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  1. #1

    Question FMLA Harassment by Coworkers

    My question involves labor and employment law for the state of:
    I am currently on FMLA for mental health. Incorrect information (stating that I tried to commit suicide- which is not true) was announced to my coworkers and the next day human resources told everyone that they are not to speak with me. They are not to call me, text me, go in my office, or me go in their office. They were not to visit me at the hospital or have any contact me with at all. I am back to work part time and I feel completely invisible. My co workers were also told not to contact me outside of work. If they violated any of this they were advised that they would loose their job. Are their any laws stating that they can not have contact with me? If so when is this going to stop?

  2. #2
    Join Date
    Oct 2014
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    Default Re: FMLA Harassment by Coworkers

    There is no law that says they cannot have contact with you. But if you are on FMLA leave, the employer isn’t supposed to bug you about work, and I suspect that this employer is trying to ensure that they don’t get dinged for interfering with your leave. Have you discussed this issue with your manager or HR people? If they do not know this bothers you they cannot do anything to fix it.

  3. #3
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    Default Re: FMLA Harassment by Coworkers

    Apparently it was HR that told all of OP's coworkers not to speak to him. But it's possible HR meant "do not speak to OP about his medical condition or his FMLA leave" and his coworkers took that to mean "do not speak to OP at all about anything" and this is what's bothering OP. (I for sure would have a hard time working in a place where no one was allowed to speak to me at all about anything.) But if HR did tell OP's coworkers to shun him like this, isn't this a way of interfering with OP's FMLA and/or disability rights?

  4. #4
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    Default Re: FMLA Harassment by Coworkers

    I think the first step is to clarify with HR exactly what was said.

  5. #5
    Join Date
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    Default Re: FMLA Harassment by Coworkers

    I suspect that the FMLA had to do with "work was creating horrible stress for me" and so the employer is saying, "Lets make SURE we don't cause this person this horrible stress. As such, don't any of you guys call, talk to him, give him details about what's going on, discuss work with him, etc. " Which of course, they have very little control of what people do at home in their spare time. We used to have a manager who forbade us to go home and discuss work among ourselves. Just won't happen. They don't control this. But if I had an employee who was over involved to the point of completely unreasonable and it has almost driven this person to become suicidal, they may honestly be trying to help by telling his co workers not to bother him.

  6. #6
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    Default Re: FMLA Harassment by Coworkers

    Quote Quoting Butterflydm10
    View Post
    My question involves labor and employment law for the state of:
    What state is involved, again?
    Quote Quoting Butterflydm10
    Incorrect information (stating that I tried to commit suicide- which is not true) was announced to my coworkers and the next day....
    By whom, and why?
    Quote Quoting Butterflydm10
    ...human resources told everyone that they are not to speak with me. They are not to call me, text me, go in my office, or me go in their office. They were not to visit me at the hospital or have any contact me with at all.... My co workers were also told not to contact me outside of work. If they violated any of this they were advised that they would loose their job.
    Why?
    Quote Quoting Butterflydm10
    I am back to work part time and I feel completely invisible.
    Presumably your co-workers are now allowed to speak with you, so what is going on? What is it that you would like your employer to do? What is it that you have asked your employer to do?
    Quote Quoting Butterflydm10
    Are their any laws stating that they can not have contact with me?
    You've indicated that you're back at work, so obviously your employer is not firing everybody who has contact with you.
    Quote Quoting eerelations
    View Post
    But if HR did tell OP's coworkers to shun him like this, isn't this a way of interfering with OP's FMLA and/or disability rights?
    See, e.g., Merfed vs. Warren County Health Services, 597 F. Supp. 2d 942 (2009), in which allegations of ostracism in isolation were recognized as insufficient to support a retaliation claim, but that when considered within the context of other circumstances ostracism could constitute evidence of an employer's retaliatory intent.

  7. #7
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    Default Re: FMLA Harassment by Coworkers

    Quote Quoting Mr. Knowitall
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    See, e.g., Merfed vs. Warren County Health Services, 597 F. Supp. 2d 942 (2009), in which allegations of ostracism in isolation were recognized as insufficient to support a retaliation claim, but that when considered within the context of other circumstances ostracism could constitute evidence of an employer's retaliatory intent.
    That was my line of thought. If OP's coworkers were instructed not to speak to OP at all (as OP seems to indicate), and this included providing information OP needs to perform his job duties appropriately, the ostracism + the lack of provision of necessary together might constitute illegal retaliation.

  8. #8

    Default Re: FMLA Harassment by Coworkers

    Is there a law that says they can't talk to me about my medical leave?

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