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Correct, DOL is...however, when EEOC investigates, they can and will check for FMLA documentation, etc. BTW, I DID get UI when I quit under circumstances (I won UI on appeal; I was able to prove my employer's discrimintory actions, in their own writing...) There are a couple of books out...

Agreed, have your Dr. request the accomodations for you, in writing to your employer. They may not be able to accomodate in exactly the manner requested, but they are required to work with you on an accomodation that will work. Time away from work, your intermittent or even continuous FMLA...

Yes, file with EEOC. It never hurts, and it they will put your employer on notice that they are under investigation. If they fire you for doing so, you have "retaliation" claims coming your way as well. Good luck.

My understanding, under the law, the harassment that you have experienced is "retaliation" for you exercising your rights. I have a lawsuit for a very similar situation going in CA. Talk to an employment law atty in your area ASAP. Their actions may also fall under disability discrimination...

CA has very stringent (not to mention OSHA) workplace safety standards. Your manager, who is supposed to be "responsible" for your safety, is about as useful as most managers are.

I am in the midst of a lawsuit, partially due to similar circumstances. I was written up and told by HR that I have an attendance problem due to my use of FMLA and at least 3 corrective action letters from my manager telling me that I would lose my job if I used any further FMLA time. This was...

...unless otherwise requested....

In CA, if you have documented illegal activity by your employer, you may contact the Department of Fair Employment and Housing. Illegal activity would have to fall under a protected class or protected employee activity. You have to remember, that HR is going to scream the loudest about these...

Returning to work with the pump would most likely fall under the "reasonable accomodation" heading for a "disability" under ADA or your state employment disability laws, whichever provides greater protection, state or federal law. If your employer is uncomfortable with the the pump, then you are...

At the end of the 12 week FMLA period, your employer's short/long term disability policies would come into play. Your state employment disability laws as well as Federal ADA laws would also protect your husband after the 12 week FMLA, if required and applicaple.

The EEOC will sue on your behalf, if they find enough documentation in their investigation to warrant doing so. If you request a right to sue letter from the EEOC, they will stop their investigation as your request for a right to sue means that you have your own attorney and you intend to...

I will pipe up now....and this will take a detour from "just" the employment side of things. Your boss is verbally abusing his son, in the work place. His son was expelled from school due to threats made about weapons. I would guess that the child's behavior may be linked to an abusive "home"...

http://www.dol.gov/whd/fmla/finalrule/factsheet.pdf http://www.eeocoffice.com/States/texas/texas.htm To The OP, file a complaint with the EEOC ASAP as well as the Texas Department for Civil Rights. http://www.twc.state.tx.us/customers/jsemp/jsempsubcrd.html Your medical condition...

HIPPA covers medical institutions, Dr.'s offices, etc. and prohobits the release of any private medical information from the holders of private medical information. That being said, the right to free speech is voided when it comes to the medical privacy of any patient being treated by any...

I do have a question regarding the OP's FMLA for disability. Does the approved FMLA state that you may need intermittent time off (a few hours here or a day here or a day there)? Trying to clarify just what type of time frame the FMLA has been approved for. Did your employer approve your...

Hi Placebo, If you are just wanting to resolve the issue with your HR folks, I would simply take in a copy of what info you have and ask them to walk through the process with you so that you are all on the same page. :)

I am glad you have formal training in ADA and FMLA, whew, what a load off! What year did you receive that training?

I just won my unemployment on appeal, under obviously different circumstances, but I will also note that the employer still has the option at this point (in my state under CA UI) to appeal the appeal. If you have the information from the NLRB, your filing paperwork, etc. take it with you. If...

Your manager cannot create his own policy that is more restrictive than that of the company to hold you to a different standard than what the company guideline is.