Denver, CO asked in Employment Discrimination for Colorado

Q: What can I do if my employer is harassing and threatening me for calling in sick?

I've been with my company for 3 years now, I didn't really call in often but recently gave birth is Nov. 2016, I'm breast feeding and have been getting mastitis due to nursing. whenever I get the infection I call in. I had to call in for once a week now and 3 days this week due to me and the baby getting sick. One of the managers is basically harassing and threatening me saying they have to take further actions and that I'm taking advantage and abusing the absence policy despite having doctors notes. Is this legal for him to do this, is there something I can do about this?

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1 Lawyer Answer
Paul Tenorio
Paul Tenorio
  • Employment Law Lawyer
  • Centennial, CO
  • Licensed in Colorado

A: That type of employment situation can be frustrating. Especially with a new child. It's possible you may have a claim for harassment under Title VII, however I would want to know a few things. Do you have an employment contract? If so, what does it state regarding sick leave, paid time off, and non-paid time off? If there is no employment contract, what is the company's policy regarding sick leave, paid time off, and non-paid time off? Are there others similarly situated who are being treated differently than you? These types of situations require more in-depth analysis to determine how strong your claim may be either under Title VII or Colorado employment laws.

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