating a case since 2001 that is just now resolving does not change this. Not only is the statute of limitations long past, but you signed a waiver releasing any claims you might have once had.

    Your lack of savings, personal financial situation, car payments, desire to live in the same home despite no income, and your choice to liquidate your 401K have nothing to do with your employer. Your employer has no say in whether or not you qualify for SSDI.

    It is quite possible, even under ACA that your daughter would not be covered until age 26, or would only be covered if she did not have access to coverage someplace else. Without knowing the year, and exactly how the plan is set up, I can't say for certain, but it is absolutely a possibility that she was not eligible after 18. It is even more likely that if you did not follow the rules of the plan to cover an adult child, that child would lose coverage. It is also legal for coverage to be different for retirees than for active employees. In fact, it is extremely common. It is not age discrimination at all. Retiree plans are very rare these days.

    Unless your agreement specifically states that you will never ever have to pay anything in premiums, even if others at some point do, you can be required to pay premiums like any other retiree. The days of free retiree healthcare are rapidly coming to an end if they have not already long since passed. There is tons of case law on this. Even still, this change was made back in 2006! Why wait 11 years to look into it?? At this point you have almost assuredly lost any claim you might have had for breach of contract.
    If you read above I stated clearly that I contact them right away and have been in contact sending letters, calling etc for 11 years and finally decided to ask about an attorney.

    Yes, their wrongful termination "caused" the financial situation.
    We had savings and when they wrongful terminated me they were the cause of no income. Why not want to stay in the home you built and were doing well before they wrongfully took away my income as noted above for taking FMLA. the employee caused the financial mess and agreed to it by the attorney forcing the local HR idiot to put me back on the seniority list.

    Another area you have no clue about. YES, the employer does and did have something to do with the SS decision. Why? Read again above. They do not give retirement to anyone unless they received documents from the Social Security Administration and then and only then do they send you to their own corporate doctor to be evaluated. Both the social security doctor and the company doctor agreed. So you are wrong on this area. One does not work without the other.

    The agreement does not say you will be charged for cost at a later date either so you point is again wrong. The settlement discussion under oath by parties and that was recorded was very specific that I asked for and will receive retirement benefits had I worked to age 65. I asked for and it was agreed that I would received full healthcare benefits as well. At the time there was no charge for this. My agreement separates me from the other retirees because the other retirees were not wrongfully terminated and retaliated against for taking FMLA. This agreement never said I would be charged at a later date. So now you are saying they can change the agreement and take away by retirement because both the retirement and health care were discussed and agreed upon in the mediation which was recorded. The agreement also states that I, my wife and my daughter would get health care. Never stated I had to pay for it or will have to in the future. So on one hand you are saying because it never said we would not ever be charged then I see the other side it never said they will or would charge me either. At the time of the agreement it was free.

    The entire reason for dropping the law suit, labor dispute etc was to "get" full retirement and free health care. Or I would have kept the lawsuit and shut the place down as the labor department represented said she could do but I asked her not to because it would put others out of work. So I played nice and agreed to a settlement that was changed and breached by them in my opinion.

    How can one breach a contract and use a separate agreement by parties not included in this agreement to change this agreement?

    By the way I did not sign any waiver releasing them from anything other then if we both agreed to the retirement and health care that I could not sue them for wrongful termination etc. They breached that agreement when they started charging me.

    I believe it is full age discrimination to award younger current employees under the ACA that the company must provide health care for dependents until age 26 with no college requirement, but not give the same to older retirees who have dependents and they wont offer the same to them. Total age discrimination. Your comments about the ACA tells me your lack of knowledge on the subject. The ACA forced companies to OFFER insurance to dependents until they are age 26. You stated above after the age of 26 which is incorrect.

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    Quote Originally Posted by ElleMD View Post
    You need to learn the meaning of the word, "condensed".

    You need to learn how not to be so rude to people just asking a question.

    You must work for a an HR manager or you are one because you are certainly pro company and not pro labor to be so rude and aggressive.

    You need to learn how to "comprehend" and read statement as you have clearly mixed up comments into your own thoughts that I posted.

    Did you not read the other posters comments or do you disagree with their thoughts.

    "It is illegal to terminate any qualified employee for taking FMLA."
    Last edited by Mark1959; 07-26-2017 at 09:57 PM.

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    Yes, it is illegal to fire any qualified employee for taking FMLA. That is true.

    However, you have only a limited length of time in which you can take legal action. If you have not done so at the end of that limited window, you are forever barred from doing so.

    Your window of opportunity closed several years ago. Since you had not taken legal action by then, you can now never file legal action, even though the employer acted illegally.

    You waited too long. Case closed.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    People lose jobs for a variety of reasons every single day. Sometimes fairly, other times not. Either way, the financial circumstances of the former employee are not something that has a remedy. That you chose not to pursue other employment, move to a less expensive place, have your spouse seek employment, etc. are not under the control of the employer. Might you have a reason which makes sense to you for wanting to act as you did or not having a financial safety net? Sure. But that does not make it your employer's fault such that there is any sort of legal remedy. The remedy would have been for the loss of the job only, not all of the financial woes as a result.

