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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5557
Experience:  Exclusively practice labor and employment law.
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I have been out on FMLA w ill hubby, resulting in applying

Customer Question

I have been out on FMLA w ill hubby, resulting in applying for short term disability in WY. Just 3 days ago I needed something from my office. I called a colleague and left a voice message, called a second employee no answer, then texted (our colleague's usual way of communicating). I texted the program director and the 2 colleagurs above. Finally, a close friend and colleague told me via textI that said " I cannot contact you, we have been threatened to lose our jobs if they talk to me while on FMLA". Mind you, this last text was on a Sunday, a non work day. Another staff told me the phones were down. I have reported the hostile toxic work environment prior to taking leave of absence FMLA. ( Its a publicly traded corporation so I do know there are restrictions about discussing finances, number of clients, anything that pertains to public trading or SEC information.
PS the lady who told me she cant contacct me has also reported bullying by this lady, and I took my bullying issue to HR, and the program directors boss, different from my boss as I am under a different section, quality assurance.
Submitted: 5 months ago.
Category: Employment Law
Expert:  John replied 5 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Expert:  John replied 5 months ago.

You are not supposed to be "working" at all while on FMLA leave, nor may the employer knowingly allow you to work...or it doesn't count as FMLA time off and/or you can claim unlawful denial of FMLA time off. So, I do understand why they are prohibited from allowing you to work. What I don't understand is why they wouldn't just explain that to you, and I don't understand the job threats. Thus, while I'm not of the opinion that this is FMLA retaliation, it is just poor management.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 5 months ago.
I have no intention to work, nor were the contacts I made work related. I requested a photo of my diploma hanging on my office wall. Medicare credentialing only gave 3 days to respond . One more clarification is I'm not on FMLA as of 1/17 continuous FMLA stopped by Dr. And short term disability began. Due to the history between me and progrm manager and HR agreement, and to tell all other staff not to talk to me, or risk losing their jobs sure feels like retaliation, and does that also fall into Fair Labor Standards on their behalf? As well as mine.? See attached
Expert:  John replied 5 months ago.

I see. This could be considered FMLA retaliation. What you will want to do then is file a charge with he Department of Labor for retaliation. you can file a charge here: https://www.dol.gov/whd/howtofilecomplaint.htm Hope this answers your questions. Thanks

Expert:  John replied 5 months ago.

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