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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13980
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Well, I work in a hostile work environment and do not want

Customer Question

Well, I work in a hostile work environment and do not want to go back and I have plenty of proof that management is especially hostile towards me since I spoke up for myself on being moved to a different job against my will. It has been a trying 3 and a half years.
JA: Are you overseas or stateside?
Customer: stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: I am a federal technician and have gone as far as the IG in the last couple years and am currently working with one of our federal technician union stewards.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My last straw was the recent denial of justified FMLA from my first and second line supervisors on my technician side of the house. The initial decision and adverse action were rescinded and FMLA request approved, but this is another instance of many, with not only me, that have been mistreated.
Submitted: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a specific question regarding this?

Customer: replied 2 months ago.
sorry it is confusing, I am a National Guard member and also a federal technician who wears a uniform like active guard reserve. I severely re-aggravated some of my service connected injuries while on active duty drill weekend. I have not been back to drill or work on Monday thru Friday yet. I informed my M-F supervisor that i needed to exercise my right to FMLA. I was greeted with a termination that was put in affect and has just been rescinded in the last 2 days. It was a direct violation of my FMLA rights. Specifically:
Section 105 of the FMLA and section 825.220 of the FMLA regulations prohibit the following actions:
An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right.
An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
An employer is prohibited from discharging or in any other way discriminating against any person, whether or not an employee, for opposing or complaining about any unlawful practice under the FMLA.
All persons, whether or not employers, are prohibited from discharging or in any other way discriminating against any person, whether or not an employee, because that person has —
Filed any charge, has instituted, or caused to be instituted, any proceeding under or related to the FMLA;
Given, or is about to give, any information in connection with an inquiry or proceeding relating to any right under the FMLA; or
Testified, or is about to testify, in any inquiry or proceeding relating to a right under the FMLA.
Examples of prohibited conduct include:
Refusing to authorize FMLA leave for an eligible employee,
Discouraging an employee from using FMLA leave,
Manipulating an employee’s work hours to avoid responsibilities under the FMLA,
Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or,
Counting FMLA leave under “no fault” attendance policies.My first and second line supervisors on my full-time job (a CW4 and COL) are playing games with my life. They have caused significant stress, distress, and unnecessary pain and suffering for me and my family.
Thank you. I hope this clears things up a bit.
Expert:  P. Simmons replied 2 months ago.

Thank you...again, I am sorry for this dilemma...but I do not see a question. Would it help to speak on the phone? I can offer that for a nominal additional cost ($5)

Let me know

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