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?
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.
Employment / Labor Attorney
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 found this helpful
6 lawyers agree
Family Law Attorney
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 site may not reflect the most current legal developments. Do not consider this site to be a substitute for obtaining legal advice from a qualified attorney licensed in your state or country, and do not act or refrain from acting on the basis of the information contained herein. I am not responsible for any errors or omission in the content of this site or for damages arising from the use of this site under any circumstances. This does not create an attorney-client relationship.
1 found this helpful
2 lawyers agree
Sexual Harassment Attorney
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 this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/
1 found this helpful
1 lawyer agrees