Legal Question in Medical Leave in California
FMLA Discrimination After Return
After working with new manager for about a month after FMLA return, I was defined as having a performance issue despite being an excellent employee prior to FMLA leave. Do I have grounds for discrimination?
Asked on 1/09/05, 3:15 pm
1 Answer from Attorneys
Alden Knisbacher
knisbacher law offices
Re: FMLA Discrimination After Return
You may have grounds for a retaliation claim; as well as a claim for defamation -- depending on the facts. . . the key while you're still working is to document everything -- by letters to management, and to complain in writing about the writeup -- (and follow whatever other procedures are available -- e.g. grievances if you're in a union.) Feel free to write back or call at 415-522-5200. Good luck.
Answered on 1/11/05, 2:29 pm
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