Legal Question in Employment Law in California

FMLA, harassment, probably getting fired

I have worked for a small regional campus of a private university for 2 years. In July 2004 my doctor put me on medical leave for anxiety and depression due to life events, including irritants with my job and the company culture. I was out for 2 months, collected SDI and used FMLA time when sick & vac. were used up. When I returned to work, HR and I had a disagreement about payment of ins. premiums and they were somewhat wrong in their method. HR won out and deducted the $$ from my paycheck. All else was well for 3 months, then a situation occurred and set me back into a depressive state. A doctor ordered me off the week before Christmas & employer closes down the week between holidays. I went to work Tuesday 1/3, was greeted with a memo from my boss requiring me to humiliate myself by emailing him when i arrived, left for/returned from lunch, left for the day, only from a certain computer, carry cordless phone with me when not at desk, let all know where i'll be & why, etc. Unjustified, my last perf. review shows I ''Exceed expectations,'' my timesheets are accurate. Wed. I woke up with flu, told to get dr. note, very ill week, harassment continues to worsen since my return, I can only assume firing me is next. Any advice?


Asked on 2/02/06, 2:37 pm

2 Answers from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: FMLA, harassment, probably getting fired

There a number of factors suggesting harassment and discrimination. Based on your description, it would appear that termination is certainly possible. It would be advisable to meet with an employee rights attorney as soon as possible to properly document your case and take steps to protect your rights.

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Answered on 2/13/06, 6:13 pm
Terry A. Nelson Nelson & Lawless

Re: FMLA, harassment, probably getting fired

The rights and benefits as an eligible FMLA employee include:

�12 weeks of unpaid FMLA leave in a 12-month period.

�continuation of group health benefits during FMLA leave.

�restoration to the same or an equivalent job upon return to work.

�retention of accrued benefits.

�protection from discrimination as a result of taking FMLA leave.

If you are/were qualified for FMLA as it appears, and didn't exceed the maximum protected leave, then any unique rules, such as unreasonable restrictions and supervision, would seem to be retaliation. If you can actually prove what you say through witnesses or documents, you may have a case with potential. Contact me if serious about pursuit.

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Answered on 2/13/06, 7:04 pm


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