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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118772
Experience:  20+ Years of Employment Law Experience
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I am a paramedic with a county ambulance service here in W.

Customer Question

I am a paramedic with a county ambulance service here in W. Va. I was in a position as a field supervisor. I was going through treatments for cancer (radiation therapy and chemo in pill form). I did not miss any work for my treatments, but my wife developed ulcerated colitis that required multiple surgeries. At that time I had discussed with the executive director about the FMLA for intermittent days ONLY, due to occasion surgeries or treatments for her. He became very vocal and threatening with me and began presenting me with actions from the Boone County Ambulance Authority Attorney. I called, spoke to a representative from your agency in the Charleston, W.Va. office. I think I have his name written somewhere in my records. That representative took the name and telephone number of the Director, contacted him, then called me back stating that I should not have any further problems. Since then I was demoted from the supervisor position with a deduction in pay, not only the the differential from field paramedic, but additional hourly deduction also. Since then I have been targeted, have been suspended from work without pay on two occasions, and have supposedly had several write ups placed in my personnel file that a member of the Board of Directors advised me that I might want to check on. I have been unsuccessful at having access to my file. Also recently, two other employees were in a Boone County Ambulance Authority service vehicle, were rear ended by another vehicle, and are being threatened and harassed as well. The director threw a chair at him. These employees would be glad to speak to someone if they could receive some assistance. I do not know if you are from West Virginia or the Charleston area, but this is the same director that has been in the newspaper and television news for receiving an unsecured "loan" from the Board of Directors for $103,000.00 to enhance his personal retirement account. Multiple state and federal agencies are investigating that situation. But I am tired of being threatened by this director and Assistance Director, having my pay cut, and being harassed because I am 60 years old and have gray hair. if you can assist, I would sooo greatly appreciate any assistance.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The employer cannot discriminate against or retaliate against an employee for seeking FMLA leave. If the employer has done this to you since you asked for FMLA leave, you need to file your complaint. If the employer further harasses you, that is an additional cause of action that you can sue for to obtain additional damages over and above the retaliation under FMLA.

Do not be afraid to file your complaint for FMLA discrimination and retaliation with the US Department of Labor. Also, file a complaint with the EEOC for hostile work environment in retaliation for requesting FMLA for the harassment you are receiving and if they try to take any other actions against you, then you have an additional suit for retaliation for filing the complaints.

Once you file your complaints with both the EEOC and US Department of Labor, you should immediately be seeking a local employment law attorney as well, because you are likely to get a right to sue letter and you want to have an attorney ready to file suit as you only have 90 days from that letter to file your suit.