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Old 09-19-2019, 04:19 PM   #1
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AllyMo's Flag is: United States
Join Date: Sep 2019
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Default Paternity leave - termination due to job performance problems

- Does my employer have the right to prevent me from taking paternity leave, if they claim I am underperforming?

- Can my employer threaten termination, if I don’t back down on paternity leave request?

- Can my employer terminate me while my paternity leave request is still outstanding, claiming that the termination is due to lack of performance? In that case what are my legal options ?

- Can my employer terminate me while I am on paternity leave?

- How long can they make me wait before I go on paternity leave? I want to take it asap.

Here's a bit more context:

My employer is creating a fuss about letting me take my paternity leave. I need help regarding that.

I am at a very senior software engineer level at a startup of about 500+ employees in CA. My daughter was born about 2.5 months ago. I took 2 weeks of paternity leave then, and banked the rest to take later.

About a few weeks ago they vaguely hinted (just verbally) that I was not performing up to level. I have tried to put in more hours at work, but they still feel I am under-performing. Note that they have never given me any written feedback regarding my performance

Recently, I asked my manager that I want to take my paternity leave. And he said that would be a problem, since I was underperforming. He says that would prolong the issue of my under-performance to 2020, and he is not comfortable pushing it so long.

I submitted a written request to HR (with him cc-ed) to allow me to take my paternity leave asap. I have a meeting tomorrow to resolve this.

I want to be prepared for this meeting. What are my best options ?

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Old 09-19-2019, 04:42 PM   #2
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Default Re: Paternity leave - termination due to job performance problems

I wish to inform you that termination because of non performance may be done. Generally an employer is free to terminate employment at any time including without reason. If your company is having paternity leave policy and has terminated you because of paternity leave then you may contest this issue on the basis of discrimination.

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