Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I would like to know my rights and how to proceed with my

Customer Question
Hello: I would like...
Hello: I would like to know my rights and how to proceed with my current job. my boss has established a pattern this past year of discrimination, and now retaliation against my dealing with on-going medical issues. More specifically, while i was out on FMLA for two months, I return this month to hear from subordinates and colleagues that there was a 'restructure' while I was out, which affected my role. I ask him directly about whether or not this was true and he admitted yes, with a slew of excuses and details around the justification and how it was determined by him and two more senior staff than him. I contact my employer's HR and then have another meeting with boss who is now lying about having 'misspoke' and that my role is not actually changing. Having felt alienated, disrespected and retaliated against and being in a hostile environment, I cannot trust my boss and want to just leave at this point. I would like to know my rights and whether or not I have any weight to pursue legally, or if it will all be hear-say at this point?
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 8 minutes by:
10/8/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Hearsay isn't the issue here. You are allowed to testify to what a party opponent said, a common exception to the hearsay rule. So, that's not the concern.

The concern is that an employer is legally allowed to change their employee's jobs, even when that person has recently used FMLA. What is not allowed is the employer changing a person's role simply because they used FMLA (meaning the reason for the change was the FMLA use).

Furthermore, you stated that the change isn't actually taking place, which would mean that you couldn't even point to the change as an adverse action. Just talking about a change and not actually doing it doesn't rise to the level of discrimination or retaliation.

You also mentioned a hostile work environment, but didn't really mention any specifics about the treatment that you are referring to (the only example was this change in role that didn't ultimately happen). You may certainly have many other facts that support a hostile work environment claim, but you appear to have leaned very heavily (in this post) on the employer's statements about changing your role, which is not enough by itself to create any sort of claim.

If you can point to a number of areas of harassment and then add on top of that these statements about changing your role (and then their back-peddling after you called them on it), then it would be worth filing a Department of Labor FMLA investigation request.

Leaving the employer though, at this point, would end up limiting your claim and could extinguish it altogether.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
19,430 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,430 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it harassment and discrimination when a woman verbally
Is it harassment and discrimination when a woman verbally attacks another woman and their supervisor says "She doesn't play well with other women."? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I am being retaliated against with a company for turning
I am being retaliated against with a company for turning their recruiter in for sexual harassment and they withdrew their offer even though I have fulfilled my end of the offer. What can be done? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I had an incident at work that created a hostile work
I had an incident at work that created a hostile work environment for me and I want to know if there are basis for a law suit … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,430 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I asked for FMLA PAPERWORK AND WAS FIRED. Arkansas I am also
I already have intermittent FMLA for narcolepsey and am covered by the ADA. I was fired because they said that I was over the companies 80 hour rule. However after further investigation. I was actually at 79.25 hours.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If there were many items of retaliation within the 300 days
If there were many items of retaliation within the 300 days - do I list everything by DATE of occurrence or ...? I guess, give Me an idea of exactly what the LAW views as "retaliation"?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
19,430 satisfied customers
I am the victim of retaliation in my job and have been
I am the victim of retaliation in my job and have been demoted in title, but not in pay. HR claims that it is not a demotion because my pay has remained the same. … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I have been dealing with a hostile coworker in my workplace.
Hi, i have been dealing with a hostile coworker in my workplace. She works under my direction and supervision. She has a close relationship with my director. When she is asked to do something in workp… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I am having retaliation issues from employer due to worker
I am having retaliation issues from employer due to worker comp. what can I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was on FMLA which my employer allowed to go into a medical
I was on FMLA which my employer allowed to go into a medical leave. I have returned to work, my position has totally changed (demotion) as a contract admin with a JD I am now doing a new MSA and Subco… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
After retaliation for FMLA filing, company holding my
After retaliation for FMLA filing, company holding my personal effects to get my company cell phone passcode. I don't want them reading my texts. What to do? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x