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I am an HR Director. I believe I have been instructed by my…

Customer Question
I am an HR...

I am an HR Director. I believe I have been instructed by my HR corporate superiors to violate FMLA regs, and I also full expect (due to what I perceived as a verbal threat) to be disciplined and/or fired for my actions. I was in the process of issuing a corrective action to an exempt employee (per their instruction), requiring him to work 6 days per week and 9 hours per day. As soon as I told him this, he disclosed that he believes he may have cancer, is having a biopsy the next day, "will be pissing blood" and was told he had to take it easy for the following days and he said that he expected to have to miss more work because of it, and would not be able to work 6 days per week/long days. Because of this, I did not have him sign the corrective action, but instead offered to get him FMLA paperwork for his doctor to certify/verify what he was telling me to see he might qualify for FMLA protection. Was I in the wrong, or would I have a case if I am disciplined or terminated for this?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Wisconsin

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time, exempt. He is a 20 year member of management.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I do believe they will try to discipline or terminate me over this in the coming week. There was a sense of intimidation and bullying.

Submitted: 6 months ago.Category: Employment Law
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8/5/2017
Employment Lawyer: Ray, Employment lawyer replied 6 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,144
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 6 months ago

You might choose to go on and file EEOC complaint here claiming age discrimination and any other classes.If you file prior to termination then you claim retaliation over the firing.This gives you the best protection against firing or if fired retaliation as well.I think this is your next move , you could argue the directives singled you out here for age discrimination and real intent was to get rid of you and replace you with younger worker.

EEOC

http://professional.justanswer.com/chat/index/e790b58fec0746a388a20cd304c0fbc9

If they fire you claim retaliation and file another complaint with EEOC and sue them.

I appreciate the chance to help you today, thanks again and the best here.

If you can positive rate 5 stars it is much appreciated.

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Employment Lawyer: Ray, Employment lawyer replied 6 months ago

Employment Lawyer for you here..

Call Us: You can reach LRIS by phone at(###) ###-####or(###) ###-####(in Dane County and outside of Wisconsin). We are open Monday through Friday from 8 a.m. to 5 p.m.

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Ray
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 45,144
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Experience: 30 years in Employment law

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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).

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