I am approved for FMLA due to childbirth. I am now accused of abusing the system by employer for doing exactly what they(employer) asked me to provide/do. We have been working 7 days a week since the Fourth of July 2013, only one day off(Labor Day). Now I am going from 8 hr shift at work to 12 hr. There are over 100+ employees but only maybe 3 of us have to work the 12 hours. I have a sick child that needs my care and I feel my job is causing more stress and depression than needed. I feel I am being accused of something I did not do and discriminated against. Can I sue my employer?
More facts are needed to evaluate. Have a local employment lawyer investigate
Car / Auto Accident Lawyer
As Attorney Lasson indicates more facts are necessary to evaluate this potential claim. However just based on the facts you do provide the answer is no. Typically you cannot bring a claim against your employer for a "work related" injury except for a workers compensation claim where your damages are limited to medical expenses and a portion of your wages. If you have a claim outside a workers compensation claim, more facts are needed to evaluate such a claim. If you have for instance some employment discrimination or related claim then you should consult with an attorney who handles such claims.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
More information is needed to give a meaningful answer. Retain a local employment law attorney to investigate.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.