Legal Question in Employment Law in Florida

I feel that my employer has violated my freedom of speech in the past and I have become a victim or retaliation ever since. I have been employed with my current employer 5 years June 29, 2010. October 6, 2009 until present day has been the worst experience with this employer I have ever had. I was on FMLA due to an auto accident. I was off most of July, August all of September returning October. Upon my arrival a new manager was hired and also whom I reported to. This woman was disrespectful to me and others from day one and even had the nerves to share with another manager her plans to get me fired due to her intimidation of my knowledge of the company. I attempted to ignore the situation and move past it. During a one on one with my manager and myself I was asked to be honest about how I felt. In turn I shared with the manager how I felt her management style was similar to that of a dictator. The manager thanked me for being honest however it was a month or two later that I read my own words in a written warning. I was told that it was due to a lack of job performance. I am an enrollment counselor that uses a database to contact people. My database was cleaned out until I returned to work on 10/08/2009 so therefore I had to rebuild a pipeline. I was written up for the month of November a month after returning from Medical Leave when employees that reported to work without any leaves did not have the same such harsh punishment. 5/19/2010 I left work early due to an abscess on my rear area. I was cut and stuffed with gauze's and a culture was taken to determine the cause of the recent outbreaks. I was given antibiotics and pain medicine indicating not to drive. I spoke with my current manager whom of course pretended everything was okay. I went for a follow up visit today and was told the wound did not heal as the expected and culture was not back however they feel the outbreaks could be staph or mrsa. As I return from the doctors office I have a letter from my HR department located in Phoenix, AZ advising if I don't return to work Monday it will be considered voluntary resignation. I feel like I am being harassed. What can I do?


Asked on 5/21/10, 9:49 am

1 Answer from Attorneys

Scott Behren Behren Law Firm

Speak with an employment law attorney about possible ADA or FMLA retaliation claims. YOu can speak with my office if you desire. You can also check out my employee rights blog at www.takethisjobnshoveitblog.com.

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Answered on 5/25/10, 7:00 pm


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