Employment Law

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I need a employment lawyer ASA. Both. Not sure but it’s

I need a employment...

I need a employment lawyer ASA

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Yes both

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Not sure but it’s hourly I believe at will

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

None other than being targeted and constant harassment

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Answered in 1 minute by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,123
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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Are you being targeted based on your race, religion, gender, age, disability or FMLA use?

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Customer reply replied 1 month ago
My daughter was employed there for 3 years and was terminated 1/2017 when I started. I have been having issues all year

I'm sorry to hear that you've been going through these issues.

Was the harassment based on your race, religion, gender, age or disability?

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If not those, why then do yo think you are being targeted? For what reason or on what basis?

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Customer reply replied 1 month ago
Based off whatever reason my daughter was terminated for. I did not think they would use that against me as I was hired and qualified for the job. My first supervisor did not like me and constantly put me down talk negative about me and was very dry with me. I also was written up constantly on a weekly basis. The 2nd supervisor which is the current does not like me and Im receiving the same treatment from him. He told me to get on fmla for my son so attendance wouldn’t be a issue so I did. I left today on fmla and another co worker called me to tell me that my manager and supervisor were on the call center floor discussing my personal business in front of others and also said let’s get a corrective action together. Ive also filed a complaint with the civil rights commission and they discharged the claim without looking into it.

Unfortunately, the civil rights commission discharged the claim because legally you do not have a claim on your facts.

Harassment within the workplace is only illegal when it is based on one of the factors that I asked you about, race, religion, gender, age, or disability. This comes from the Supreme Court of the United States, who stated that our employment laws are not a civility code for the workplace, but are narrowly tailored to deal with the forms of discrimination I mentioned.

So, having a negative preference for you based on your daughter's termination would be legal.

Now, you did mention FMLA leave. If you can try to connect this harassment to your FMLA leave use, that may be something to try. You'd need to contact the Department of Labor (federal) to make that complaint. However, if they were treating you this way before any mention of FMLA was made, that works against 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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 1 month ago
Well it’s kind of hard to determine why or what. It’s like I was prejudged off of whatever my daughter did or said. All I know from day one management was and still is very dry with me. The first supervisor I thought when I got off his team it would stop but then I got a new supervisor and he’s treating me the same way. I told my manager in January about how he was targeting me and all he said was let me talk to him. Nothing has changed.

I agree that it can be difficult to know why they are doing it.

However, if you take the position that this has anything to do with your daughter, you are giving up any chance of a claim here, because that would be entirely legal.

The only way this is illegal, on your facts, is if it is based on your FMLA use. Or rather, the only way you can even frame this as something potentially illegal is if you can allege that you believe it is based on your FMLA use, and nothing else. Any mention of your daughter, and you basically hand them their defense to your claim.

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Customer reply replied 1 month ago
I understand. That’s the only thing I could think of as I was a new employee like the others that started with me and no one else is being targeted. Other employees that I started with see it and always ask why do they mess with me or why they don’t like me? So I know I’m not crazy. I was told to get on fmla and now I’m being messed with about that.

If they are messing with you about FMLA, then it is much more reasonable to file a complaint with the Federal Department of Labor for FMLA harassment.

That's really the only option I see on these facts.

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Customer reply replied 1 month ago
Thanks so much for the information

No problem. Take care and please rate my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,123
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Allen M., Esq.
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Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,123
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Experience: Employment/Labor Law Litigation

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