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I returned from FMLA leave and my "supervisor"complained about taking FMLA leave.

Sacramento, CA |

My supervisor complained that she had to manage the office by herself. FMLA leave was a reason to leave her because I didn't want to work with her anymore. She said I will not make it if I get another job. She used foul language when describing all these false accusations. My question, what should I do?

Attorney Answers 4


FMLA does not allow for damages for a hostile work enviroment, si while you may be experiencing retaliation you would have no damages, unless you could claim you were constructively discharged due to the retaliation. That however, would be a very difficult claim. You should consult with an experienced employment lawyer before you do anything.

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DO NOT do anything until you consult a local employment law attorney. Some will offer a free initial consultation. You can locate a local attorney right here on AVVO under the tab "Find A Lawyer"

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Tough it out. These facts do not add up to a sound claim against your employer. You haven't been fired. Put your head down, do a good job and let this issue fade into the past.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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It is unlawful for an employer to retaliate against you because you took protected FMLA leave. Technically, the conduct you describe is a form of such retaliation. However, on a practical level, it is not enough to become embroiled in litigation over.

If the words and conduct are upsetting to you and you cannot simply work through them, I would suggest you make a report to the company HR department. Depending on the company, such a report would likely result in HR telling your supervisor to cool it. However, keep in mind that such a reporting might also result in retaliation. That retaliation would also be unlawful, but retaliation can be dressed up to look like legitimate discipline and communications. Covert retaliation is always a concern, especially with a supervisor who has already demonstrated a retaliatory nature. You need to make the call on that.

Good luck to you.

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