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  1. #22
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: FMLA Retsliation Discrimination

    Something else I would suggest to you, in addition to all the things that cbg is leading you through, which are exactly on the money. You have worked for a local entity for seven years. You had never had any problems you say until this new supervisor, who obviously "has it in for you" came to work there. What you are doing, concerning ADA and FMLA, are both very good, excellent advice from a professional.

    If anyone in HR happens to ask you if you have "seen a lawyer" or asks who told you how to write up the request, etc. simply say you have "spoken with someone." You have, you have talked to one of the best, here. But don't tell anyone who and where you've obtained your information. This is not threatening them, this is just a bit of motivation for them to think you are doing your homework and make them pay a little more attention to your situation.

    You see, when EEOC begins an evaluation, the first thing they do is speak with the HR department of the entity they are investigating, and if the HR and higher ups of the department can honestly say, "We were totally not aware this was happening. The person never talked to us about it, but, gee, we'll fix it now that we know!" then there goes your complaint. There will be little or no chance of a right to sue letter being issued. So you must very carefully present things to them and keep a record of when you did and what was done as a possible remedy.

    If you go in just mouthing at random, they (HR) aren't too impressed. Someone coming up with a very well worded and legally correct request for assistance from them concerning the discrimination they believe themselves to be experiencing due to FMLA and requesting ADA accommodations in a formal manner will tend to get their attention.

    However do remember, no supervisor is forced to treat all employees fairly, exactly the same, be nice to you or not make things hard for you, as long as they are not doing it specifically because of your medical situation or your disability or another EEOC covered reason.
    While at work, DO NOT discuss what you are doing with HR or how you are getting along with this supervisor or how badly you are being treated with other employees. Your co-workers may be the ones who are complaining about how you get to take off extra time, or how much work this makes for them. Your supervisor may have been told to try to get you to quit. You never know. Play your cards wisely and quietly.

    Do your job to the best of your abilities always, of course, and any time that a behavior or comment or threat or particular treatment of you comes from your supervisor, make a note of time date and place it happened, on your own paperwork, (such that if you were walked out, you'd not leave these notes behind on your business computer system) keep your own hard copies of all documentation of evaluations, feedback and write-ups.

    Be sure you do not do anything that is clearly against the rules otherwise, such as tardiness, misuse of the internet or electronics of the department or failure to report your absences beforehand if possible. What you describe, the write ups for absenteeism, making special jobs up for you to do, all these need to be documented and discussed with HR.

    Do you have handicapped parking tags, which are obtained through the county clerk's office and require a statement from your doctor and are permanently attached to your car? If so, how can your supervisor deny you a handicapped parking place? This is definitely something to bring up with HR, as are the write ups for being off work when it was an FMLA covered absence.

    Just because you have an ADA case and FMLA doesn't mean you can't be touched for ANY reason. This supervisor, who is not going to like you any better after HR gets involved, could still very legally discipline you or the department could terminate you if you do something else that is a fireable offense, I've seen this happen. In other words, be very thorough, professional, ALWAYS provide the appropriate notice when you are going to use the FMLA, and watch your back with this supervisor and your co workers.

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