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Patrick, Esq.
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Category: California Employment Law
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Can an employee returning from FMLA file a restraining order

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Can an employee returning from FMLA file a restraining order against the HR manager of her employer without fear of retaliation by the employer? Employee was in the process of returning from 4 week FMLA leave. Employee was advised via email on Friday by HR Manager that the employee could not report to work at her normal time the following Monday, instead to report directly to HR at a time later in the day( note - employee was not suspended, just out on FMLA, so not sure how HR could 'order' employee not to report to duty station). During the meeting HR manager was hostile, yelling, screaming, 'in your face' attitude to the point where employee felt threatend for her personal safety. Other harassment issues related to FMLA exist to the point employee is going to seek local legal advice howerver the physical fear is so great that advice is needed on the restraining order quick. thanks!
Hello and thank you for entrusting me to answer your question.

Yes, you can obtain a civil restraining order if you believe that your personal safety is in danger. Visit this link for more information on filing for the order:

Furthermore, employers are prohibited from harassing or threatening reprisals against employees for exercising their rights under the FMLA. Any adverse action that would dissuade a reasonable employee from exercising his or her FMLA rights can support a claim for retaliation, and in extreme cases, can substantiate an award of punitive damages against the employer. Of course, conduct by an employer that amounts to petty slights, minor insults, and other trivialities will generally not support a retaliation claim under the FMLA.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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