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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112740
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife became disabled at work. She was crying, said she was

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My wife became disabled at work. She was crying, said she was unable to stop, and didnt know why. She left work and went to our family doctor, the doctor put her off work for three days, prescribed meds to help with sleep. when she returned to the doctor, he put her off indefinitely. Approximately 30 minutes after her employer was informed, she recieved a text from her immediate supervisor. The text read, "While u r off work better find u a new job." The facility administrator also told her during a phone conversation, that when she returned to work she was going to "have a rough road". Am in the process of filing a complaint with EEOC, as we regard both incidents as threats. Have contactrd our local congressmans office, and all documentation will be sent undercover from his office. Also considering a complaint with OSHA re-violence in the workplace. My wife is now seeing a counselor through her employers assistance program and has been diagnosed with Mood Disorder and possible traumatic stress disorder. She is currently on short term disability and has been approved for FMLA. She is worried that if we follow through with the complaints her employer will find a way to terminate her. She works in the private sector and all my experience is Federal. Do we have a good case, and should we proceed as I have outlined?
Submitted: 6 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 years ago.
She needs to file a complaint with the US Department of Labor regarding violations of the FMLA and that text she received is evidence together with the administrator telling her that she would be subjected to retaliation when she returns. At this point she needs to get herself an attorney as well now to represent her against the employer. Very few OSHA claims for violence in the workplace go very far unless there is obvious physical violence, so the FMLA complaint is likely going to be her best bet here.


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Customer: replied 6 years ago.
What about the EEOC complaint re- discriminatio against a disabled person?
Expert:  Law Educator, Esq. replied 6 years ago.
If she has a permanent disability that impairs a major life function, then she would indeed also have a complaint to file with the EEOC as well.
Customer: replied 6 years ago.
Both the text and the threat from the FA came before approval of FMLA. Does this have any bearing.
Expert:  Law Educator, Esq. replied 6 years ago.
If she was out on leave that they knew is leave that would be covered under FMLA it can still be considered retaliation and threats (and actually trying to get her not to use the leave).
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