I have a recently disabled son who at times needs my assistance. I applied for and received intermittent FMLA, allowing me to take a few hours off 3 or 4 days a month to help him, using a maximum of 16 hours of my accrued time. I have been employed by this employer for 22 years with excellent work record and evals. Since I have been on FMLA, life has changed. My boss hates FMLA and expects me to be at work "100%" of the time. Since I am an exempt employee on salary, I have offered to work longer days or come in on weekends to keep things running smoothly. This has been denied, saying it would "generate overtime"-but I don't get paid overtime.
Recently, things have escalated. I was called into a meeting with both HR and my boss to discuss the fact that the morale in my workplace was bad due to the fact that I was on intermittent FMLA and that I "need to do something about it". According to them, my coworkers feel like I am getting special treatment because of my leave. I am using my accrued time just like they do, only for a certain reason. Things are so bad now a small group of coworkers, some my subordinates, drive by my house after hours to see my son, I am not allowed the same working conditions as my coworkers, lies are being told about me to HR (I sleep on the job, I read magazines, I spend too much time when I use the bathroom, etc.) This would be laughable if it wasn't so stressful. I had an attorney who wrote letters to my employer, but nothing has changed. My evals are great, my work is considered to be excellent, just tired of the harassment. Do I have any options? There is a lot more to this that would take hours to tell.
If you have any questions, or if you would like to schedule a screening, She may be reached at (312) 540-1230
posted by Alejandro Caffarelli | Apr 20, 2010 09:52 AM [EST]
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
Ryan Scott NAlley
Ryan Scott Nalley
The Law Office of Ryan Scott Nalley
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Chicago, Illinois 60601
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posted by Ryan Nalley | Apr 13, 2010 08:28 AM [EST]
posted by John Otto | Apr 13, 2010 07:56 AM [EST]