Q: My employer stripped me of some of my key benefits while on FMLA . Is there a clear case to be compensated ?
Been on FMLA since 01/25/18 . Worked with JetBlue at JFK in NY since 02/04/10 . Jetblue took away my flying benefits for over 50 days while on a FMLA and also many other employee benefits . Also I was blocked out of my employee intranet to make use of my benefits or even be able to communicate with my employment there with JetBlue . After making a big scene of things on Facebook , mysteriously my benefits and access were all unblocked . It is clear to me that it was not rightful or legal to take away my benefits while on FMLA . Also as I step forward to get back into my work I'm concerned to receive further difficulty from JetBlue based on recent manipulations done against me by them . FMLA is federal law . FMLA law has been broken . Normally when federal law is broken it is a very serious matter . Are coporate companies above federal law to disregard without consequences ?
A: There may be violations of the FMLA and state laws. A case evaluation may be worthwhile.
A:
Rule #1 - keep records, make notes.
Rule #2 - listen, pay attention, be cognizant of being perceived as or regarded as "disabled." Should you notice that your employer is treating you differently having returned from FMLA (they think less of you now and you have evidence of this), possibly after you have requested a reasonable accommodation (i.e. because of a serious physical or mental impairment, because you take medication, due to no longer abusing drugs or alcohol, speak up, inform human resources and keep records), which sometimes includes more FMLA leave or intermittent FMLA leave.
Rule #3 - if you suffer an adverse employment action (i.e. you are fired or demoted or not promoted, etc... which causes you financial harm) seek legal counsel immediately!
Never quit without having another job lined up first.
Federal laws must be followed by ALL companies. Unfortunately, the FMLA violations which are combined with the ADA, or other federal acts, have the potential for better remedies which include emotional distress damages and other relief not available under a solely FMLA claim; especially now that it looks like you are back on track, at least for the time being. Remember that bad things usually happen AFTER a person returns from FMLA and this is the time for you to take notes about not just you, but anyone else who came back from FMLA and what happened to them, which can show a pattern or practice of discrimination against persons regarded as or perceived to be disabled after using that law.
The FMLA is not an insurance policy itself. The employer can still fire an employee for a legitimate, non-discriminatory reason, but if an employee had excellent performance evaluations until they went on FMLA and then all of a sudden they are performing poorly, it starts to look like that employee is being regarded as disabled and that has the potential for being a great claim once damages can be proven (i.e often after being fired or passed over for promotions).
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