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Discrimination or Harrassment-California California

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  • Discrimination or Harrassment-California California

    I was out on FMLA for 6 months had cancer from July 06 to Dec o6. I had my last chemotherapy treamtment on Dec21 2006 Returned to work in Jan 3 07 got evaluation in June and was given a low mark on my attendance. I dont have active cancer in my body, but am under the care of a doctor and my manager continues to give me low marks. It effects my evaluation and raises. He is now giving me a hard time about make-up time and it feels harrassing. I am the only one that has to provide a doctor's note when I am out. What gives does anyone know?

  • #2
    I think that at this point trying to relate anything to a leave you took two years ago (and, btw, you were out for double the amount of time protected by law) is going to be an uphill battle.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      So becuase they let me out for 6 months, which at that time would've looked really ugly to give meu job away, I ma supposed to ignore the by products of everything and not go to the doctor and be well?????

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      • #4
        That's not what I said. But trying to prevail in a claim that you are being discriminated against in November of 2008 because of a leave that you took in 2006, particularly when only half of it was a protected leave, is going to be a very difficult process.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          So what would be my course just to get him off my back. He has been riding me like that for two years and here lately it is getting worse

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          • #6
            Unfortunately, you are left with changing jobs more than likely. Why do you think that your leave 2 years ago has anything to do with now? Are they still marking you down for attendance and have you been missing time since then?
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #7
              How much time have you missed this year? Have your absences this year been for various different reasons?

              Thanks.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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