I am on FMLA and being harassed by co-workers, can they do this legally?

Asked 10 months ago - Worcester, MA

I have gone to supervisor, and no action has been taken. I also feel that my HR has purposely kept me from benefits, by claiming she made mistakes. I was also sent for a second opinion on my FMLA while I was awaiting surgery. I had just reported an injury at the time. my employer did not fill out accident report. I went to ER following Monday had MRI and learned of my new injury, my employer said he not filing cause its pre existing. Doc says its RSI, I have been with the company 18yrs. I'm 40yrs old, the FMLA is from a childhood disease, I had my whole life, suspended me on paper, and was facing termination if I didn't go to second opinion and had operation. I work with all men and I am female, The comments are brutal, and some sexual, mostly dissibility related. How do I stop it?

Additional information

I contacted DOL only question they were interested in was if they ever stopped me from receiving medical attention. I answered no, technically they didn't, I never heard from DOL again. As for the harassment, unless I want my name plastered all over the news, and ever get a job in a 50 mile radius, I have to deal with it I guess.

Attorney answers (4)

  1. Mark D. Szal

    Pro

    Contributor Level 7

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    Answered . FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA and discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

    An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer to enforce their rights.

    You may also have a claim for sexual harassment, depending on the circumstances. You would be well advised to contact an employment attorney.

  2. Catherine Taylor

    Contributor Level 13

    2

    Lawyers agree

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    Answered . I am sorry to hear about your situation. You have presented a complicated set of facts, and you would be well-advised to speak with an employment attorney to discuss what recourse you may have. An employer may not retaliate against an employee for taking protected action, such as FMLA. Further, your comments about how you are being treated by your co-workers raises the potential issues of sexual harassment and a hostile work environment if your employer is aware of it and has not done anything to rectify the situation. Good luck!

    This is intended for general informational purposes only and does not constitute legal advice. The content of this... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . More information is needed to properly evaluate. Contact a local employment lawyer to discuss in detail.

  4. Kevin Rindler Madison

    Pro

    Contributor Level 18

    1

    Lawyer agrees

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    Answered . You need to locate and meet with an attorney who specializes in FMLA and employment law cases. The Avvo website is a great place to start your search.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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