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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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My employer never informed me that I was eligble while my

Customer Question

My employer never informed me that I was eligble for FMLA while my parent sick with a terminal illness on 10/16/15. They never made me aware that I was entitled to that after 10 years of service. Instead I was reported for excessive absenteeim. Following her passing I was harassed during the month of February when my uncle passed And was suspended for a false charge made by my coworker.because he wanted my position. Now I am being a victim of discriminatory practices under the laws of Eocene for constructive discharge forcing me to resign by making the work environment so intolerable that a reasonable person would not be able to stay.I would live to file a lawsuit against my company. ESPECIALLY since I was never offered the FMLA back then. I feel discriminated against. Can I file a lawsuit.
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
In addition I am being a subject again of prohibited employment practices and policies
Customer: replied 11 months ago.
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Customer: replied 11 months ago.
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Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

A few things to make sure you understand the law here. First, FMLA is only available for medically caring for or seeking medical care for a family member. So, if you were missing time to actually medically care for your mother, then FMLA should have been offered. Second, FMLA discrimination claims have a very short statute of limitations. You have to file a complaint about discrimination on that basis within 300 days of the last example of discrimination due to FMLA. Here, you'd have to try and drag that claim forward by alleging that these more recent examples of harassment are directly related to your FMLA use. You could certainly allege that the continuing harassment is based on the fact that you took time off for your mother. Therefore, you should file a complaint with the Department of Labor immediately. Only then, following that entities investigation, would you have the ability to sue in federal court based on the FMLA matter.

The matter with your uncle, while unprofessional is not illegal, so I won't discuss it here.

Constructive discharge isn't really a discriminatory practice unless based on your race, religion, gender, age, disability or recent FMLA use (this would have to be added to the DOL complaint).

As for the other prohibited practices you allude to, without more I can't address those. You are welcome to ask a follow up question concerning them.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.