Valid claim?

To shorten a very long story, I had filed FMLA paperwork with my employer. The condition I have sometimes makes it not possible for me to call in by a certain time EVERY day to report my absence for that day. I was harrassed and wrote up for almost every instance I used the FMLA leave (intermittent, as needed leave). I had been suspended once and the DOL intervened, the company paid me for the days off. The second time they attempted to suspend me, after I called in late but within less than an hour of my scheduled start of shift, I was already so stressed by their actions that I refused to sign the paperwork and resigned. I did call my DOL rep, who said that unless I was willing to return to that employer she couldn't do anything further for me. This still bothers me a lot, as so many of these places get away with violating the laws and nothing ever gets done! Why bother to have a law and pay government agencies to oversee them if there is no penalty for violations?

In a nutshell, do I have a valid claim for retaliation and FMLA violation against them? I left there in December 2001, my last paycheck from them was from January 2002 for accrued vacation time.

I was also required to use my PTO leave and exhaust it before being allowed non-paid days. I have since found that this is not legal either?

1 answer  |  asked Mar 19, 2003 2:37 PM [EST]  |  applies to Indiana

Answers (1)

Brenda Franklin Rodeheffer

You may or may not have a claim. They are allowed to require you to exhaust your paid time first. I don't know your medical condition that would prohibit you calling in so I don't know how reasonable that was. If you were constructively discharged, you may be able to pursue it even though you resigned. To be constructively discharged, the conditions have to be so bad that no reasonable person would have tolerated it.

posted by Brenda Franklin Rodeheffer  |  Mar 20, 2003 2:14 PM [EST]

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