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Blatant retaliation coming directly from HR????

(18 posts)
  1. SOB

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    It is starting to make me feel like I am going crazy! Can she tell me something one day and then change her mind the next day and take it all back? i.e stating that I have 9 vacation days left to use for doctors appointments and/or any days that I am sick. Then after taking 2 sick days because of a flare-up (which was a direct result of the stress and treatment at work) I have all of a sudden exhausted all 9 vacation days and the 2 days will now be deducted from my pay check.

    My once approved accommodations that were in effect prior to me going on FMLA are no longer effective.

    This actually blows my mind...my manager's boss told my manager that I was not allowed to work from home any longer. My manager said he would not communicate that to me because both he and his boss had both approved otherwise. So my manager's boss said to direct any of my work at home notifications to him and he would deal with them. The policy states that employees can work from home at manager's discretion. However, this has nothing to do with employees that have a serious health condition and disability (the specific reason for my accommodation request).

    According to my manager, his boss specifically told him the following:

    Allowed to Work at Home = Managers Discretion
    Managers Discretion = Answer

    If employee name = "SOB" then
    Answer = "NO"
    Else
    Answer = "YES"

    These are the games they continue to play on a daily basis. They know that stress causes a flare-up in my condition and I truly believe, as horrible as it sounds, that they are using this to their advantage. They are angry that I threatened to file a complaint to the EEOC while out on FMLA.

    Since returning to work, I have made 2 attempts to file a complaint with the EEOC but after waiting for almost 1/2 hour, the call was disconnected and I didn't get any return phone call despite having left my number if such event were to occur. Very frustrating.

    I have learned of an active lawsuit that was filed against my company, which did get public attention. I found some references to it online and it does have some similarities to my situation.

    "Case 1:09-cv-10065-GAO Document 1 Filed 01/16/2009 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS Eastern Division Case No. ____________ EMPLOYEE NAME, Plaintiff, vs. COMPANY NAME, Defendant. ) ) ) ) ) ) ) Complaint and Demand for Jury Trial INTRODUCTION EMPLOYEE NAME brings claims for sex discrimination (pregnancy) and for retaliation and interference with protected rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and Mass. Gen. L. c. 151B, and for violation of the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq."

    I called the lawyer representing this case and spoke with her briefly. Her initial assessment fee is $350/hr. So, that was the end of that.

    The problem that I am faced with is that certain companies can get away with just about anything because of the different people who are or once were affiliated....and the amount of money they have. I don't know if I am fighting a loosing battle or not but they are coming after me full force so it is just a matter of time at this point.

    I am obviously missing something, why would they be this dumb? They use the top lawyers so it isn't that they don't know the laws and what they are doing is illegal. Something is off...any ideas?

    Posted 3 weeks ago #
  2. OnYourSide

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    Ask, in writing, for an accounting of how your 9 vacation days turned into -2 days.

    Are you salaried? If you are, they have no business deducting ANYTHING from your paycheck for missed days anyway.

    Regarding the accommodation: the boss' boss is a dipshit and you should mail them a letter explaining that, under the ADA, you're going to continue the accommodation which you've been afforded for X years because, as far as you can tell, it is not causing your employer an undue hardship.

    Posted 3 weeks ago #
  3. SOB

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    I started to write that email earlier today but decided to stop and let myself cool down first because I started my email with..."Is this a joke?"

    I am so sick as a result of the stress, I can't take anymore of it. I haven't slept or eaten in 3 days now. My head is pounding and I can barely move because my pain levels are through the roof.

    I am salaried but these people do whatever the hell they want. They lie, threaten, pin people up against each other, cheat, disrespect people, buy out the people they don't like anymore...they do it all. I will say the bitch they have in their now is a fabulous actress.

    As for the accommodations well remember the FMLA letter that you provided me with? That specifically mentioned my accommodations under the ADA and referenced the email that showed where it was approved. Of course having sent 2 copies of the letters, she had 2 copies of the email. I also discussed my accommodations with her in a meeting prior to me going out on FMLA leave.

