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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113526
Experience:  20+ Years of Employment Law Experience
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Complex Question: In 2013 I took FMLA due to discrimination

Customer Question

Complex Question:
In 2013 I took FMLA due to discrimination due to my ethnic background (American Indian/Mexican) prior to my return I was involved in a MVA while on my bicycle it took a year to recover from my injuries (TBI) speech and physical therapy. In October 2013 I was involved in another bicycle accident the weekend before I was supposed to return to work another year of recovery another TBI, broken arm, PE left lung, broken arm, physical therapy ect. Prior to my accident I had made numerous complaints to my superiors about the treatment about my supervisor (I am male) my immediate supervisor is female. I intended to file a federal EEOC compliant upon my return however my accidents prevented that due to the time line. Now that I am ready to return to work I have applied for 4 positions and have been stonewalled in my return. I reside in Michigan I applied for one position in the Upper Peninsula where the position has never been filled due to the location I never received a recall (I am a Doctor and work for the Department of Corrections) the job is in a town called Newberry a remote part of Michigan to say the least. They have not been able to fill that position for well over 2 - 3 years. I applied for another position in a town called Kincheloe again remote I worked at the prison that was seeking a Psychologist they reposted the position saying they wanted a bigger application pool. When I contacted human resources as I worked there as well the person who I spoke to who still remembers me could would only state they wanted a larger application pool. I know the town the only place to work there is the prison and two gas stations. I applied for two more prisons Muskegon and Ionia I had a tentative recall date of September 14th for Muskegon as I was the senior Psychologist who applied; I received an email last week advised me that the position was on hold. The hold status could come from only one person and that is the regional director and he and I had some discussion about my former supervisor in 2013 where I voiced my complaints about her favoritism with her female friends and work ethic. Her degree is in Social Work and by Michigan standards Social Workers cannot supervise Psychologists due to the nature of our training. At this point I am not receiving any wage loss payments from my insurance company Michigan is a no fault state therefore I am in a legal case against them; the regional director in my opinion the regional director believes he beyond reproach and I have contacted my union representative and they cannot find answers as to why the position I was promised in Muskegon was put on hold. Therefore what is my recourse if any? Granted I am not looking for a resolution to my issue in 24 hours.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to hear about your situation. Under the federal discrimination laws, you had 300 days to file your complaint and suit for the unlawful discrimination. However, the issue here is more than that, you are now being denied employment it seems in retaliation for you making your previous claims against the employer, which is an entirely new complaint. You would need some evidence to support the fact that they are intentionally excluding you from the employment based on retaliation for you filing the previous claims. The fact that you are essentially in a very rural area and the fact that people really are not applying other than you is circumstantial evidence that the only reason you would not be considered is in retaliation for your former claims against the employer. So this is the type of complaint you need to file with the EEOC and you should file it as soon as possible.

Customer: replied 1 year ago.
Please refund my payment
Regards,
Dr. Lopez
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for wasting your time and mine, as experts are not employees of this site and get nothing for just spending time with you. So thank you very much and because experts are not employees of the site, we have nothing to do with your payment and if you want a refund you must please contact customer service at http://ww2.justanswer.com/help and they would be glad to give it to you.

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