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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Husband works for world-wide corp 24 years without issue...Turned

Customer Question

Husband works for world-wide corp 24 years without issue...Turned in FMLA a week ago and immediately escorted off the property for insubordination and indecent exposure???

Supervisor called and said that the indecent exposure never happened but they were sticking with insubordination...Two day unpaid suspension turned into five...They called him back in this morning and they want my husband to sign a document stating that if he steps out of line once more, he's fired...He's never been disciplined...We believe they're trying to set him up to be fired...He's over forty, turning in a FMLA with the possibility that he may be ill....

They have ignored their own Employee Manual regarding the discipline process and no one else has ever been punished in this manner...Can he refuse to accept the conditions they've just given him and not return to work?...Would he still be eligible to collect unemployment?...Would we be able to file a complaint with the EEOC and have a decent chance of gaining the ability to sue?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

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 :

Did the employer take this action due to his FMLA request?

wallstreetfighter :

If he does not return to work, it would be considered as a resignation, and he would be denied unemployment benefits,

wallstreetfighter :

In terms of an EEOC complaint, if he feels the termination is due to his age, race, gender, or other protected civil right he can file an EEOC complaint

wallstreetfighter :

If the employer has taken negative actions, due to his FMLA request that is a violation of the Federal law, and he can file a retaliation complaint and lawsuit against the employer,

wallstreetfighter :

He can file a DOL complaint for the FMLA retaliation,

wallstreetfighter :

He should consider going back to work, and if they terminate him, then he can file for unemployment benefits,

Customer:

We'll file with the EEOC after he returns to work to prevent retaliation...Thanks

wallstreetfighter :

Also, consider filling a DOL complaint for the FMLA retaliation,

Customer:

Excellent...

wallstreetfighter :

if the employer did this after he filed a complaint, that is clear retaliation and

wallstreetfighter :

he can sue them for violating the law.

Customer:

Should he go back to work?

wallstreetfighter :

U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Charlotte District Office
800 Briar Creek Road
Suite CC-412
Charlotte, NCNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Raleigh District Office
Somerset Bank Building
4407 Bland Road, Suite 260
Raleigh, NCNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNor(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

wallstreetfighter :

Yes,

Customer:

Thanks...

wallstreetfighter :

he should go back to work, and if terminated, he can apply for benefits,

Customer:

Got it...

wallstreetfighter :

if he does not return to work, they will consider him as quitting, and he would be denied benefits, unless he can show good cause to quit, which is difficult.

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit.

Customer:

Thanks should have done this hours ago....

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16420
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 5 other Employment Law Specialists are ready to help you

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wallstreetfighter
wallstreetfighter
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14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits