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?

Related Topics:
1 Lawyer Answer
Paul Tenorio
PREMIUM
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.