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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4505
Experience:  Extensive experience representing employees and management
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I,m a commercial trash truck driver on a 9day FMLA leave, my

Resolved Question:

I,m a commercial trash truck driver on a 9day FMLA leave, my doctor released me back too work feb.4th but my employer will not allow me to return until I take another DMV. physical stating that my medical card automatically expires when a driver goes on a leave regardless what it is.the dmv. has never revoked my CDL.because of a leave in the past .the district manager has never liked me and has even tried to provoke me to lose my temper without success .he has in fact fired another co-worker for provocation, and constant harassment to him made him lose his cool and he yelled at this manager and was fired but he will testify in my behalf that this manager creates a hostile work environment.for us co-workers I have even ended up at urgent care because of the stress I,ve been put under and this is just another way to cause me undue stress do I have a possible case of harassment?
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.

Do you have any reason to believe that your employer is discriminating against you on the basis of a protected characteristic (such as race, gender, national origin, or ethnicity)?
Customer: replied 1 year ago.

the manager has verbally gotten in peoples faces for bringing up issues with working conditions drivers do believe he does not like minorities since we are mostly mexican drivers and i,ve personally seen them target workers and harass them and I've never seen so many people lose thier jobs until he came on board.


 

Customer: replied 1 year ago.

many drivers are afraid to pursue grievences because of past experiences with others who were retaliated by this companys management team this company also settled on a class action against them for failure to give us payment for working through our lunches and breaks and for unethical payroll practices which continue to occur with our paychecks .

Expert:  Joseph replied 1 year ago.
In adddition to discrimination and hostile work environment on the basis of ethnicity and nationality, you can also file a complaint against your employer for retaliation against you for your use of FMLA leave.

You can file these charges with the EEOC using the information available online here:

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


You should also file a grievance with your union for the unfair treatment and harassment thqt you're experiencing at work.

Finally, if there any additional illegal practices regarding your paychecks, or having to work through lunch and rest breaks, you can file a wage claim against your employer for those violations using the forms available here:

http://www.eeoc.gov/employees/charge.cfm
Joseph, Lawyer
Satisfied Customers: 4505
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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