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Allen M., Esq.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15603
Experience:  Lawyer and legal specialist.
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I asked now my former employer for a personal leave of absence,

Customer Question

I asked now my former employer for a personal leave of absence, I knew under the law I was not covered by FMLA,and was only at this current job for 2 months. I also understand that any job per policy has the right to deny the leave if it will cause a bruden on the department you work for. I was given exactly 3 reasons why I the leave would not be granted . 1. "it is a burden on the department" 2.My acting supervisor stated"the other nurse and I spoke,I can handle the extra load but she can't",that nurse denies the conversation ever took place by the way,I was never included in the meeting.3."you are a girl and a nurse and the fear is you will not come back because usually in this situation a girl ends up taking care her family member ,in this case your dad",my acting supervisor then included "if both of my parents were alive,I know I would have to" of course this is just a shorter version of the story. I have contacted the EEOC,who state I have a legitimate claim and i should preceed in accordance. I am happy to state that I left with an impressive reputation in the 2 months I worked there,I was actually asked several times please do not leave ,you are the only one who gets things done here,you are the stronger nurse etc... The other issue is my acting supervisor has a reputation at this facility of hiring her friends for my position and what other staff members refer to as weak nurses with a high turnover rate. I believe her hiring tactics are at the very least questionable. Prior to her becoming the acting supervisor we had two unfriendly confrontations but as a professional you forget and move on,I feel I intimitaded her because she also could not deny the repI had built in such a short time. This has never happened to me before I feel like i was being puished for being an employee who actually works! My question is ,what should i do next,what kind of case do I have?
Submitted: 3 years ago.
Category: Legal
Expert:  Allen M., Esq. replied 3 years ago.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

If you are presently working with the EEOC, you need to allow them to complete their investigation and perhaps go through mediation with them and the employer.

If that doesn't work out, then you'll have to hire a local employment law plaintiff's attorney to actually bring a claim in federal court for discrimination based on gender.

I don't see your case as being particularly financially strong, in terms of easily recognizable damages. The jury would have to want to use punitive damages to punish the employer. Those are very speculative and it really depends on the jury itself. That's problematic.
Customer: replied 3 years ago.
Does the EEOC fine the company,if their hiring practices are questionable?
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Allen M., Esq. replied 3 years ago.
I see that you relisted the question after giving me about 1 minute to answer your follow up question. It takes a little longer than that for me to even get the email that you've asked a follow up. I promise, I'm working as quickly as I can.

The EEOC is not a court. They are government agency that investigates. To have anything actually done, there has to be a court.

Now, if the EEOC finds cause and explains that to the employer, the EEOC and employer can come to an agreement on fines and damages, but that almost never actually happens.

What usually happens is that the EEOC investigates, potentially finds cause, at the least finds some helpful evidence and then provides that evidence to you. They will then try to negotiate a settlement between you and the employer. If that fails, they'll give you a right to sue letter and send you on your way.

Maybe 1% of the time, the EEOC will actually sue the employer themselves in federal court. The rest of the time, you have to sue on your own.

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