What rights and potential remedies are available when an retaliated against due to FMLA

I was approved for FMLA leave to care for a serious health condition of my spouse.

I was terminated by my employer due to a no-fault absence policy, but this termination was reversed after some of the occurrences were deemed to be covered under FMLA. This did not result in any loss of wages or benefits beyond what FMLA normally would, though it did cause emotional distress.

Upon returning to work, I had a change in my duties that reduced my responsibility, potential for advancement and potential for increased bonus pay. This was attributed to scheduling issues, but evidence suggests that this is not the case. This has caused emotional distress. lower level management team members have expressed a concern that they believe I am being punished with this action, but are not privy to all of the details of the case.

My intermittent FMLA hours were under calculated and over documented incorrectly by my employer and the company contracted to handle FMLA requests, interfering with my right to utilize my FMLA entitlement & occurrences were assessed for absences that would have been covered under FMLA. These may be retroactively approved and the occurrences removed, however this prevented me from seeking promotion opportunities. I was also unable to provide needed care to my spouse which caused emotional distress.

I was not provided with a second interview for a job that I qualified for and likely would have received a second interview for if I were not on a seperate FMLA leave to care for my child at the time that the second interviews were scheduled.

My employer also has a policy that is in violation of ADA and EEOC guidelines as it requiers employees to disclose the names of controlled medications that the employee takes as a condition of employment. I do take controled medications for a disability, but haven't disclosed this information to my employer as when I sought to confirm this requirement I was told that a new policy may be completed soon, though I was also subsequently advised that this rule was cleared by the companies labor attorneys

I am still actively employed with this employer, and have not regained many of the responsibilities that were previously taken away.

What rights and remedies would it appear are available to me in this instance? Would I be eligible for Punitive or other damages beyond that which are typically allowed by FMLA perhaps due to illinois emotional distress laws or other laws? I am interested in having a consultation as well.

1 answer  |  asked Jan 22, 2013 9:05 PM [EST]  |  applies to Illinois

Answers (1)

Alejandro Caffarelli
you are interested in scheduling an initial over the phone consultation, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.


posted by Alejandro Caffarelli  |  Jan 24, 2013 09:11 AM [EST]

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