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Sure I have returned back from FMLA intermittent - been back…

Sure I have returned...

Sure I have returned back from FMLA intermittent - been back 6 months and now they are starting to write me up developing a paper trail I am a 3 plus year employee

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes recorded

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

At will

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

Ft

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Answered in 1 minute by:
3/9/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,132
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
Since I have returned from
Fmla I a a VP of a company and they just issued a written warning that’s just ridiculous- I have a perfect 3 year work record they were not happy when I took fmla however I believe now they are starting a paper trail also 4 days before I returned to work a worker in my office who is living with the VP of Hr went in to my locked office and took a bottle of wine and told another worker in the office I guess he dose not need that any more -went in for Alcoholism

I see what you mean. I'm sorry to hear about that.

This to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law at the Americans with Disabilities Act (which prohibits discrimination based on disabilities - alcoholism is a disability). The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 300 days. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

How else can I help you today?

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Customer reply replied 1 month ago
I am thinking about negotiating a package out including my bounus that is due in April any thoughts also am o protect while I file a formal complajmt

I see what you mean. If you negotiate a settlement, you may have to agree to withdraw or agree not to bring a complaint. But if you bring a complaint, they cannot retaliate against you under the law.

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Customer reply replied 1 month ago
Which Frist complaint or negotiation

Go negotiation first. If that doesn't work, then go the complaint route.

How else can I help today?

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Customer reply replied 1 month ago
Can you refer me to s lawyer out side of lake Charles la - it’s a pretty tight town

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the Louisiana LRS - click here.

You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

Did you have any other questions for me today?

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Customer reply replied 1 month ago
Thank you I am good

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Customer reply replied 1 month ago
I got the negotiation can I still file fmla -
Customer reply replied 1 month ago
Fmla grevience
you can:)
Legal Eagle
Legal Eagle, Lawyer
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Experience: Licensed to practice before state and federal court
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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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