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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116828
Experience:  20+ Years of Employment Law Experience
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When I completed my six month probationary period at a new

Customer Question

When I completed my six month probationary period at a new job, I scheduled a much needed rotator cuff reconstruction surgery. The damage had rendered my left arm virtually useless and extremely painful. I returned to work from surgery too soon (two weeks later) because I was concerned about my immediate supervisor. Having returned before I was well healed, I had to take another 3-4 weeks offs. When I returned, my immediate supervisor took me off of all the committees to which I belonged saying that I had to work on relationships with staff. Save for a couple of well connected administrative assistants, I perceived no rifts. My immediate supervisor became increasingly unavailable to me. Being the only two people in the Service, I was out of the loop. My immediate supervisor interacted with me only when he wanted me to cover some function of his job for him. He was curt when he did contact me at 5:00.p.m. in response to a question I had posed that morning. If we were in the same place, he would ignore me whereas before my surgery staff perceived us as a team due to an obvious rapport and collegiality. In late January, early February I received a call from a contractor who my immediate supervisor and I had a connection outside the workplace. This contractor was emphatic that the word was that the Vice President at the company wanted me gone asap. she continued to tell me that my supervisors had done all they could do to keep me safe. I was told to prepare to go back home in another city because it did not look good for my employment. I was literally stunned. That call came on a Saturday. When I spoke to my I.S. on Monday, he asked if I had spoken to the contractor. He denied knowing anything about it yet the information could have only come from him to her. On those rare occasions of a special event, I was ostracized. I did not even receive an invitation to a party for the volunteers I oversaw. My director mentioned it in a meeting that morning and I found out. My I.S. made it obvious that he gave me a vote of no confidence by his lack of presence on my campus. When I did not handle a situation (telling someone that they would not be fired) he yelled at me and talked to me in a way no one ever has. I immediately contacted the Director. the story goes on from there. Do I have any recourse. I resigned yesterday citing family health issues. The truth is that I simply couldn't be there anymore. Especially since my I .S. and Director are very close. Perhaps Had I been a man, some things would have been different. I was clearly the odd "man" out when the three of us were together in the same place.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
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Expert:  Law Educator, Esq. replied 1 year 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.

Once you resigned you have harmed any case you may have had. From what you are describing, it sounds like you potentially could have been discriminated against based on your gender, but you did not really give us any specific evidence above showing that. As far as discrimination under the FMLA, if you had not been there at least 12 months, FMLA would not apply, so you could not claim discrimination or retaliation under that law. Thus, the only claim you could have based on what you are saying is you think is sex discrimination, but you need to point out some evidence as to how you were treated differently only based on your sex. If you have that evidence, then your next step is filing a complaint with the EEOC within 300 days of your termination alleging constructive discharge as the reason you resigned rather than be fired and they must investigate and grant you a right to sue letter before you could go to court.

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