    However, when I returned from FMLA...I had a funny feeling so first day back I wrote a letter to that affect stating that my previous accommodations still need to remain in effect (and mentioned the ADA etc.)

    Sure enough, this is when the whole accommodations topic comes up again. She says she was never aware of any accommodations. I said bullshit you weren't and I specifically referenced the letters and meeting. Then she all of a sudden remembers again and confirms.

    Then I learn from my manager about what his boss is up to and HR is in on it. Setting me up for failure by taking away my accommodations but thinking he is going to cover it up maybe. Long story short, I knew someone or all of them was lying so I threw every single one of them under the bus.

    I replied to the email that upset me in the first place and cc'd my manager, my manager's boss and HR. It was a very odd email that I got from another co-worker who I have never had any problems with in the past whereby he reprimanded me for missing a meeting that I did not accept and that he wasn't even invited to. In the email I basically stated what I had come to learn (basically they are gathering cause for termination) and how this email seemed to be of the same.

    Then I watched what happened. I didn't get a single reply to the email. My manager's boss was in my manager's office within seconds, door shut, not happy and looking rather anxious.

    I then went to my HR meeting and listened to what she had to say. She said she wasn't aware of any of that.

    Finally, I followed up with my manager, who again told me she was aware because the 3 of them had a meeting to discuss it the previous night (before I was scheduled to meet with her). He also said that from what I was saying it seems like she took his words out of context completely...and he was somewhat upset with me for throwing him under the bus, which I can't blame him for. His boss did yell at him for telling me (the truth). That speaks for itself I think.

    I asked my manager if he could write down everything that happened and that was said in those meetings. He is very hesitant about it because he knows his head will be on the chopping block next if he does. I gave him the book to read in hopes that he will get it and do the right thing (for his own sake).

    It is probably hard to follow what is going on cause my mind is racing and there is just so much crap.

    Posted 3 weeks ago #
  4. littlelulu

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    SOB, take a deep breath and calm down before you give yourself a heart attack from all this CRAP. Take OnYourSide's advice because she knows what she is talking about.

    Posted 3 weeks ago #
  5. msliberated

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    It's OKAY SOB, that's why you came to this forum for support.
    The Boss will act innocent of everything and make it appears that everybody is guilty and he is not-Pontius Pilate Syndrome. Your manager will be torn between doing the right thing and that is to back you up or lose his job. It's sad but you have got to understand that you might never get his full support. I have the same experience with my very own sup when we are in the presence of our Boss. You will feel in your heart that you he knew you are victimized but can't/won't do anything about it. We will be on our own in our workplaces(each one of us) This is the only place(this forum) I could come for full support.

    Posted 3 weeks ago #
  6. GovernmentPeon

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    Honestly, I would not give your boss any insight into what you are doing. A common thing I notice is that maybe one in the chain-of-command "acts" sympathetic (or maybe they really are), but in the end, they will not risk their neck to save you and will follow marching orders. Be very very careful in confiding in anyone in your chain-of-command. Most of the time they know they went along with at least some of the crap the others are doing to you and they don't want you go down with the ship.

    Buy a cheap digital recording device and carry it with you always, and never tell anyone you have it. Many times you can get your bosses to admit inappropriate things in these secret little meetings. Ask questions which make them attempt to explain and they will flounder and half the time admit that "they don't want to be involved" or that what is happening to you is "wrong". Something like that could carry alot of weight in court. Never hurts to have proof.

    Posted 3 weeks ago #
  7. OnYourSide

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    Yeah, unfortunately, you can't trust anyone at this point. Your boss is definitely more worried about covering his own butt than yours. Make sure you email confirmations of conversations - especially those concerning FMLA or ADA - and make sure those emails make it to your HOME email address as well. Absences that are for FMLA can be deducted from your pay, even if you're salaried, if you've exhausted paid time off.

