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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I am employed at a place that harrasses the fmla employees.

Customer Question

I am employed at a place that harrasses the fmla employees.
I have been there for 13 years and have had fmla for my folks for a couple.
My mom is 83 w Alzheimer's and dementia.
My dad has padgence disease which require 30 mg. Of morphine every 8 hrs.
I have missed alot of work w them and my employment is trying to push me out the door.
I recently have been out a my mom and there was a posting to work on Saturday which I was not informed of during last week when I called every day.
Well today when I call I am informed that i received 3 pointz for Saturday no call no show.
Is there a place in the law that protects me from a situation like this?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 5 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. There is the law against retaliation for FMLA use. If you were using FMLA and called them to be informed about notices while you were out on FMLA use, and they failed to let you know about the scheduled time frame, that's their fault. You did what you needed to do to be informed. Giving you points based on your missing information while you were on FMLA is retaliation for your having used FMLA, and that is illegal under the FMLA law itself. You need to contact the Department of Labor, as that is the entity that enforces the FMLA and handles retaliation investigations. This is a protected complaint, meaning that you can't be retaliated against for making the complaint either. You must go through this entity to get any relief, as they must investigate and sign off on any further legal recourse (like a federal lawsuit, if needed). 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.
Customer: replied 5 months ago.
I called in to report out for fmla but nothing was said about overtime on Saturday..
Our normal week is Monday to Thursday
I work 10 hour shifts.
I called but the answering machine picked it up most of the time.
Because I didn't ask if we worked on a overtime day means I get points for it
Expert:  Allen M., Esq. replied 5 months ago.
I would say that counts as retaliation. It seems an effort to hold you liable for anything they possibly can, as a means to get rid of you for "legitimate" reasons, when really it is the FMLA that is the motivation. An overtime shift is unexpected and not part of the norm. They had a positive obligation to let you know, seeing as you were out on FMLA. I'd make the complaint to the DOL.
Expert:  Allen M., Esq. replied 5 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.

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