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I was treated poorly regarding an opportunity for a position…

Customer Question
I was treated poorly...

I was treated poorly regarding an opportunity for a position at work I was denied the position based on my activity under my family medical leave do I need a lawyer to present a disability discrimination or hostile work environment

Lawyer's Assistant: Have you discussed this discrimination issue with a manager or HR? Or with a lawyer?

No im confused I feel violated I don't know what to do

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I'm employed by a nap will employee no I do not belong to a union

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

That I need guidance and how to handle this situation I just filed a complaint with the EEOC

Submitted: 23 days ago.Category: Employment Law
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Answered in 2 minutes by:
4/2/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 23 days ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,904
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

If you can prove that you didn't get the position specifically because you took FMLA leave, that would be against the law. However, it would not be the EEOC that would handle such a claim, it would be the Department of Labor. Or even more ideally, you would want to retain a local attorney and file a lawsuit in civil court. But again, you would need to prove that you would have gotten the job BUT FOR your FMLA leave. If you can't prove the connection (and you bear the burden of proof), your employer has no general obligation to be fair or reasonable and so passing you up on other grounds would not typically violate the law.

I hope this helps. If there is anything else I can do for you, just let me know. It's my pleasure.

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Category: 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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