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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I started having medical problems in May my neurologist took

Customer Question

I started having medical problems in May my neurologist took me out of work for three weeks I filled out the FMLA paperwork after recovered from this problem I was sick again and was in the hospital for a week and stayed home for a week now they have found masses in my lungs and a mass behind my stomach I believe my boss is bullying me because I am not at work all the time does he have the right to treat me like that or can I do something about it
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 2 months ago.

It is illegal to harass or discriminate against an employee because that employee has taken protected time off work under the FMLA. Even if there was no FMLA leave or you had already exhausted it, it's illegal to harass an employee on the basis of that employee being disabled, though there is a rather high standard for what constitutes "harassment" in these situations.

Typically the best course of action is to inform your employer that you are exercising your right to protected medical leave under the FMLA and that the FMLA prohibits retaliation or harassment. If their behavior continues, you can file a complaint with the Department of Labor, which is the agency that enforces the FMLA, or you can file a lawsuit in civil court. However, a lawsuit may not make sense if your only damage is emotional distress and juries do not typically return large awards unless the damages are severe and the employer's conduct was truly egregious.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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