Greene, ME asked in Employment Law and Employment Discrimination for Maine

Q: Can a manager legally hold a berevment leave against a co worker?

So my wife is a supervisior for a department at a hospital. So, in March she went out on leave because her dad was dying and returned back in late July. While she was out, her boss allowed the workers to pretty much do whatever they wanted and didnt hold them accountable for anything. Now that my wife is back, my wife is trying to fix all the fires that was set when she was gone but not only that, now the workers dont listen to what she says. So, in search of getting support, she goes to her manager and all her manager does is either blow it off or says she needs to establish " competency" , so my wife went to another manager to see if she could help and my wifes boss told the other boss to not help her. So , we are starting to think that my wifes boss is punishing her for being out on bereavement. Is there anything we can legally do or are we just stuck?

1 Lawyer Answer
Kyle Anderson
Kyle Anderson
  • Employment Law Lawyer
  • Columbus, OH

A: There isn't really anything to be done in this situation from a legal standpoint. It is unfortunate that your wife is being placed in a difficult situation and is without assistance from her manager but I don't see anything unlawful here based on the facts presented. Was your wife taking care of her father for any period of time? If she was, her leave may be FMLA-qualifying. It would be unlawful to take any FMLA-qualifying leave into account in an adverse employment action, i.e., a termination. Hope this helps.

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.