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I have was taken off work by EAP and yet during this time I…

Customer Question
I have was taken...

I have was taken off work by EAP and yet during this time I have been denied STD benefits also, I am have been a victim of unequal treatment

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

I have discussed it with HR and nothing has really happened and I have not discussed it with a lawyer as of yet

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

At will..i was salary and they turned me to hourly with the new legisalation

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

I do have documentation with my encounters with HR and the issues that I have had with the Manager

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 day by:
3/22/2018
Employment Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
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Hi, I'm Josie, a moderator for this topic.
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Customer reply replied 3 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 3 months ago
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Customer reply replied 3 months ago
I am
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 969
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Can you tell me in what state you are located so I can be sure to provide as thorough a response as possible.

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Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

With EAP - Employer Assistance Programs - provide (or are supposed to provide) confidential resources to help employees work through personal issue that may be impact their health or job performance. These issues can include stress, legal issues, office stress (such as problems with managers), family stress, and the like. Depending on the reason you sought assistance through the EAP, any leave that resulted from services or recommendations offered may or may not qualify you for short term or long term disability. As not every problem addressed by EAPs will meet the definition of a disability. That said, the entire purpose of these programs is to provide assistance to employees, not to put them in a worse situation than they would have been had they never sought that assistance.

If you believe you have been treated differently than people who were what the law calls "similarly situated" - in other words people in similar positions with similar issues - then you may have a legal claim. Since you have discussed the situation with HR and do not appear to be getting a response, you may want to consider filing a formal complaint with them (if you haven't already) to ensure any required investigation under your employer's own policies are triggered. Sometimes employees believe discussions with HR and complaints are the same or should have the same result but often a more formal, written complaint may be necessary.

It is also not common for EAPs to have any authority to take you off duty; so I am not sure how that would've happened except in very limited situations; so if you have more information about that I may be able to provide a more comprehensive response.

I hope this is helpful. If you need additional assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 3 months ago
Good afternoon Wendy,
I am Michigan
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

Thank you. There is a lot more to add from Michigan. But I do want to point out that sometimes if you do not qualify for short term disability but your condition was caused by your employment (e.g., stress of manager harassment caused mental health issues or physical health issues) you may qualify for Workers' Compensation. You may want to consider, along with a formal complaint, inquiring with HR about submitting a workers compensation claim.

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Customer reply replied 3 months ago
I have filed a formal complaint. However, it still does not seem like there is any movement. Do I have any other legal recourse although I have documented all of the situations that have occured.
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

Generally, my advice is to allow the complaint process to be completed, though that is often not as fast a process as it should be. You should also know that you are likely protected from any negative actions toward you in response to the complaint - such adverse employment actions could be deemed retaliation against you for making a complaint. You may also want to check in regularly with your contact in HR to whom you reported the issues. If you do not believe you are getting the response that you should, if there is someone else in management - not your direct manager - you may consider approaching that person. If more time passes with seemingly no action and no one is providing you any updates on the status of your situation, that may be the time you may want to consult a local attorney in your area who can evaluate what claims may exist outside of the internal complaint procedures of your employer.

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Customer reply replied 3 months ago
As a result I feel that I was forced out and I gave my 2 weeks because if the hostile environment...and I still take action... This has been going on for 2+years.
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

You can still take action even after a resignation. If you were forced out, it is what is known as a constructive discharge, meaning that though you were not affirmatively asked to leave/fired, a reasonable person would have believed they had not choice but to leave because the environment was such that that person could not perform the job under those conditions. If you filed a complaint with HR, you need to consider whether you want to request in writing that they complete any ongoing investigation - which they may or may not do after you leave - and/or if you want to report the hostile work environment through the EEOC/government agency complaint process.

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Customer reply replied 3 months ago
In your opinion, would the EEOC be a better avenue than consulting an attorney?
Employment Lawyer: Attorney Wendy, Lawyer replied 3 months ago

I might consult with an attorney first as they may come up with other options to consider, and they can help with the EEOC filing as well if necessary. You can also do that without legal counsel, but obviously having someone who an make sure you present the best case is always helpful.

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