Legal Question in Medical Leave in Indiana

Harassment by my boss because of FMLA Leave

I am on FMLA leave, and my boss gives me a hard time when I miss work. Instead of any support, he immediately contacts Human Resources. I have authorized access to read and print all of his e-mails, and I have seen where he tried to terminate me while my FMLA paperwork was in process. I have no support from HR. (E-mail example from representative when I missed work on Monday ''Now that she knows she has FMLA, she is going to take full advantage. Nice!''). I told my boss on numerous ocassions that the stress he is putting me under is not helping my condition. He keeps telling me that he doesn't get into the reasons I'm not here. The only thing he knows is I'm not here and he needs someone who is going to be here. I told him I am following doctor's orders and he repeats he needs someone who is going to be here. I'm worried he is trying to find a way to fire me without saying it is FMLA-related. He did this to another individual who worked with me by ''eliminating'' her positon. How do I protect myself? Do I have legal recourse at this point? My boss is forcing me to make a choice between listening to my doctor or listening to him.


Asked on 8/07/08, 1:40 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Harassment by my boss because of FMLA Leave

Are you certified as having a chronic condition requiring intermittent leave? If so, your situation is one we are seeing more and more. In my opinion, your boss can not force you to make the choice you feel he is forcing on you. Any restraint of your right to take -- or retaliation against you for taking -- protected FMLA leave, is against the law.

Feel free to contact me if you would like legal assistance.

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Answered on 8/08/08, 8:07 am


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