Thread regarding ExxonMobil Corp. layoffs

PIPed? Take 12 weeks of stress induced FMLA, watch XOM squirm!

To all poor souls out there - I am giving away a great tip here. I learnt about it purely by accident.

You can take FMLA leave while on PIP. The moment you get the PIP, be ready to ask for stress induced FMLA on the spot - prepare the paperwork in advance. Fight fire with fire!

Fmla interference & retaliation is illegal, put this knot on their rope! Exhaust your vacation, then do unpaid. 12 weeks total. They are saying it's not a layoff, so they have no reason to fire you while you are out! And it's almost illegal for them to bother you while you are in fmla.

https://skloverworkingwisdom.com/fmla-great-tool-to-e-x-t-e-n-d-employment/
https://www.fmlainsights.com/employee-tells-a-co-worker-that-he-plans-to-misuse-fmla-leave-court-says-its-ok-to-demote-em/

Hit thumbs up if you're game!!!

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| 9371 views | | 8 replies (last July 29, 2020) | Reply
Post ID: @OP+16bLlaQW

8 replies (most recent on top)

Any advice on if this could work for someone after being very unexpectedly placed on a PIP and how you could do it if so? I was very shocked as well as my close friend coworkers I told after I was placed on the program and do enjoy my job. Had never had any negative feedback before in my almost 2 years here (1st ranking experience). I have been working towards my PIP goals with substantial progress already but am unsure if I meet the goals if they will just try and get rid of me anyway.

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Post ID: @zxd+16bLlaQW

If you take fmla, after you come back they will remind you that this does not erase your prior underperformance. But keep good track of your PIP objectives and delivery, to ensure that you could argue later that you were doing a great job, and they are now retaliating for your Fmla request!

There are also ADA accommodations here to investigate.

Also, business objectives and layoff targets may improve (low chance, I know!), so you may squeak back in.

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Post ID: @fuz+16bLlaQW

Going to put my FLMA request in

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Post ID: @dlu+16bLlaQW

I think part time fmla could be workable, but requires a solid plan in advance. Also, if you show up to work occasionally, you are technically under the jurisdiction of the PIP.

But it's a game of chicken, are they prepared to defend firing in court during a part time fmla? This can get very messy for them.

Fmla is an awesome law, don't hesitate to use it!

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Post ID: @lls+16bLlaQW

You are entitled to 12 weeks FMLA and you can also go back to work on a reduced schedule, work 4 hours off 4 hours as long as your doctor does the paper work, and they usually will because of stress levels. Can even work 7-1 and off two hours the rest of the day to stretch out FMLA for a year why not.
Go to doctor request off two weeks bc of stress of PIP and start FMLA paper work after 3 days of being off sick.
More than likely they won’t touch you if you are still on FMLA bc of legal issues violating the law.
And after that can go on short term disability to even go a little longer.

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Post ID: @bjh+16bLlaQW

To XOM HR : no, your legal department won't let you fire people requesting fmla - this would be an exceptionally dumb move.

This way you will convert an unethical XOM move with PIPs into an illegal one! If you're really promising people a good faith opportunity to improve, fmla eligibility is part of this very same deal. Yes, even on PIP they are still employees with the all the rights granted by the federal/state laws, and XoM cannot take those away.

You can request another fmla certification at company's expense, but so what ? People forced into sudden PIPs will be genuinely stressed and depressed.

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Post ID: @rvw+16bLlaQW

https://www.hrmorning.com/

If you wait until after you get the pip they can still have grounds. Plus pushing the boundaries is only risky if you think people will actually sue. Bluffing and actually doing it are very different.

I’m I’m XOM HR. I’d take the risk and still fire people who have been PIPT and try FMLA

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Post ID: @irh+16bLlaQW

May be possible if you go see a therapist. Many are doing virtual appointments. If you can get a note certifying the need to take time off work you could be eligible.

PIP doesn’t mean you a are fired just improving. One of the steps that could lead to your improvement is a mental health holiday that allows you to focus on recovering your mental state so that your can maximize work output WFH and covid are big triggers.

There is nothing wrong with seeing a therapist and taking the time you need to recover. If XOM fires you for taking a mental health break during this time I would be surprised.

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Post ID: @vef+16bLlaQW

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