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Agreed, it depends on who you are talking to and your employer.

All of your employer's actions, since they are occuring post your filing with EEOC, can be considered retaliation for having filed with EEOC. Anything that they do post your filing, can be considered retaliation and you are protected under whistleblower protection laws. That being said, your...

Tell them you have decided to rescind your resignation

Disagreed, there are a lot of checks and balances in place to avoid frivilous lawsuits, and that includes filing with a complaint with a govermental agency before hand to assure that there is valid cause. Remember Enron and Sarbanes Oxley? If your state agency or EEOC dismisses the complaint...

From my attorney..... My lawsuit contains the following - Interferance with medical leave Retaliation for seeking medical leave Disability discrimination Failure to provide reasonable accomodation Retaliation in violation of state law Failure to properly investigate, remedy...

Your employer may interfere with your request for FMLA by not giving you all of the proper certification to begin with and by making it as difficult as possible for the employee to properly provide certification to the company by not providing it. If your company did not do their part, it is...

I wanted to remind posters that your state may have more protective laws than those of the ADA, although with the ADA changes in 2009, the ADA is coming more in line with some state statutes. I am posting an example from a recent CA court case...

Ask a local employment law attorney how the employer's attendance policy stands up to your state employment laws. And yes, employer's do use attendance policies to discriminate against employees. It is fairly common actually.

To Patricia Young, no I would no trust my HR director for anything. They think they are exempt from employment law with the continued excuse of the economy. in CA, contact the DFEH.

The OP is in CA and CA disability laws are much more employee friendly than ADA. First off, the OP's daughter's employer had sufficient information to notify the employee of her rights under CFRA and FMLA and in the state of CA, the employee has no obligation to request this job protection...

You are correct. Does the OP have any evidence of the employer denying the her any other employment rights? If the employer has a history of denying the employee any other employment rights or even just denying that particular employee anything in general, it could lead to creating a history of...

I find CBG to be extremely discriminitory towards employees with disabilities. To the OP, file a complaint with the EEOC for disability discrimination. Obviously you have medical issues that most likely fall under the Americans with Disabilities Act. Oversleeping/sleep disorders are...

Creating a hostile work enviornment, generally relates to sexual harassment or racial discrimination while retaliation relates to disability, Family Medical Leave discrimination, harassment.

To the OP, I would not sign anything without first contacting an employment law attorney in your state. Although FMLA may be an issue this case, the OP's state laws for protected leave may provide greater protection than federal.

Employers can do a number of things to be discriminitory, such as using "attendance" policies to discriminate against disabled workers. Just because the sup or manager does not say outright that the employee is not eligible due to race, the undermining effects and intent may be there. What...

I also have a WC claim in for similar situation....when you file for WC, you are fighting the Insurance Company, not the employer. That being said, WC is difficult to find a WC atty to take your case. WC attorneys take a much smaller percentage cut out of a case than would an employment law...

http://archive.eeoc.gov/press/9-29-09.html

Hold on folks....EEOC....DISABILITY....to the OP, check your state disability laws and your company's LOA (Leave of Absence) policy for disability. Your employer must allow LOA (leave of absence) for a disability. Check your company policies on disability LOA. If they do not allow for LOA for...

http://www.goodrich.com/portal/site/grcom?GUID=dfc74e20dda2d110VgnVCM10000068f57eaaRCRD Know your employment rights...This is a perfect example of an employer that wants to operate as an insurance company and not an employer (thus thinking that they can bypass all employment laws) Note...

Clearly fraud or a misunderstanding of the definition disabled? I wish employers would stop beating up on employees when they disagree with the medical community or legal definition of disability....STOP.