Legal Question in Employment Law in California
Bullies, FMLA, and now unemployed
I have endured months of rudeness, intimidation, and the like since I took a transfer to a new dept with the business I have been employed with for 8 years. I have had excellent reviews all along. I was unable to manage the long hours in the other dept and could not get management to remove some of the duties to allow me a more regular schedule. Because the hostility was not covered under a protected group, I felt I had to tolerate everything dished out. I stayed on the job out of need for health coverage as I'd had cancer surgery in 2005 and still required monitoring. The wages are also a plus in comparision to other jobs in the area. The hostility that I faced became to much to deal with. I was hanging by a thread when I had to go out on FMLA for 6 weeks for medical. Upon returning my position was given to a temporary hire and I was left sitting with nothing. I hoped eventually I would have to opportunity to prove to these people that I was there to work and be part of the team. With the position taken from me, there was no hope left and I could not emotionally handle feeling so useless. Anyone see any form of action I might have here?
2 Answers from Attorneys
Re: Bullies, FMLA, and now unemployed
Given that the bullying was not of a 'protected' category, your claim is for failure to hold your job after FMLA leave. Feel free to contact me to discuss your rights and remedies.
Re: Bullies, FMLA, and now unemployed
While a lot more information is needed to form a legal opinion, there is a possible FMLA violation if the employer failed to keep your job or a substantially similar one secure for you when you returned to work.
Many cases turn on the reason why employees are treated badly. You can't sue for rudeness or intimidation, unless the behavior is motivated by unlawful reasons. That has to be explored with an attorney in order to determine your options.
You should contact an experienced employment law attorney in your area and discuss your case in detail to see what, if anything can be done.
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