#EmploymentRights #Retaliation #ProtectedLeave #EmployeeRights #WorkplaceFairness
Hi there! First of all, I’m really sorry to hear about the situation you’re facing at work. Dealing with potential employer retaliation after returning from a protected leave of absence can be incredibly stressful and challenging. But don’t worry – I’m here to provide you with some helpful advice and information to navigate through this difficult time.
**Understanding Your Rights**
When it comes to protected leaves of absence, it’s crucial to be aware of your rights as an employee. Here are some key points to keep in mind:
• The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
• During FMLA leave, your employer must maintain your health coverage under any group health plan.
• Employers are prohibited from retaliating against employees for taking protected leaves under the FMLA or other similar state laws.
**Recognizing Retaliation**
In your case, it certainly sounds like there may be elements of retaliation at play. Here are some common examples of employer retaliation:
• Receiving a negative performance review or disciplinary action immediately after returning from protected leave.
• Experiencing a sudden change in job responsibilities or unfair treatment from management.
• Being excluded from important meetings or company communications upon returning to work.
**Taking Action**
Now that you’ve identified potential retaliation, it’s important to take proactive steps to address the situation. Here’s what you can do:
1. Request a Meeting: Reach out to your direct manager and HR contact to request a meeting to discuss the corrective action that was issued without prior discussion. Express your concerns in a professional and assertive manner.
2. Prepare Documentation: Gather any relevant documentation, such as your approved leave of absence, communication with your employer, and evidence of your strong performance prior to the leave.
3. Seek Legal Advice: If you believe that your rights have been violated, consider seeking guidance from an employment law attorney who can provide expert advice and representation.
4. Keep Records: Document any further instances of potential retaliation or unfair treatment, including dates, times, and specific details.
**Standing Your Ground**
When meeting with management and HR, here are some key points to mention to help you stand your ground:
• Emphasize Your Compliance: Highlight the fact that you followed the proper procedures for taking a medical leave of absence, including submitting the required documentation and returning to work as scheduled.
• Address the Timing: Express your concern about the timing of the corrective action, particularly given the circumstances of your medical emergency and the holiday season.
• Advocate for Fair Treatment: Assert your right to fair and respectful treatment as an employee, citing your previous positive performance reviews and dedication to your job.
**Moving Forward**
As you navigate this challenging situation, remember that you have the right to advocate for fair treatment and stand up against potential retaliation. Remain professional and assertive in your interactions with management and HR, and seek support from trusted colleagues or legal professionals if needed.
I truly hope that you are able to resolve this issue and have the corrective action withdrawn. Remember, you deserve to be treated with dignity and respect in the workplace, especially during challenging times such as medical leave of absence. Stay strong and don’t hesitate to seek further assistance if needed.
Wishing you the best of luck in addressing this situation and moving forward positively! You’ve got this. #EmployeeAdvocacy #FairTreatment #StandUpForYourself
This might fall under legislation.
If you are being disciplined in essence for taking a medical leave then that is human rights discrimination.
Track everything. Take screen shots and bcc your personal email on any relevant communications. Then you have what you need to make a human rights complaint later if necessary.
>Does it sound like possible retaliation? Is there anything I should be doing or mentioning in my meeting with management/HR later to help me stand my ground? Ultimately, I’d want them to withdraw the corrective action.
This does sound like an automated message from the system. I’m assuming nobody had time over the holidays to adjust the deadlines. Wait for their reply
It sounds like bad employer practice. Are you union or non-union? I am a sr. hr leader and wouldn’t do this. First of all, if it was union, I would have a grievance for issuing a CAR without discussing or investigating with the employee first, for issuing a CAR wile someone is medically disabled and probably not following my own established processes. I don’t know who you work for, but these same reasons are expected to be followed in non-union and would go to the labour board. Therefore, if your manager and HR doesn’t correct this given the mitigating factors, I would look at my options.
I don’t think this seems to be retaliation and I think you jumped the gun running to HR about this without waiting to have a simple discussion with one supervisor. It’s highly likely that project plans were not updated and the alert you received was an automated warning, since nobody has mentioned it to you. This is how ours works.
If it was an intentional corrective action, someone would have brought it up. If this is the case and you rushed to HR instead of just trying to talk to your boss, things are going to be a bit uncomfortable after this.