Legal Question in Medical Leave in California

forced to work long hrs. after returning from FMLA

I returned to work the day my FMLA was finished. Before going back to work I spoke to my boss and told her that I would not be able to work long hours or work very late because I am a single mother and beside babysitters being expensive, there are none that will take care of my daughter until 1 a.m. At first she agreed but the day I returned to workk and everyday since, she keeps threatning to fire me I dont work double shift and long hours. She also says she will fire me but write down the reason as if I left or quit o my own. Im going crazy with the extra work Im being forced to work. Is there anything I can do?


Asked on 12/19/07, 12:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: forced to work long hrs. after returning from FMLA

Simply being required to work OT is not grounds for legal action, nor is unpleasant or offensive management style. The company is free to fire you, or any other at-will employee, anytime they like. Unless you can somehow show/prove this is retaliation for taking an FMLA leave, you have little recourse. It might be worth your trouble to have an attorney write the company and make your claim of retaliation, with a demand they correct the situation. It might take the pressure off. Contact me if you want to do so.

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Answered on 12/19/07, 8:09 pm


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