I feel as though I am being retaliated against because I took an FMLA leave

On 7/2/09 I took a maternity LOA. On 8/4/09, I became eligible for FMLA. After some resistance and push back from my employer, my leave was finally designated as FMLA. My vacation pay was taken, but I was forced to wait until my return to get payment. This has been the case with others, but I told my manager to look into it because I didn't think that was allowed under FMLA. I was then called demanding. I then asked for a meeting to discuss the increase that one of the owners had promised me upon my return, and was told no. When I returned, I was pulled into a meeting with a senior owner, junior owner, accouting/payroll manager and an attorney from our local Manufacturer & Business Association. It was about postings to my Facebook account. 2 of the 3 postings were not even about my employer. The 3rd one was taken from a shuffle program on facebook. It just said that i wasn't looking forward to returning to work and working with stupid and demanding people. The company just said that I woudld be expected to provide do my job well from that date forward. The following week I put in to leave early so that I could take an exam out at our local college. I was going to be given an incident. When I went to my manager about it, I told her that I felt that I was being discriminated against because there have been male employees given time off without incident for reasons other than a doctor's excuse. She just shrugged her shoulders and went to discuss my complaint with the junior owner/General Manager. Since then my time off requests have been ignored by the GM, which is completely out of character and against policy. I questioned my manager about it, and she said that she wasn't aware. I was then written up for unprofessional behavior because of emails that were exchanged between myself and another employee in regards to an ISO audit. I simply asked the girl if in the future I could have more notice because I was very busy the day she needed 40 minutes from me. The emails were not unprofessional or rude. They may have been direct and to the point, but that is how I have been since I started. Not to mention that there are other employees that are allowed to continue to be rude and unprofessional to other employees, and they are not written up. My entire year there I have gotten excellent performance reviews and never been written up, and now since my return, I have been treated worse. I do have alot of proof and plan on getting more seeing as how I am the HR Manager. Which brings me to another point, while I was out on my LOA, emails were exchanged between my manager and the GM and the accountant/payroll manager about my leave. In those emails, the GM refers to me as the HR Manager, a title I was hired with, and also indicates that if all my vacation time is taken, they will most likely have to start the process of searching for an HR Manager all over again (which says that they do not like the fact that I had another baby and will be needing to be out sick). Now I am being referred to as the HR Administrator. There was not formal offer letter, so nothing is in writing, but I have always thought of myself as the HR Manager, and used that title to sign documents, and now it seems that they are trying to play down my title because they are trying to push me out. I am in the process of filing an EEOC complaint and looking into meeting with an attorney about this. Do I have something?

0 answers  |  asked Oct 20, 2009 03:52 AM [EST]  |  applies to Pennsylvania

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