Harrassment, discrimination, or just unfair?

[zoe60]

I am not certain where my situation falls - I am a 48 year old woman with 19 years at the same job. I am able to retire soon.
My current employer became unhappy with me about 1 1/2 years ago. I had never had a formal evaluation, always had positive feedback regarding the program I administrate.
My boss (new about 2 years ago) is best friends with an employee. Apparently some private information regarding myself and my family had been discussed. My boss has harrassed me about this information repeatedly. I made some changes to my work schedule and habits as my boss requested. He has told me he is aware of the changes I had made.
I had surgery in December, recovery took 8 weeks. On my first day back at work I was brought into a meeting with the director of HR and my boss. I was told I had to sign in and out of work from this point on (I am not an hourly employee, I am a salaried administrator). I have been doing so every since. I recently asked that this practice stop. I was told the administration would like to see me continue to sign in and out of work.
My boss clearly favors my employee and would like to see her in my place. She is younger then me, but I don't know that its age discrimination. I really think I am just not on the "good" list.
Somehow this attitude and belief that I am a poor worker spread among the administration and I am now in a very difficult situation.
Is this harrassment?
Discrimination?
Is it legal?
Thank you
Zoe

 

[Beth3]

Unless any of this has taken place because of your age or because you took medical leave (assuming it fell under the FMLA), then it's not harassment, discrimination, and it's all legal.

1. What reason were you given for having to sign in and out of work when you returned from leave?

2. What private information about you/your family is the boss "harassing" you about? It may not be pertinent but I won't know until you advise what that is.

 

[zoe60]

My situation

On my return to work, and I was on sick leave, but not family medical leave, I was told that there was a question regarding whether I was working a full day. I was told people cannot find me.
I was not told which people or who had the question. I have kept a log of my hours. I work out of an office, but also supervise 13 locations and according to my job description I need to visit each site once a month. I also need to be onsite whenever problems arise which require administrative attention. I have kept a log of my visits and any other activities which have caused me to be out of the office however no one would look at this.


My boss has been asking my staff about me and my "situation" at home. On my first day back to work he called my staff to inquire about me and my "mood". He found out via my staff that a family member was involved in a case of child abuse/ he found out that my sister (who is gay and married) had a baby and that I went to visit her while she was having a bad time health wise. I was reprimanded for taking sick leave and not personal leave. My employees have come to me to say they feel like they are on middle ground. Our office staff have been together for 15 years so we do know personal information about one another. Now I have all pictures and personal stuff down. My best advise to staff is to have a standard answer when questioned, If you need information you will have to ask Zoe directly.

So that is it in a nutshell. Your advise appreciated.

 

[Beth3]

1. So it appears that they're having you sign in an out in an effort to determine whether you're on-site or at another location. I don't know whether this is the best/most reasonable way to track your whereabouts but it's not illegal.

2. Taking sick leave to spend time with your sister or to address other personal matters wasn't appropriate and your boss had valid reason to reprimand you. I think you should tell your boss that if he has questions about you, he should ask you and not your staff however what you describe has been taking place is not prohibited harassment.

While I think you're in a difficult situation, nothing you have discussed indicates anything unlawful is taking place.

My boss clearly favors my employee and would like to see her in my place. She is younger then me, but I don't know that its age discrimination. I really think I am just not on the "good" list. If the boss wants you out and someone else in because of your age, that is prohibited discrimination. However if the boss is not all that pleased with your job performance and thinks someone else would do a better job, then the ages of the individuals involved are irrelevant as that's his perogative.

 

[angel69linsbcg]

discrimination due to medical leave upon return

my husband was off work for several weeks due to getting gangrene following surgery. my husband talked with new owners of his job site about dr keeping him off work.they were afraid they might have to amputate so they didnt want him working. he was told by owners his job was secure. we kept them posted after every dr appointment with notes from drs. gangrene didnt set into bone but was healing. last dr appt. he was kept off until further notice. due to financial reasons he got dr to release him cause it was doing better and he felt he could preform his job which is 3rd shift security at the paylakes that he worked for the past 10 yrs. the new owners have only had them since back in march. my husband took in new note saying he can return with no restrictions and they have been giving him the run around. until today that is. they said his job is taken and they have nothing for him. his friend filled in for him until his return. his friend told them he would quit so my husband can have his job back. they told his friend if he did that it wouldnt matter my husband still would not get his job back.it would go to another person there. they told my husbands friend they offered 1st shift and he turned it down. this is not true as my son was there and he was not offered any shift. all the wife had to say was she would talk with her husband about the job. with this being seasonal work in off season he collect unemployment nut with them if they dont take him back this week he is out his unemployment totally. we are behind badly on bills with just my income and the owner of the house we rent is in process of selling it closing date is coming and they want to rent to college students. we need his income to pay off bills and get a new place to rent. what are we to do about the employers ? can they treat you like that legally and get away with it? what can we do?

 

[cbg]

In total, how long was your husband off work?

 

[angel69linsbcg]

days absent

Since ending up with gangrene my husband tried working with the problem. he missed a total of 6 weeks and 3 days as a rough estimate. I would have to get out paystubs to verify exactly how long. Due to my husband being off work he does not recieve sick leave and our finances are more than my pay can cover. The landlord is selling the house we are in and rumors are we will have to move so the new owner can put students in here from the local college. My husband is not one to sit still for very long. He knows our situation and talked with doctors office. His gangrene is healing due to the care he has been giving it and pain is not as bad now. My husband felt he could return so doctor released him to go back with no restrictions. Upon taking note to employer we have had no calls from them. They did not put him on schedule.The one owner said she felt he wasn't healed enough to another employee. After telling my husband she couldn't use him. Also that she would have to talk to her husband the other owner. The friend who cover was going to quit so my husband could return and the one owner said to him that my husband would not get his job back she would put another guy on that shift. Here the whole time he was off the one owner kept say my husbands job was secure. With his job running seasonal from April through Oct. in order to recieve his unemployment he has to have so many weeks in at work so he has to return here soon or our whole financial life will be in an even worse mess. It's not like we haven't kept them up dated about his condition cause we have everytime he went to his 2 doctors for this. We have been very honest about everything with them. Some of the employees have spoken up for my husband and how they are doing him. All they really have to do is change the schedule around a little during the day. If they want to keep the one guy on 3rd shift that is fine with my husband he would go to 1st shift and it was meantioned.