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My dr put me off work for 2 weeks due to anxiety & stress

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I've suffered from our director...
My dr put me off work for 2 weeks due to anxiety & stress I've suffered from our director. She is cruel to me. She has told me numerous times that she doesn't like me. She even told my supervisor "I don't care what she's done put her on paper for EVERYTHING & help me get her ass out of here. Yet my job performance is referred to as "one of the best in the building". I considered filing a Grevance against her but I am terrified of the repercussions.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: TN
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Ft TN is at will but I've been there 7 years. HR is saying this will be considered OJI vs FMLA I want to know which is better.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This director has bullied me for years. Everyone in there jokes about Her hating me. I just can't take it anymore.
Submitted: 6 months ago.Category: Employment Law
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Answered in 10 minutes by:
5/9/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,342
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.

In employment law, unless you can allege that the basis for treatment is your race, religion, gender, age, disability or recent FMLA use, the treatment is not illegal. Many mistakenly believe that the term 'hostile work environment' should apply, and from just the term it certainly sounds like it should. However, the Supreme Court has specifically defined that term to only include harassment based on the factors I mentioned above.

This is important because filing a grievance isn't a protected activity unless you are also complaining about discrimination based on one of those factors. Your fear of retaliation then makes sense, because without being able to allege one of those factors as the motivation of this treatment, you aren't protected in your grievance by federal or state law. Your employer may have policies which create their own protection for grievances, but your recourse then would be through a lawsuit against the employer for not enforcing their own polices, and such lawsuits only work once you've left the employer.

For these reasons, I believe FMLA is better for you than OJI. Using FMLA gets your situation under Federal law protections and then any continuing harassment following your FMLA use, you can allege it based on your FMLA use in retaliation. That would allow you to get the Department of Labor involved and any continuing retaliation from the Director then would contribute to your claim.

If you have any further questions or other facts that you would like me to consider, 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.

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Customer reply replied 6 months ago
I do believe my race has a lot to do with it. I'm white & she's black. She only hires black employees now. She's made racial slurs & her FB is full of "F the police" & "black lives matter". Yet without police she wouldn't have a job! She's a terrible person & a bully of the worst kind. How can you tell me repeatedly that you don't like me & tell my supervisor to set me up to be fired. He tried to explain to her that I don't do anything wrong. She told him to find something. She's the devil. My daughter was having a c section this past Saturday & I submitted time to be off but she didn't grant it bc she moved someone from my shift to cover somebody she does like on day shift.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago

Have you made that allegation to HR? Technically, you don't have to do that. You could go straight to the EEOC; however, the stronger claim and more protected position is to make that exact complaint to HR.

Now, you asked a question I want to address. "How can you tell me repeatedly that you don't like me & tell my supervisor to set me up to be fired?" In employment law, unless the reason is one of the factors I mentioned, you can do it because it's entirely legal to do. The Supreme Court has specifically stated that our employment laws are not a civility code and, in the absence of illegal discrimination based on one of the factors I mentioned, this would be considered workplace politics and not something employment law handles.

However, because you believe race to be a motivating factor, you have the ability to make a legal claim out of it by complaining to HR about perceived race discrimination and then going to the EEOC (or going straight to the EEOC).

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Customer reply replied 6 months ago
She definitely goes out of her way to exhibit signs of her distain for me in front of all my co-workers. I'm highest in seniority on my shift by about 4 years to the other employees. Recently she send an email to just my shift that while our supervisor was on vacation we would not have a shift leader. Which would've been me. On day shift & night shift that rule still applies. It's only different for my shift which was another way to strip me of any kind of leadership role. Yet they all still come to me. It's humiliation at its finest.
Customer reply replied 6 months ago
I have insinuated to HR that I feel she's racist & extremely unprofessional. For example one of my co-workers found another city related job. He came by dispatch to tell her what was going on. She wasn't there. So he asked me to let him know when she's back & for how long? When I asked her before I could even finish she says "you tell Justin I SAID he can shut his little bitch ass mouth up". I reply with well I won't say that. She stands up & is now pointing her finger in my face saying NO I WANT YOU TO! Then continues to repeat it a million times. I was so uncomfortable I just walked out. Also, if you expressed any dislike in regards ***** ***** she would isolate you for a short period of time & you'd be deleted immediately from all her social media.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago

I'm sorry. I was away to eat dinner.

Thank you for the additional facts. Did you have any other questions concerning these facts? While they certainly indicate the potential for a racial motivation, they don't really change the advice I've given at this point. The legal position remains the same.

You can go directly to the EEOC if you wish, but the better option is to first expressly state that you are making a complaint of racially motivated discrimination and harassment. Insinuations can be argued to have given notice, but it is legally better to not have to make that argument. Just make an explicit HR complaint and remove all doubt.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 6 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
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Category: Employment Law
Satisfied Customers: 19,342
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Experience: Employment/Labor Law Litigation

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