Legal Question in Employment Law in California

Harrasment while on Leave of Absence

I was taken to the hospital from the freeway via ambulance. My phones were left in the car. While in the emergency room, I had someone contact my house to have them notify anyone at my work of the situation. They found a number of one of my subordinate managers and had him call my supervisor. I was in the hospital 3 days, and taken off work for an additional 10 days. While out, I receieved an e-mail asking why I did not call my boss voice to voice (it is a long distance call from the hospital) I replied with the handbook page stating I had to contact benefits. He sent another e-mail telling me that I was insubordinate, uncooperative, and would be written up upon my return for failure to follow policy and insubordination. This did occur upon my return in the form of a final written warning. Prior to going out, I had filed an eeoc claim against my company with regard to gender discrimination. Any info on this issue as well as the legality of his contact with me while on an approved LOA will be appreciated.


Asked on 6/18/05, 8:58 am

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Harrasment while on Leave of Absence

Sounds like harassment re filing eeo complaint. Call me to discuss further. Approximately 60% of work done by my office is in this area of the law. Would be happy to speak with you. Offices in SD and Palm Springs.

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Answered on 6/23/05, 10:42 am


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