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I returned back to work from disability leave. I'm the lead…

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I returned back to...

I returned back to work from disability leave. I'm the lead surgical tech and when I arrived I feel my job is trying to demote me. I'm now filling out the schedule like every other staff. The employee I reported for hostile and undermining is now working my schedule and department. I reported my job for harassment and discrimination and still feel it. IS my job safe when returning from disability?

Lawyer's Assistant: Have you discussed the demotion with a manager or HR? Or with a lawyer?

I get attitude and even me asking a question I get the cold shoulder. I asked about my hours and no answer. I'm not demoted they aren't saying that they are treating me as is.

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

No union, I've been there for 5 plus years.

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

I have had the employess forge my initials, create a hostile environment. Meetings with staff to accuse me of issues I never did. The employee has undermined me and went around me and management allowed it. And now when returning I'm treated the same. My Manager is delaying filling out paperwork for me to take a certification test,

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 day by:
5/27/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,751
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your concerns:

I returned back to work from disability leave. I'm the lead surgical tech and when I arrived I feel my job is trying to demote me. I'm now filling out the schedule like every other staff. The employee I reported for hostile and undermining is now working my schedule and department. I reported my job for harassment and discrimination and still feel it. IS my job safe when returning from disability?

Response 1: Unfortunately, no. The employer cannot guarantee that your position would still be there upon your return. You could be placed in a different position based on the employer's needs. However, the employer CANNOT discriminate against you based on you taking disability leave. So, the change in assignment must be based on reorganization of your department and not because you went on a disability leave.

I have had the employess forge my initials, create a hostile environment. Meetings with staff to accuse me of issues I never did. The employee has undermined me and went around me and management allowed it. And now when returning I'm treated the same. My Manager is delaying filling out paperwork for me to take a certification test,

Response 2: At this point, you would need to file disability discrimination complaint against your employer with U.S. Equal Employment Opportunity Commission ("EEOC"). You do not need an Attorney to file this complaint. EEOC has intake workers who assist claimants to complete the charging form. Click here for more information on the complaint process.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
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Thank you for your cooperation.

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Customer reply replied 2 months ago
Thank you, ***** ***** inform me of the reorganization? My position is still the lead. It just seems as if they are hiding me in rooms. And also they are unwilling complete paperwork for me take a certification test my boss lied and said the email was blank and now is just holding the form.
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you, ***** ***** inform me of the reorganization?

Response 1: Yes, they must if that is the case.

My position is still the lead. It just seems as if they are hiding me in rooms. And also they are unwilling complete paperwork for me take a certification test my boss lied and said the email was blank and now is just holding the form.

Response 2: I am so sorry to read about this. This would be part of your disability discrimination complaint.

Best wishes,

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Customer reply replied 2 months ago
Thank you
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">You are quite Welcome!<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt"> <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">Kindly use the popup/rating screen to give a 5-star rating so that I can receive credit for responding to your post.<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">Thank you for your cooperation.
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