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John, Employment Lawyer
Category: Employment Law
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Experience:  Exclusively practice labor and employment law.
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I have two of my bosses screwing with me and h r is not moving

Resolved Question:

I have two of my bosses screwing with me and h r is not moving fast enough. What can I do
Submitted: 11 months ago.
Category: Employment Law
Expert:  John replied 11 months ago.
Hi, thanks for submitting your question today. I require a bit more information to give you a precise answer - 1) how are they screwing with you - what have they done in regard to your terms and conditions of employment? 2) why do you think they have done this - is it related to a protected civil right (such as age, race, gender, disability or religion)? or is it because of something you did (such as report them to a government agency or file a workers comp claim? Any specific detail you can give me would be helpful. Thanks
Customer: replied 11 months ago.


Hi and you welcome and thanks for getting back with me. I have a lot going on with work. I gust got back from having back surgery and the same week I got back. My boss gave my shift away to someone else and move me to the night shift. Before I went out a hand full of us want to h r. on him. I thank it's related from that and he just using the rule book to get back at me. I do have a bad back. I been on the swing shift for 8 years and the last 3 years I work a second job and they know this very well and had no problems. Know they trying to force me to the night shift when they have other people that can do it. I been to h r and they taking there go old time to fix this. I do plain on going to the government and report them do to they put hour office in a main electoral room. What else can I do about this?

Expert:  John replied 11 months ago.
The facts you present can be considered a Family and Medical Leave Act (FMLA) retaliation claim. Specifically, when you go on leave like this you generally are supposed to be returned to the exact of very similar position; absent it being impossible for the employer to return you to that position.

Them putting you on night shift when , a) you weren't working it before the leave, and b) when others are available to do it is fairly strong evidence that the job assignment is because you took the leave...and they very well may be trying to get you to quit.

As your recourse for this, you can file a charge with the Department of Labor, which will investigate the charge free of cost to yourself and, if it finds retaliation, it may litigate the matter for you if the employer does not willingly comply. If that is something that interests you, I'd suggest you contact the Department of Labor here to learn how and where to file that charge.

The second option you'd have is to file a private lawsuit, but in your case I'm doubtful you'd find an attorney to take your case because you haven't experienced cash damages yet; you'd have to be fired before an attorney would seriously consider your matter. Thus the Department of Labor is probably your best and only option at this time.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2697
Experience: Exclusively practice labor and employment law.
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