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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111527
Experience:  20+ Years of Employment Law Experience
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I went out on disability on Dec. 19th 2015, I had my son.

Customer Question

I went out on disability on Dec. 19th 2015, I had my son. the whole time I was being harassed by my employer over being 1 to 3 or 5 min late, and got written up. So I go FMLA to protect my job throughout my pregnancy. when I came back from disability I went back to work after working for a week I was told that I couldn't officially come back to work with out a doctors note. So while I tired to get in contact with my doctor I took sick and personal time a weeks worth. When my doctor wrote me the not she gave me an month of additional time. A representative from human recourses not only called me but my doctors office asking questions about my medical records and asking my doctor to change my return date on the letter, my doctor refused to and I resigned. They refused to gave me any of my vacation, sick, or personal time. They stated that I hadn't accrued the time, this is not stated anywhere in my contract. Do I have a case to go after that money owed with the help of a lawyer?
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.

If they treated you this way based on you using FMLA leave or in retaliation for you being pregnant and needing leave, your first step is you must file a complaint with BOTH the US Department of Labor and the EEOC (the US DOL handles FMLA retaliation/discrimination claims and the EEOC handles the pregnancy, sex, discrimination claims).

They have to issue you a right to sue letter to sue for the retaliation and discrimination.

As far as the payment, if your contract stated you are entitled to payment for the time, then you have grounds to sue. The NY law does not make payment of that time upon termination mandatory by law, it says if there is an employer policy or the employee has a contract stating it must be paid then it must be paid.

So you have two claims here, the first for retaliation/harassment/discrimination and the second a potential breach of contract claim.

For the contract claim it depends on the wording of your contract as to whether you would collect payment for the breach of contract in not paying you any of your time they owed you under the contract.

Customer: replied 1 year ago.
This incident happened going on two years, MY son was born Dec 19 2013. can I still do it
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid that if this happened in 2013 (not 2015 as you stated initially) the 300 day statute of limitations for the discrimination complaint has expired. HOWEVER, for the FMLA retaliation and harassment claim you have TWO years from the date that harassment and retaliation occurred.

Customer: replied 1 year ago.
do I need a lawyer to handle the paper work or I can file a claim to sue my self? Can you suggest someone to help me with this?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You can file the complaint to the US Department of Labor without an attorney, but to sue you must have an attorney and we cannot make personal referrals, the best we can do is suggest using the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com for a local employment discrimination attorney.