Fired Right After A Work Injury And Medical Leave… Does This Sound Legal?
Location: Texas
I’m honestly still in shock and trying to understand if what my job did is even legal.
I worked for a nonprofit for 3 years. Over the summer I raised concerns to HR about my supervisor and how unwell she was. My supervisor asked me for 3 weeks daily to go get a drink with her after work and after I eventually said yes, it started a friendship. I realized quickly that she is mentally unstable and she began retaliating. Telling me I can’t tell her no and showing up at my apartment… etc.
Not long after I went to HR, I was placed on a Performance Improvement Plan (PIP). The wild part? The supervisor who wrote it put her resignation in a month before and created the PIP 3 days before she left. I didn’t even receive the PIP until almost a month later. It was also shortened from 90 days to 30 days. During that time, I was never told I wasn’t improving or that I was failing.
Then things got worse.
Days after my PIP ended, I got a concussion at work. This is my fourth concussion at work. I work with foster youth in a treatment center with high behaviors. I’ve never received workers compensation before through previous injuries. I was only out for a few days. This concussion was different, I went to the ER and then my primary care doctor, who took me off work for over a week. During that same time I also got strep. I sent in multiple doctor’s notes and followed all procedures. I received workers compensation and had approved medical leave.
Despite this, my job: • Pressured me to come back early with “accommodations” even though my doctor had not cleared me • They wouldn’t accept my doctor’s note clearing me to return. They made me go to their doctors instead of my own doctor for clearance. • Asked me to work from home while I still had a fever and was technically not cleared to work
On the FIRST day I was officially cleared to return, they pulled me into a meeting and told me I had a few hours to pick one: • Take a demotion with no guaranteed hours • Resign • Or be terminated
I asked for documentation showing how I failed the PIP and asked for more time since I was still recovering from a concussion. They said no. I declined the demotion and was immediately locked out of my email and systems.
It feels like I was pushed out because I got injured and had medical leave. The timing is just too convenient.
I have all the receipts: PIP, emails, medical notes, HR messages, Concentra documentation, everything.
Has anyone dealt with something similar? Does this sound like retaliation / ADA violation / wrongful termination? I’ve contacted a lawyer but I’m trying to understand if I’m crazy for feeling like this was unfair and possibly illegal.
Any insight appreciated ????
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