    Most retirement plans do require that the participant have applied for SSDI first or at the same time as disability retirement. In fact, I have never heard of one that did not. This is not by any means unique and it is not something that can be waived per the plan. It can take years to determine someone is totally disabled per whatever criteria is set forth in the retirement plan. If you do not meet the criteria set forth in the actual retirement plan to retire (and IRS regs) you can't retire. Retirement plans are governed by laws and their administrators can not arbitrarily decide to grant someone benefits or use criteria outside of the plan's design. It is just a fact that whether talking SSDI or some other plan, mental health claims are particularly difficult to get approved as the nature can vary widely and there are not objective measures a doctor can point to and say, over this threshold is definitely disabled.

    As for the ACA and the retiree plan, as I said before, there are many reasons the plan might not have to cover dependents until age 26 and it is perfectly legal. I was an administrator for such a plan. There are also provisions of ACA which do not apply to retiree plans. It is entirely legal. Courts have also consistently held that even if at the time of retirement a retiree did not have to pay anything toward their insurance premium, that is not a guarantee for life. Once upon a time most plans were fully funded by the employer. That has become the very rare exception and it is true for retirees as well. It is possible if your agreement spelled out in writing that you would never have to contribute toward a premium that you might not have to do so. Absent that, you are no different than any other member of the retiree plan, and in fact can not be treated differently than others in the plan. What you discussed 18+ years ago based on the rules in place at the time are meaningless if they are not in writing. Even if in writing, it would be legally questionable whether you could be treated differently, but there would at least be a legal argument to be made. In any event, waiting 11+ years to attempt legal action is far beyond the statute of limitations. The SOL gives a deadline to file a legal claim. You can do whatever you like before that deadline as far as appealing to the company to make an exception but it doesn't change the deadline to file a legal claim with the court.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

  19. #19
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    To prove ElleMD totally incorrect and expose her as a pro-company and labor hating person who does not have the ability to read facts and make clear decisions or comments.

    ElleMD, I without any law background learned how to research a bit more and found you are totally lost when it comes to the law. I will address your other insane comments and attacks as well.

    Fact- In Ohio the statute of limitations of labor law agreements and settlements is 15 years. Any contract signed before Sept 28, 2012 has a 15 year statute of limitations. Anything after has an 8 years so either way the breach of the agreement done by this company still is within the limitation. I also was told that since the breach of the contract happened and is currently still happening by them charging me for health care when it was totally free at the time of signing moves the statue of limitation due to activity of wrongfully taking money out of my retirement income allows me to re file EEOC and Labor Dept charges, damages from retaliation of using the FMLA to care for my ill wife, damages for causing financial harm due to willful and negligence termination of a 20 year employee for taking the FMLA. Let me remind you, it is the companies job to follow the law, when they corporate attorney added me back onto the seniority list that same day he admitted the local idiot HR manager wrongfully did this ( LOL his butt was fired after this ) and therefore he clearly asked me on video and on record what do you want for us to settle this issue? I clearly stated retirement as if I worked to aqe 65 and health care for me, my wife and my child. He clearly said, done! At the time of this agreement it was free. So the agreement cannot be changed by this company or myself without written agreement of both parties.

    Your comment about retirees and why should I get different. Well, showing your hate of labor you again take the wrong side of things. Reason why I am not considered as one of the "other" retirees is because none of the other retirees was wrongfully fired and none have a single personal settlement agreement that I have. At no time did the agreement state your health care cost or your retirement end because we want to end it. So you would be ok with this corporation to end retirement that was earned because it would be the same thing.

    Even the Labor Dept agreed with me on this issue, wrongful termination that caused not only health issues for me but when they added me back onto the seniority list they admitted to wrong doing and therefore are liable for everything that happened to me because of their wrongful decisions. I was also told since the statue of limitations is still intact because they breached the contract and agreement therefore moving the date forward to the date they started taking money out of my retirement to pay for health care which they and I agreed to as free as it was to all retirees and employees at the time the agreement was signed. It cannot be changed on the basis of my single agreement, it can be changed on "other" retirees because they did not have the agreement that I had.

    Your other comment, why did you wait so long. Did you even read the above? I clearly stated I have been calling, contacting, sending registered letters etc for 12 years with only one lame response given by a horrific unintelligent current HR manager who started as a laborer and could not do the job even then.

    No one should wrongfully terminated for using the FMLA without the HR manager, the employees who were a part of it and the company paying for it. I gave them a free ride on this issue because I had a sick wife at home. For you to say I should have moved to a lesser home etc is total hateful comments. Why should I move to a lesser home because a piece of crap company who hired a hit man like this HR manager who was later let go for this massive terminations, labor filings etc against him. Why should I change my life because of their wrong doings?

    It is a shame there are people like you giving advice on sites like this because it is clear you are either an HR manager, work for one or you are so anti labor that you come back with comments like you have posted which are pure wrong and hateful.

    I asked for help, you have attacks and took their side without even knowing the complete facts. In fact you failed to look into the statute of limitations has not expired. Proves to me you have absolutely no clue or you are here to be pro company and anti labor and post total BS with no factual information used, just your opinion which is wrong.

    I have contacted an attorney who is meeting with us soon. I hope I can not only get my 100k back but destroy this company, the current plant manager, current HR idiot, current CEO and make sure the stock holders which I am one of know about this because it has been swept under the rug because they were in the middle of a major merger at this time and was hidden away.

  20. #20
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    When you win your case, come back with a docket number that we can independently verify. Until then, I think this conversation is no longer productive.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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