Are my rights being violated?

Long story short, i have been granted intermittent fmla by my employer for my son with autism, my 2 previous call outs are being used against me because my supervisor marked them as a no call/no show, ive received transcripts from phone service provider for HR showing that my messages were sent within call in time frame, there is a major difference from the time sent to time received, it shows sent times, received times, but now all of a sudden it seems my supervisor is trying to get me fired because he hates it when i have to leave to pick up my son or when i call out. The same day I sent, via fax, transcripts to HR, i suddenly was contacted by manager because "I was red flagged for using personal phone to punch out from work" while still in the building before leaving 3 different times over a month ago, 3 other co-workers utilized same from their own phones and were never "red Flagged". My supervisor also had conversation with my co-worker saying that him and my manager " Got Me on my FMLA" according to my co-worker. Are these incidents violating my rights?

1 answer  |  asked Nov 16, 2017 1:48 PM [EST]  |  applies to California

Answers (1)

George Allen
Yes and no. Yes, in that these seem like incremental steps towards taking some action against you. No in that it doesn't sound like you have suffered an "Adverse Employment Action," at least not yet. Consider sitting down with an employment lawyer in your area. Try the "find a CELA member" tool at www.cela.org. CELA is an organization of employee-side attorneys. Good luck.

posted by George Allen  |  Nov 16, 2017 2:31 PM [EST]

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