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Im just doing some research. I am having difficulties at…

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Im just doing some...

Im just doing some research. I am having difficulties at work of a variety and also have intermittent fmla for GAD/depression and severe IBS. I have been having to use it.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Off handed comments from supervisor "if people would just come to work..." after I have used my fmla, giving me undesirable jobs and setting me up for failure, making me feel like a bad employee even though I got a good review just a few weeks ago. she allowed me to be bullied until the bully retired... I just received an email from leave of absence at my job stating that they would like for me to give them a call to discuss my leave but I was unable to get in tough with someone because the office had already closed.

Submitted: 2 years ago.Category: Employment Law
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Customer reply replied 2 years ago
I was transferred to a new department in march without any input due to my dept moving. I was not given appropriate training, I was not given orientation to the departments procedures and rules (I.E. Pto and holiday rotations). I have had to go to HR.
Customer reply replied 2 years ago
Within 3 months I was on intermittent fmla for anxiety and to go to my dr and therapy appts. and was also out on continued leave for over a week due to a stress breakdown.
Customer reply replied 2 years ago
I believe I have PTSD due to the way I have been treated and have since developed pretty severe IBS symptoms that I am also seeing a dr and have additional fmla for that health issue.
I have begun documenting occurances and dates for evidence and have atleast 2 people that are witnesses to the goings on that I believe will speak for me if the right situation arises but I need to know how to use my fmla and protect myself.
Answered in 25 minutes by:
1/28/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,392
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is against the FMLA to harass, retaliate or create a hostile work environment for use of time under FMLA. Furthermore, the comments can also be a violation of your rights under the Americans with Disabilities Act as it creates a hostile environment based on your disability.
You need to file a complaint with the EEOC, since the requirement before filing in court is that the EEOC has to investigate and grant you a right to sue letter as part of exhausting your administrative remedies. Once they investigate this, they will give you the right to sue letter if they cannot resolve the issue and then you can sue the employer in court.
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Customer reply replied 2 years ago
Can you tell me how to file a complaint with EEOC? And perhaps the type of evidence I need to gather to support myself?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
You can contact the EEOC to file a complaint by going to http://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm
You will need someone who can testify to the comments made by the supervisor and you need to show that you never had these issues of retaliation until you started using your FMLA leave.
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Customer reply replied 2 years ago
I can do that. One other piece of the puzzle is... I had already been diagnosed with my health issues and had them under control with medication etc...and the behavior and treatment I received along with other work related issues contributed to the flare up of my health issues that had previously been under control and when I had meeting with the appropriate people in management ...I was, what my therapist called, Gaslighted ...so the bullying was previous to my fmla but has elevated since. I have been an employee with this company for 12 years and never experienced this type of situation.
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
It still qualifies for hostile work environment because you are still protected by the Americans with Disabilities Act, not only the FMLA.
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Customer reply replied 2 years ago
Is it possible to have a second person take a look at this conversation and also give input. I already know most of what I have been told.. I need some more in depth information about how I should proceed with my work.
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply. You never told us anything about what you knew or did not know when you posted your question, so we have no idea. However, we get customers coming here and even to our offices asking us to tell them what to do and when we tell them the law, which is all we can tell them, they will say, "I read that" well let me explain to you, the law is what it is, there are no real "opinions" just what the law says and we cannot rewrite it to tell someone more.
So if you have specific questions interpreting the law, ask, but unless you tell me what you know and what more you want to know I nor any other expert has any way to know what you want or know what is in your head.
You have recourse as I have already told you, so I do not know what more you would want to know, but would be unable to even tell you more without you telling me what more you want.
So, you want to know how to proceed with your work in WHAT MANNER, you need to tell us specifically, since filing the EEOC complaint is "how you proceed with your work." The EEOC takes your complaint, notifies the employer that it is investigating and this puts the employer on notice of your claim. Dealing with your employer then means only going to work and doing your job, there is no other way to deal with them. You need to let the EEOC complete their investigation and give you a right to sue letter if they cannot do so.
Until that time if the treatment is causing manifestation of physical symptoms in you, then you can seek to go out of work sick until this is resolved and if the doctors say it is from the stress created by the hostile work environment, then you can pursue the claim under workers compensation.
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Employment Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,550
Experience: Years of experience in running a medium sized law firm.
Verified
Hello,
My name is ***** ***** I am another expert with JustAnswer. Law Educated, Esq asked me to take a quick look for a second, sound opinion.
From what you have stated, this seems to be covered both under FMLA and ADA.
The Department of Labor enforces FMLA issues (although one can also use a private legal suit as well). For Violations of ADA can be filed with the EEOC, which then issues a letter which gives the right to sue via civil suit for the violation.
Your expert is on point here. I will turn this over back to him now. Al the best.
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Customer reply replied 2 years ago
Well, I have been keeping a journal of documentation and have atleast 1 witness that will speak up...possibly 2. Can the notes from my therapy sessions and from meeting with HR be used as evidence?
Customer reply replied 2 years ago
How long do I have to gather evidence?
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
I would caution against using notes from therapy sessions because those are confidential and once you admit some of them, the other party can seek all of your psychotherapy notes as you have waived privilege to them. Also, notes from your sessions are just hearsay. You need first hand information from a witness who actually saw behavior towards you or heard comments about you.
You have 300 days to file a complaint from the date of the last discriminatory act against you. Once the EEOC gets the complaint they are supposed to investigate within 180 days and give you a letter. So those are the time frames you have to work with to put your evidence together.
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Employment Lawyer: Ely, Counselor at Law replied 2 years ago

Thank you. You mean that is the court in which the conviction occurred, or, the court to which you wish to appeal?

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Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,550
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Experience: Years of experience in running a medium sized law firm.

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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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