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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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I have been put on a final warning at my job for something

Resolved Question:

I have been put on a final warning at my job for something I had no control over. This happened while I was on a medical leave for almost 3 months. There is no basis for this write up other than employee discrimenation. I had no way to defend myself. We had no managers in our office due to their retirement. This normally would have been handled within in the office but due to proper management in the office the HR Dept took care of it and wrote me up. I have alot of information, emails and other support to help me if it ever comes down to me losing my job over this. My question is for you would I have a lawsuit against this company if it came down to that? And if so, would can I do.


 


I am a top producing travel agent with over 30 years experience and have over 300 bookings and  I have been put on a final written warning for 2 bookings that they had questions on. 


They say my documentation was not done properly on those bookings. Well, check the other 298 bookings to see how those look. Other travel agents in our company have much worse documentation then I do.  Why do they not write them up for their poor documentation. I have copies of a few of the other travel agents documentation that just completely sucks!


I feel this is discrimenation due to my medical leave and I am only working part time for the past few months due to my doctors orders.

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Were you on a form of protected leave, such as FMLA leave, or just a separate medical leave? If so, was it for a physical or mental disability?
Customer: replied 1 year ago.


I had surgery on my neck and then have been on part time work since October with the FMLA working 5 days a week 4 hours a day per my doctor's orders and being paid paid SDI benefits for the hours that I am not working. I am currently on a part time basis until January 31st and then not sure about February as of yet


 


 

Expert:  Joseph replied 1 year ago.
Hello Tami,

Yes, you can file a complaint with the EEOC regarding discrimination in retaliation for your use of protected FMLA leave.

You can file a complaint using the forms available online here:

http://www.eeoc.gov/employees/charge.cfm

Additionally, you should also consider filing a complaint for violation of the Age Discrimination in Employment Act, which protects employees from discrimination on the basis of age (over 40), which you can also file with the EEOC.

Finally, you should add a complaint for discrimination on the basis of disability, since your employer, in giving you the written warning, has potentially violated your rights under the Americans with Disabilities Act.
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the quick response. do you feel i have a legitimate claim?


 

Customer: replied 1 year ago.

not sure if you got the first response. thank you for your quick response. my last question to you is do you feel this is a legitimate claim for me go further with?

Expert:  Joseph replied 1 year ago.
Hello Tami,

Yes, as long as you believe that was no other basis for you being written up, then you would have the valid basis for a claim against your employer.

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