Hostile Work Environment Definition
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Is This Retaliation or Discrimination? Q & A with Derek D.

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Academy Member and book buyer Derek D. and I have been talking about how his bullying boss has gone over the line and started to infringe on Derek's employee rights.  Of course there is a long history, with the supervisor Trent taking a dislike to Derek back when Trent was himself a machine operator. After his promotion, Trent made comments that … [Read more...]

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Hostile Workplace Podcast #5: “I Don’t Know What FMLA Is, But I’m Sure YOU Don’t Qualify For It”

Download PDF Transcript Have you heard a supervisor admit they don't know about something with one breath, but then proceed to tell you what you should do about that thing in their next breath?  Listen to one of my readers, Vicki, tell her story dealing with that exact scenario. Once Vicki used FMLA, others at her work wanted to use FMLA leave too.  This angered her supervisors, who launched a campaign to "get" her. Listen to Podcast Episode #5 now to hear how Vicki has fared against her company's attack (and don't expect a nicey nice happy ending). You can listen to Podcast #5 through the player here on UndercoverLawyer.com. Or, if you have iTunes you can click on the link below to listen there and subscribe to the podcast for … [Read more...]

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Is Time Off On FMLA Really Time Off? (Or, do you have to maintain your full-time work load while working a reduced-time schedule?)

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Case: Lewis v. School District #70 (April 17, 2008) A federal court case established for the first time that your employer can NOT expect you to maintain a full time work load when you are off work under the FMLA. The Federal Court of Appeals for the 7th Circuit held that employees using their FMLA rights to be away from work cannot be held to the same requirements as full-time employees who are at work all day. Your company violates federal law if it tries to discipline or fire an employee who is on FMLA leave because he or she is isn’t producing as much work as the employees who are not on leave. A Good Worker Must Live Through Bad Times The worker in this new case was Debra Lewis. Debra began working for Illinois School District #70 in September of 1997 as a bookkeeper and … [Read more...]

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Do You Want Sundays Off Work?

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Do you want to have Sundays off? Does your job require that you work on some Sundays, or every Sunday, even though you would prefer not to? Now you can stay home from work on Sundays whether your boss wants to let you or not. But there is a catch: You have to tell your boss that you are going to stay home and watch TV. That’s right, a court recently ruled that an employer had to accommodate a worker who wanted to stay home from work on Sundays and watch TV – church TV. The worker, a woman named Kimberly Bloom from Pennsylvania, asked to be excused from her grocery store cashier position on Sundays for “religious reasons.” But she did not want the day off of work to go to church. She wanted the Sunday off so she could stay home and watch church on TV and spend time with family … [Read more...]