I've been an salaried non-management employee at my Fortune-100 company for 12 years. During this time, I've always been rated as "meeting expectations" or "exceeding expectations."
My wife and I are expecting our first child in June. Knowing this, I applied for intermittent FMLA leave to care for the child beginning on the date of the child's birth. My FMLA request was approved but I have not taken any FMLA leave yet.
Immediately after my FMLA application was approved, management's treatment of me dramatically declined. Three weeks after applying for FMLA, I received a negative performance evaluation with a very low annual merit adjustment (despite a stellar mid-year review that took place 4 months earlier). There were several false comments in the PE that were used against me. Soon after, I was told I was being put on a "development plan" - some of which is reasonable, but some is unachievable. For example, where my coworkers are assigned 5 or 6 annual goals to meet, I've been assigned 12.
I was reassigned job duties about four weeks after my FMLA request. This reassignment was against my will: I verbally told my manager that I was not interested - nor do I think I can be successful - in the new role. She stated that I was placed in the new role because of my FMLA request. Additionally, management dramatically changed my working arrangement after my FMLA request. The signed virtual-office agreement I had with my company was "declared" null and I was asked to report to the office daily (which I've been doing). In short, everything about my job - except the company I worked for - was changed after my FMLA request.
My manager holds weekly 1:1's with me (in contrast to the bi-monthly/monthly 1:1s she holds with my coworkers) where her behavior towards me is becoming increasingly hostile. She writes down what she views as poor behavior and berates me for it. Two specific examples:
1) She followed me to my car one afternoon (I had to run a 10-min errand to the post office) to document that "employee was observed getting into car at 1:12PM". I suspect she's been following me (or has me followed) for some time now.
2) Her written comments included "employee reclines in chair too much during meetings. This behavior is disrespectful and insubordinate". I was verbally berated for reclining in my office chair too much during meetings.
QUESTION: What are my options? I haven't been fired (yet), but I feel like I'm being harassed based on my FMLA request. I've discussed this with H/R and they've done nothing. Is it possible to prove a harassment claim based on FMLA status - even if FMLA hasnt been taken yet? In short, I feel discriminated against (and harassed) but since I haven't been fired, I dont know if such a lawsuit is actionable.
Thanks in advance......