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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11290
Experience:  Significant experience in all areas of employment law.
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I received an unsatisfactory review from my supervisor, she

Customer Question

I received an unsatisfactory review from my supervisor, she has never held a supervisory position and was promoted from within the department. I was out on an FMLA leave for almost 5 months and when I returned I was given a job that was less than what I did before I left. I have complained to my HR several times about her making comments about me to other employees to no avail. I was hesitant to go back to work for her after the FMLA leave because of her treatment of me. I am the oldest one in the department (66) and do not necessarily fit in with her style.
My previous reviews under different managers have always been good. Anything I can do?
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you believe that you are being retaliated against because of your FMLA leave, then you can file a complaint with the Department of Labor, which is the federal agency that investigates and prosecutes such matters. If you believe that you are being treated poorly because of how old you are, you can file a complaint with the EEOC for age discrimination. The EEOC will conduct an investigation into your employer's practices, as well.

Here is a link to where you would file your DOL complaint. Here is the link to where you would file your EEOC complaint.

It should be noted that filing either of these complaints is a form of legally protected activity. This means your employer will be legally prohibited from retaliating against you, and any adverse employment action which you can link to the filing of your complaint with give rise to an entirely separate legal claim for damages.

These would be your options under the circumstances you describe, generally speaking.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 9 months ago.

Was I able to address your concerns here? Please let me know if I can be of any further assistance to you....

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