    Posted 3 weeks ago #
  8. SOB

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    Thanks for all the support and advice everyone. You guys are probably right in the fact that they are all in on it. Why are people so evil?
    The way my company does things is so messed up, it makes no sense and seems very unfair.
    A regular employee with no known health issue has
    - unlimited sick days
    - STD (which they administer themselves)
    - FMLA
    - can come in late or go home early
    - work from home
    - no one tracks them

    An employee with a known health issue:
    -they ask them to go out on FMLA (basically indicating that if they don't they will loose their job).
    -once you are out on FMLA, it means you are also out on STD because they run concurrently.
    -then they look to see if the manager has been tracking their hours and sick days and will deduct the total from the 12 weeks of allowed leave.
    -After you have used a total of 12 weeks you are done. There is no such thing as unlimited sick days for you and you are required to report each and every second you are out of the office to HR. They watch you like a hawk. You feel like you should raise your hand to ask permission to use the washroom.

    Posted 3 weeks ago #
  9. msliberated

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    SOB, they are no doubt RETALIATING against you for going on FMLA. It's illegal and they will answer to ADAA or you can report them to EEOC.

    Posted 3 weeks ago #
  10. OnYourSide

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    Yeah - definitely, absolutely, positively retaliating against you for using FMLA and requesting a reasonable accommodation for your known disability. Keep close track of all this and one day you'll be able to use it all to sue the crap out of them. But likely not until after they fire you.

    Posted 3 weeks ago #
  11. SOB

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    What is ADAA? I am assuming it has something to do with American Disability Act?

    So I shouldn't file a complaint with the EEOC while I am still employed, I should wait until they fire me?

    Posted 3 weeks ago #
  12. msliberated

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    SOB- the best time to file is while you are still employed. EEOC has a very strict policy on RETALIATION. You will be protected by them......and forward. I'm currently under EEOC's wings and still on my employer's payroll.......harassment free!

    Posted 2 weeks ago #
  13. littlelulu

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    I have heard from various offices within Region 1 (Dept of Social & Health Services that covers most of eastern Washington state) that FMLA and Reasonable Accomodations are pretty much the "kiss of death" for a state employee. Once you ask for either (and God forbid you ask for BOTH) you are set up to be fired. A woman that used to work in my ex-ffice was also fired after she requested both. I intend to fight for others via my lawsuit. If I can find enough workers that this has happened to (at least 5), I am going to talk to them about a Class Action lawsuit.

    Posted 2 weeks ago #
  14. SOB

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    So my company has a lot of political connections both past and present actually. I often feel the sudden urge to puke every time one particular ad campaign appears on my TV.
    Their " belief in the need to achieve equality and opportunity "
    I can't think of a better candidate who I am SURE would LOVE to help me out, being co-workers and all. Not to mention I am the prime example of everything they stand for, think of the great publicity they would get!!!! :)

    Posted 2 weeks ago #
  15. msliberated

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    I change the channel everytime a commercial about my well-respected equal opportunity employer pops up! I feel you SOB! But the were just expose recently in tne MEDIA. I jumped up and down!!!!

    Posted 2 weeks ago #
  16. littlelulu

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    And the sad part is, I LOVE shopping at Home Depot because of their selection & prices.....NOW I feel guilty when I do...........

    Posted 2 weeks ago #
  17. msliberated

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    Lulu THD really do value their customers......very much so!!! Low prices and excellent return policy. Other dept stores call THD the creator of all Crooks because of these policy......

    Posted 2 weeks ago #
  18. littlelulu

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    I like the policy about if you find it cheaper anywhere else, Home Depot will match the price and beat it by 10%. The first time I tried it, I had a LOAD of T-111 siding on one of those lumber carts. I had the Ziggys ad with me (a Spokane based hardware & lumber store). When I got to check out, they started up with this blah-blah about it HAS to be the same brand, NOT just the SAME item. I told them to take the cart and go unload it then and started to walk away. Well, guess what? They started apologizing their asses off and gave me 15% off Ziggys price. When Ernst Hardware was still in business, the manager at the northside store began recognizing me when I came up to her kioske and would just say, "Where is it cheaper and how much?". She didn't even call the other home improvement stores, she'd just rig me up with what I said...........

    Posted 2 weeks ago #

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