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I was wrongfully terminated from a union based company. My business agent filed a grievance and got my job back in nine days. Two months prior to being terminated, the manager told my shop stewards he wanted to get rid of me. I'm currently ill and due to my medical condition I was granted FMLA. The termination was based on my FMLA and is the reason why I'm being discriminated against. I have records of grievances I won from the company 's persistent discriminatory actions against my person. I also have in my possession written declarations of people who are willing to testify in a court room if necessary.This company not only violated state FMLA and HIPPA law, invaded my privacy by contacting my Doctor (also willing to testify) demanding to have access to my medical records without my written consent, retaliated after I had filed complaints about management, willfully and intentionally tried to manipulate a supervisor into lying so I wouldn't receive moneys owed due to underpay. HELLLP

Submitted: 445 days and 8 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Lake Elsinore, California

Already Tried:
Nothing.

Posted by PaulMJD 444 days ago.

Answer

In addition to your union grievance, you have a right to file a complaint with the EEOC for violation of your rights under FMLA and you can file a complaint with the Department of Health and Hospitals for violation of your HIPAA rights. Based upon what you have stated the employer certainly has appeared to have violated your FMLA rights and the EEOC should issue a right to sue letter upon your providing them with all of your evidence. You would then be able to hire an attorney and sue the employer for the violations. However, if your employer has remedied the past situation, your right to recovery may be reduced.


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441 days and 21 hours ago.

Reply

I thank you in advance for the response, I'm looking for a way to sue these people for discrimination and harassment besides filing charges under FMLA and HIPPA laws. I have a folder full of evidence that I think will make my case solid. The Supervisor that is willing to testify against the Manager has already accepted to back me up being a witness on how I have been discriminated thru out these past three years. My FMLA is related to the stress I've been going thru. I've missed a lot of unpaid time from work due to my leave. I have numerous written statements and delarations that prove I was treated different from the other drivers. There was so much pain and suffering that my family and I have endured just because there is a Manager out there trying to show his abuse of power by making my workplace a living hell. I just want justice brought up. I want these people to pay for all the emotional and economical damages that they have caused. I am the only provider in my family, I support my loving wife and my beautiful five children. My home is currently being reviewed for Pre-Foreclosure due to the the unpaid lost time from work (almost two 1/2 months) just from 2008. I have proof to everything that I have explained to you. Due to this, I'm currently under medical and psychological treatment and have been taking medicine, which now I have to take for the rest of my life. After filing a law suit to the company, I want to open a personal law suit to the Manager that is in charge of everything that happened to me. Please let me know what you think. Thank you very much for your time.

Answer

You cannot sue them until you get a right to sue letter from the EEOC. Additionally, when you are in a union, aside from your discrimination claim all other complaints must go through the union. You would also possibly have a suit for negligent infliction of emotional distress to add onto your discrimination suit since the distress has caused you physical problems. However, the law requires you to go through the EEOC or commission on human/civil rights before filing suit for discrimination and requires you to go through your union for any other type of complaint before you can file suit.

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Expert: PaulMJD
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Answered: 9/8/2008

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20+ Years of Employment Law Experience

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