Retaliation After Filing FMLA

[kmd756]

My fiance is a Police Officer. While the birth of our daughter was near, he asked for time off which he was told he couldn't take it off. He then filed for FMLA which upset his Superiors.
Since filing for FMLA, his take home cruiser was taken 1 hr after filing the paperwork, he has had his shift reassigned 3 times. He had previously approved by his Supervisors months ago for a training to go to. After returning from FMLA, he discovered an officer that has only been a full time officer for a few months and has very little experience was given the training and it was taken away from my fiance.

He has been written up 4 times I think for things all the other employees actively do without getting reprimanded. He has now been suspended for this, while others are not.

His Superiors told him after returning from FMLA they were no longer going to try to make him happy.

I work with the same agency. They treat me poorly as well. I have been getting written up as well. I called in and was written up, which we don't have a policy for, and I don't call in.- No other employees have been written up for that either. Also, after I called in for a shift, the next day his superiors called him into a meeting and told him they were changing his shift yet again, b/c I called in.

Our Superiors have told us in a recent Dept Meeting that our jobs come 1st, our families come 2nd. A few days later in another meeting, they denied saying that.

I am quitting, b/c I can't handle this anymore. I have 4 children at home and cannot raise a family with our schedules constantly changing simply b/c they are mad b/c of him excercising his rights to take FMLA.

Do we have a case for a civil suit?

 

[FlaRiptide]

Do we have a case for a civil suit?

No.

You quit your job by choice. The police department did no wrong. They did not prevent your fiance from taking the FMLA. There is no law that I'm aware of that says they have to be happy about allowing an employee to take FMLA.

It may have been a better career decision for your fiance to heed the preference of his superiors not to take the time off. It was your fiance's decision to not "hear" this request. His superiors probably feel that your fiance intimidated them by forcing the leave of absence by using the FMLA avenue. Unfortunately, that was not a good move for an employee wishing to stay within the good merit of their boss.

 

[kmd756]

Are you sure you don't work with my superiors?"
You sound just like them.

My family comes first! I don't care who it makes mad.

 

[kmd756]

Oh, and I'm not talking about me filing a civil suit, I am talking about him.

 

[FlaRiptide]

What would your fiance sue for? In what manner has the police department been negligent or done something illegal which has done your husband harm? In what manner has your fiance been damaged?

Anyone can file a civil suit if they wish. The real question is "will they win". After reading your post, I see no basis for any LEGAL civil case.

You may feel you have been wronged, yet no legal "crime" has been committed.

Are you sure you don't work with my superiors?"
You sound just like them.

I sound like them because my position is also management level and I am telling you just the way it is.

My family comes first! I don't care who it makes mad.

Though you may not recognize it, that is just my point. Your fiance had the choice of being home with you and the new baby or satisfying his superiors need to have him at work. He chose to be with you. In itself that is very commendable. Yet, by doing so he damaged his relationship with his employer. If he loses his job over this, it does not help the new baby or you.

I'm not trying to be mean about this, yet this is how you must look at the situation. Your fiance would have been better off to miss being home with you and not upsetting his superiors. The treatment he is getting from his superiors due to his action may not be kind, yet it is hardly illegal.

If they fired him due to taking the FMLA, then you would have a legal case.

 

[mlane58]

As long as the employer returned him to the same or like position and pay, then the employer didn't violate FMLA.

 

[Green_Hornet]

FMLA is a remedial statute so if FMLA rights have been denied or an employee has been retaliated against, an attorney can file suit in federal court so judges and juries can hold employers accountable so agency action is not required as it would be an ADA or age discrimination suit. The remedies under the FMLA include the voiding of any discrimination or discipline, double damages for lost wages and benefits, and attorney fees and costs. And a worker can file suit not only on behalf of himself but also on behalf of all his fellow workers in order to stop the employer from continuing to violate the FMLA.

 

[theretoo]

political backlash

welcome to the club.....i am currently unemployed in ca due to constructive discharge while out on fmla/disability. in ca, we have the department of fair employment and housing who will take the case for free on my behalf, and they have.
depending on your state, you might want check with your state labor board. there are currently a lot of bills with the federal gov. that add further protection to employees and i believe that is part of it along with fully right wing employers. my former employer is threatening to move work to china. so be it, help the chinese economy, not the american economy. of course they threaten a lot of things that the state will address. i documented all of their discriminatory write ups and sent them all on to the state. employers think they can bully employees into submission. i was continually written up for 'time' issues, lol...although they tried to say that i had an 'attendance' problem, they were digging for things....so my 'time' problems, as they claim came down to 'i don't have enough time at that site' although 25 years in my field and 10 years with that particular corporate employer...i collected all of the data over 7 months of their discrimination. ca has about a zero tolerance policy for slimy employers and the states now have authority to create more protection than the feds do. it might be a suggestion for you to check with your state to see what employment laws govern employers in your state. :yes:

 

[theretoo]

i disagree, managment is usually in the position to protect the company, yes, we know this. but the company does not exist withuot a healthy workforce and employers have to comply with state and fed law in order to protect the company. as management, that is your job, is to protect the company and the best way to do that is to compy with state and federal law. your personal opinions in the matter have no place in the decision making process. comply or the company will have to pay the price for your inability to comply with labor laws. it costs a lot more money to think you don't have to abide by employment law than to try to manipulate your way around it.

 

[theretoo]

No.

You quit your job by choice. The police department did no wrong. They did not prevent your fiance from taking the FMLA. There is no law that I'm aware of that says they have to be happy about allowing an employee to take FMLA.

It may have been a better career decision for your fiance to heed the preference of his superiors not to take the time off. It was your fiance's decision to not "hear" this request. His superiors probably feel that your fiance intimidated them by forcing the leave of absence by using the FMLA avenue. Unfortunately, that was not a good move for an employee wishing to stay within the good merit of their boss.

probably, retaliation for taking leave....check with your state labor board.

 

[theretoo]

probably, retaliation for taking leave....check with your state labor board.

employers cannot take any negative employment action against an employee for taking fmla nor can they interfere with an employee's right to take leave. yes, you have a case if you have enough documentation to prove your employer's retaliation.

 

[theretoo]

employers cannot take any negative employment action against an employee for taking fmla nor can they interfere with an employee's right to take leave. yes, you have a case if you have enough documentation to prove your employer's retaliation.

if an employer knows how to manage a company properly, then they will be able to manage their workforce properly and maintain compliance with state and federal employment laws. doesn't matter how loud they scream about it..

 

[theretoo]

No.

You quit your job by choice. The police department did no wrong. They did not prevent your fiance from taking the FMLA. There is no law that I'm aware of that says they have to be happy about allowing an employee to take FMLA.

It may have been a better career decision for your fiance to heed the preference of his superiors not to take the time off. It was your fiance's decision to not "hear" this request. His superiors probably feel that your fiance intimidated them by forcing the leave of absence by using the FMLA avenue. Unfortunately, that was not a good move for an employee wishing to stay within the good merit of their boss.

if an employer knows how to manage a company properly, then they will be able to manage their workforce properly and maintain compliance with state and federal employment laws. doesn't matter how loud they scream about it..