California Employment Law

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I received an unsatisfactory review from my supervisor, she…

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I received an unsatisfactory review...
I received an unsatisfactory review from my supervisor, she has never held a supervisory position and was promoted from within the department. I was out on an FMLA leave for almost 5 months and when I returned I was given a job that was less than what I did before I left. I have complained to my HR several times about her making comments about me to other employees to no avail. I was hesitant to go back to work for her after the FMLA leave because of her treatment of me. I am the oldest one in the department (66) and do not necessarily fit in with her style.
My previous reviews under different managers have always been good. Anything I can do?
Submitted: 2 years ago.Category: California Employment Law
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2/16/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,543
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you believe that you are being retaliated against because of your FMLA leave, then you can file a complaint with the Department of Labor, which is the federal agency that investigates and prosecutes such matters. If you believe that you are being treated poorly because of how old you are, you can file a complaint with the EEOC for age discrimination. The EEOC will conduct an investigation into your employer's practices, as well.

Here is a link to where you would file your DOL complaint. Here is the link to where you would file your EEOC complaint.

It should be noted that filing either of these complaints is a form of legally protected activity. This means your employer will be legally prohibited from retaliating against you, and any adverse employment action which you can link to the filing of your complaint with give rise to an entirely separate legal claim for damages.

These would be your options under the circumstances you describe, generally speaking.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago

Was I able to address your concerns here? Please let me know if I can be of any further assistance to you....

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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