SUSPENSION FOR BEING ON DISABILITY/DISCRIMINATION/RETALIATION

My question is regarding medical leave.

I was suspended without pay by my employer who is a Union Employer, for my absences. It was put in writing that the date of incident was the day I was placed on Medical leave for Psycological reasons. I turned in my paperwork properly each week when I received it from my doctor. While on Medical Leave. There were several employees and Supervisors who were laughing at my Medical Condition and sharing my Doctors notes amongst each other. This was extremely embarassing! While at the library with my family an employee who works in a different department and on an complete different shift (start time) made a joke to me about the situation. After further investigating it, I was made aware of the laughing and snickering and the passing of my medical paperwork/information.

1. Aren't my records and medical information supposed to be kept private?

2. The ultimate reason for my suspension was due to absences, some being because I have occupational asthma. They were made fully aware of this also. I was given my suspension paperwork and asked to make comment. I made it aware on the suspension paperwork that I did not agree to the suspension as I missed some of the days due to having asthma, I was also in a car accident which required me to be off work (turned in all paperwork) and the final one was due to my Psycological Medical Condition.

2. Can I be suspended for this, can they use the days from being placed on disability against me? (car accident and Medical condition)

3. Can they use the Occupational Astma against me also. My doctor told me that they are not allowed to do so. My doctor asked that I get a paper from HR to have filled out stating I have Asthma but I have tried several times and they have refused to give such a paper. Am I covered by any laws??

3. Prior to this all happening, I had a situation(s) with a supervisor, who tried to write me up for an "Unsafe Act" on my employment record. I made it clear to this supervisor that what I was being written up for was not fair and was infact untrue, and also stated I will be contacting his boss about it. Later the supervisor asked me not to confront his boss about it and that If I didn't he would white it out of my file. He blackmailed me. My work record has been tampered with. This supervisor is no longer there for whatever reason, but I feel I have been retaliated against in the above ways by other supervisors and management. (questions 1,2, &3!)

There have been witnesses of all of the above and I do have a paper trail of all of the above.

The company I work for does not recognize FMLA!!!

What can I do if anything

1 answer  |  asked May 20, 2003 6:10 PM [EST]  |  applies to California

Answers (1)

Geoff Morris
Medical Leave

I would need more information to completely answwer your questions and determine if your suspension was proper. But, in general let me try to address some of your questions. First, your medical records are private and should not be shared with other employees. Federal and California Family Medical Leave Acts apply to employers with 50 or more employees. It is illegal to discriminate against an employee for exercising his/her rights to medical leave. If you would like to discuss your issues in further detail I can reached at 909-680-1182 or gsm@lopezmorris.com.

Sincerely,

Geoff Morris

posted by Geoff Morris  |  May 20, 2003 7:29 PM [EST]

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