Employment Law Questions? Ask an Employment Lawyer.
Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues and contract law. I also have written hundreds of legal articles. I look forward to helping you today.
Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. By continuing, you confirm that you understand and agree to these terms.
Please keep in mind that at the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Thanks!
Please also understand I am typing my answer to your question – usually a lengthy answer – and I’ll be back to you asap.
I had to re-read the question -- this was someone else's maternity leave, correct? Also, do you have any idea why they would discriminate against you? Is there something else that's not in the question I should know about? Thanks!
Why would they say "watch out" for you? What do you think that is about?
So there appears to be nothing about you that they would discriminate against? You're not disabled, a minority or fall under any other classification -- and they're giving the job to women, so it's not against gender. There's no other reason that you can think of?
I'm sorry you're going through this. I've read a lot of literature about promotions and why people don't get promotions even though they're qualified. There is no rhyme or reason sometimes and there doesn't appear to be any legal action that you can take here unless it is for the FMLA itself. Sometimes there is FMLA discrimination about taking leave that other employees may not take. Is this possible here?
The thing with failure to promote is that there are standards for promotions and the bosses never really tell anyone what those standards are. You can approach your supervisor and not find out what the company's reasons are for failing to promote, as sometimes they can't even verbalize it themselves.
If this is because of FMLA, then perhaps it is actionable. It would depend on the circumstances. Do you have an employment contract?
Also, since you work for the state, I'm sure there are more than 50 employees there.
This could be an FMLA discrimination issue.
Some employers will make the mistake of discriminating because of the FMLA. For example,
We can speculate about all kinds of things but this is about the only thing you're telling me that would be actionable -- that is, that you may have a legal claim against the company for failure to promote based on taking leave under the FMLA. The employer may have seen when you've been emotional and may have used that against you. It's unfair, and it's possible that it's discriminatory if this is what they did. In that event, you may indeed have an action against the employer but you'd have to prove that it was FMLA related. You may be able to do that by eliminating other reasons.
Yes but they can't retaliate for your going to the union. That's not legal and there can be an action against them for that too.
They can't retaliate against you for making a complaint or for going to the union. You are protected in those instances by Federal law.
If you think this is because of the FMLA and for no other reason, then you may want to discuss this with an employment attorney in your area to see if you want to follow up with your job, such as a letter to discuss your future at this company and to advise them that they cannot pass you over for promotion due to discriminatory reasons. If that fails, then you'd have to decide whether it's worth it bringing an action against the company. Again, you'd have to prove that it's because of the FMLA that they are discriminating against you, but you'd have to rule out other things. They have their standards of promotion and obviously they will not tell you what that involves and what you need to show them to be promoted. It may have nothing to do with competency. It may have to do with other things, and I'm not agreeing with what they're doing, but I'm just pointing out that from all the articles I've read, a lot of promotion has to do with skills such as aggressiveness, ability to multitask without feeling pressured, etc. There could be many other reasons why they are not promoting and it's not all actionable. Some of it is -- such as taking it out on you because of FMLA -- but for any other reason, it would not be actionable. Also, again, you have the right to go to your union and if there's retaliation, you have the right to bring an employment lawsuit against them for retaliation.
Does this answer your question? Do you want a list of employment attorneys in your area? I provide that at no extra cost to you as a service for my customers to make sure I help you and point you in the right direction. If so please let me know your nearest town/city and I'll find employment attorneys for you -- you'll be able to pick one based on the guidelines I'll give you. That's entirely up to you.
Hi, just checking in to see if you still need help with your question. Thanks!