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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am currently off work on FMLA, due to a "bully boss" that

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I am currently off work on FMLA, due to a "bully boss" that has just about caused me to have a nervous breakdown! I'm still waiting on cardio test results and appointments with a neurologist and an oncologist. I also suffer from a "stress induced" seizure disorder and see a psychiatrist to help me deal with several health issues, mentally.
1) I went to my work to give my boss a 2 week off excuse. (She knew FMLA was being completed by my doctor). First she told me that I "better not be on the clock or working", I responded, that I wasn't. She then called me in her office and suspended me for 3 days for being late the morning before. She sarcastically asked me if I wanted my 3 day suspension, "before my 2 weeks or after it". Last straw, I told her to stick the 3 days wherever.. turned to walk out, she stopped me and told me to "go write down where you're at and what all needs to be done", which I did.. not on the clock. I feel that she has harassed me to no end in the 2 1/2 years that she's been there. I've been employed with my employer for almost 16 years and have had raving reviews at every yearly evaluation.. except with her. She started on me from week 1. Is this legal? I feel it's harassment and the undue stress and hardship that she's placed on me should be answered for, by her and my employer! Any advice? Thank you!

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : This is an unfortunate situation,
wallstreetfighter : under the federal laws, it is a violation of the FMLA regulations for an employer to intimidate or harass any employee who has applied for or requested FMLA leave.
wallstreetfighter : In terms of her treatment towards you,
wallstreetfighter : unless it is based upon your race, gender, age, religion or use of FMLA, the law does not protect employees from workplace bullying,
wallstreetfighter : What you should consider is filling a DOL complaint for FMLA retaliation,
wallstreetfighter : by doing this you protect yourself from future harassment from the employer,
wallstreetfighter : and since FMLA is protected, an employer cannot in any way harass or intimidate any employee who has asked to use FMLA or is applying for FMLA.
wallstreetfighter : You would file a complaint with the Wage and Hour Division of the Department of Labor.
wallstreetfighter : U.S. Department of Labor (DOL)ESA Wage & Hour DivisionNashville District Office1321 Murfreesboro RoadSuite 511Nashville, TNNNN-NN-NNNNhone:(NNN) NNN-NNNNax:(NNN) NNN-NNNN/span>
<span class="JA_chatAuthorName"Customer: I live in a very small town, a "click" pretty much runs it and I'm so over the mentality of some of these people. I wasn't sure if I should try to make a complaint with my employer, due to further harassment or what to do!
wallstreetfighter : You can make a written complaint with your employer advising them of the FMLA retaliation you feel, and that if it does not stop you will have no other option but to file a DOL complaint,
wallstreetfighter : By doing this, you put the employer on notice that they need to stop the harassment,
wallstreetfighter : and that you know your legal rights.
wallstreetfighter : Typically under threat of potential legal action, an employer will try to stop the negative actions,
wallstreetfighter : You can also hire an attorney to send the letter as well.
Customer: I will do that! Thank you.. so much!
wallstreetfighter : Good luck, and if you have any further questions please do not hesitate to ask.
wallstreetfighter : If satisfied with our service please provide us with positive feedback.
Customer: Thank you, Sir!
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