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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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I currently work for lausd for the past 19 years. I got

Customer Question

I currently work for lausd for the past 19 years. I got involved in a union grevience against the principal which caused me to be targeted. I filed a harassment against the principal I have gone thru all the steps and nothing has happened not my stress has gotten to a critical point do I have to ask my boss for fmla becausd I am sure they are going to find a way not to cover me
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ca
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Los angeles unfied school district union full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have documentation e mails witness statements a lot to back my claim up
Submitted: 1 month ago.
Category: California Employment Law
Expert:  socrateaser replied 1 month ago.

Hello,

I am a member of the State Bar of California, and the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties).

I appreciate your succinct description of circumstances. In order to properly assist you, it would be helpful if you would please ask a specific question about your circumstances.

Thanks for using Justanswer!

Customer: replied 1 month ago.
What would it take to have a harassment case and what would a doctor need to put on the paper work for me to be covered under fmla?
Expert:  socrateaser replied 1 month ago.

Okay, thanks!

What would it take to have a harassment case?

A: If this is "harassment" as defined in the LAUSD collective bargaining (union) agreement, the contract provides a means by which the issue can be resolved, and the union and LAUSD appear to be combining to prevent the exercise of your rights under the union contract, then you can complain to the National Labor Relations Board (NLRB). The reason for this is that such combinations and/or conspiracies to defeat the terms of a collective bargaining agreement violate federal law – regardless of the underlying harassment claim.

For help in filing a charge, please contact an information officer at your nearest NLRB Regional Office.

If the harassment is based upon your request for reasonable accommodations based upon a physical disability/medical condition, and an LAUSD principal’s retaliation duc to your requestion, then you can complain to the Cal. Department of Fair Employment and Housing (DFEH).

Alternatively, you can hire an employment rights lawyer to intercede, threaten civil action, and if you’re ignored, then you can sue for violation of either of the above-described laws.

Also, once you complain to your employer in good faith about an unlawful employment practice, you are protected from retaliation under Cal. Labor Code Section 1102.5 – which would give you another independent legal action against LAUSD and/or the union.

What would a doctor need to put on the paper work for me to be covered under fmla?

Typically, an employer can provide, at your request, a form that your physician can fill out to certify you for FMLA (and/or the analogous California Family Rights Act: CFRA). But, you have to make the request for FMLA/CFRA leave benefits. Alternatively, you can use U.S. Department of Labor Form WH-380-E.

If you need more personal attention than can be provided in this public forum, I can send you a premium services offer, so as to provide my contact information, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

If not, then I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 month ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!

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