Harassed because using intermittent FMLA

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posted by Alejandro Caffarelli  |  Apr 20, 2010 06:52 AM [EST]

However, termination is not necessary to constitute retaliation. And if I understand the question correctly they are forbidding her from taking her FMLA. It is true that it does not rise to constructive discharge and quitting would be to risky in my opinion, especially given the fact that they will probably fire you, and thus, your retaliation claim is that much stronger. What I mean is that if you think they are going to fire you, quitting would a bad strategic move, because it is generally easier to show retaliation when you have been actually fired--despite my previous comment.

Also, as I always say, you are not necessarily an exempt employee, and being paid a salary does not mean a great deal. You should read my website below for more information on that topic if the link does not work you can just Google Ryan Scoot Nalley. I should be clear that I cannot say whether you are exempt are not, I can can only say that the salary basis does not make you exempt in and of itself

I think you should just keep enforcing your rights until they make some pretext to fire you, which they will do. Feel free to call me to discuss the matter free charge at 773.621,6809. There many highly experienced lawyers on this sight that have much more experience in this than I, and you might do well to seek them out. Good luck


Sincerely,



Ryan Scott NAlley

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posted by Ryan Nalley  |  Apr 13, 2010 05:28 AM [EST]
Attachment: free_flashpoints.doc

Unfortunately, I don't see a whole lot you can do at this point. At this point, you still have your job and you haven't lost any money. If you get fired in retaliation for using FMLA, of course you can sue. If the harassment gets so bad that no reasonable person could stand it, I suppose you could quit and sue for constructive retaliatory discharge, but that would be pretty risky. There is certainly no guarantee that a court would agree that you had no alternative to quit. I'm afraid this answer is kind of lame, but the only thing I know is to have your lawyer keep writing letters, and, of course, document all the instances of harassment in case you eventually do get fired and get into litigation.

posted by John Otto  |  Apr 13, 2010 04:56 AM [EST]