Dh filing a complaint against his boss w/human resources - Page 6 - Mothering Forums

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#151 of 165 Old 08-14-2007, 01:57 AM - Thread Starter
 
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Well, pretty major update here. Everything went as we thought it would- 'explanations' for everything that's happened. If these 'explainations' had existed before today, we probably wouldn't have been there b/c the boss's boss was very convincing. So, appt w/eeoc will be kept. If the explanations are true, there are valid reasons for everything, the only thing is these 'explainations' only came up b/c of this discrimination issue. (I'm really tired, hope that makes some sort of sense).

HOWEVER- apparently, there is a rumor (though from a very reliable source) that there will be MAJOR oursourcing, including dh's dept and most others by years end. This is good news for him b/c he's been wanting to find something closer to home and he has the opportunity to look while still employed, which is always nice. Bosslady won't know what hit her if/when that happens and I derive a sick pleasure in knowing that. I don't like to wish ill will on anyone, but what comes around goes around, yk?

Of course, it's ALL speculation at this point. But, I told dh we should at least keep the eeoc appt and decide what to do from there. He's at peace with the situation (for now) and I'm not going to push him. As long as he's happy (content) at work, that's enough for me.

Of course, if anything else comes up- I'll post, but it sounds like it's going to be dropped, except for the eeoc filing. Hopefully, it will follow bosslady wherever she goes.

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
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#152 of 165 Old 08-14-2007, 09:23 AM
 
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I'll join you in your sick pleasure of watching karma bite bosslady in the butt. Sorry, she deserves it. :

This whole thing sucks, but I hope some good comes out of it for you and dh.
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#153 of 165 Old 08-14-2007, 11:27 AM
 
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Ok Michelle, when you say it's all going to be dropped I don't understand (maybe someone else can fill me in if you're in school). Like, there's a 'reasonable' explanation as far as they're concerned so they're going to say it's closed? Are you filing a grievance with the EEOC just so it's on record to follow bosslady?

Whatever the case, I hope both you and your dh can be content and feel like at least a small measure of justice has been recognized (through karma if nothing else ). And I *really* hope the EEOC decides you have a legit discrimination case. I filed with them many years ago when my company let me go (7 mos pg) b/c they said they didn't feel like paying for maternity leave. Turns out there was nothing the EEOC could do b/c I was contracted through a different firm. I still have frustration over that, and will patiently wait for my karmic validation. :

Sorry, didn't mean to hijack. Keep us updated!
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#154 of 165 Old 08-14-2007, 09:36 PM
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I read through the thread-- sorry to hear that this is happening to you and your DH. Unfortunately, it is very common.

I'm an employment attorney (or was, before I decided to SAH!), so I just wanted to post a couple of suggestions (disclaimer: this isn't legal advice, per se, since ethically I'm not allowed to give advice over the internet).

First, from what I've read, your main claim appears to be a FMLA retaliation claim, i.e. DH applied for FMLA leave, and bosslady retaliated against him. FYI-- you do NOT need to file with the EEOC to preserve a FMLA claim. You can simply proceed with the claim just like any other lawsuit. The statute of limitations is, I believe, 2 years, so you aren't bound by the 300 day rule that applies to EEOC claims.

Second, w/a FMLA claim, the most important thing DH needs to document (aside from DS's disability) is that he provided notice to his employer that he needed FMLA leave. The Courts have interpreted FMLA quite broadly, meaning that FMLA is very employee-friendly, so DH's notice obligations aren't that onerous, but he will need to prove that he gave proper notice. "Proper notice" varies depending on the situation, but I would make sure DH has all his paperwork (i.e. emails, memos, etc.) in order so that he can establish that he gave proper notice.

Finally, and this is really why I posted, even though FMLA doesn't require an EEOC filing, you may want to go ahead and do one anyway just to make sure all possible claims are protected. However, I strongly strongly urge you to talk to an attorney BEFORE you go down to the EEOC. The intake officers at the EEOC are NOT attorneys, and they don't always take down the information correctly. This is a serious problem, because you as the plaintiff are bound by whatever information you give to the EEOC-- meaning, you can't later add a claim. Consulting with an attorney before hand will ensure that DH knows exactly what claims to make to the EEOC, and what specific information to give. In fact, I often give my clients a typed out EEOC statement, which includes all the relevant claims and facts, so that there is no possibility of confusion.

HTH! If you have any other questions, feel free to PM me. Good luck!
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#155 of 165 Old 08-17-2007, 01:33 AM - Thread Starter
 
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sorry it's taken me so long to update- then internet has been down at home and I can't get on at school.

As far as dropped- nothing will be done at his work by his work. He will file with the EEOC b/c he wants to get it on record, but b/c there have been no financial losses at this point (the raise thing was across the company, not just him- and it was only verbal that he was getting it in the first place). As far as I know, we can only sue for monetary damages if there have been monetary damages and we can't prove that.

I don't think we could sue just b/c and get anything. He's going to an offsite meeting after work tomorrow (read: happy hour) and talk with the people who have sources and hopefully the source directly.

Thanks for the info ggs- that's good to know. I called the dept of labor and they said it wouldn't be an FMLA claim b/c he hadn't missed too much work. Does that sound right? (and I know this isn't legal advice and wouldn't take it as such- just good to have a sounding board).

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
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#156 of 165 Old 08-17-2007, 11:53 AM
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Originally Posted by shelbean91 View Post

Thanks for the info ggs- that's good to know. I called the dept of labor and they said it wouldn't be an FMLA claim b/c he hadn't missed too much work. Does that sound right? (and I know this isn't legal advice and wouldn't take it as such- just good to have a sounding board).
Hmmm...not sure what they mean. DH specifically asked for FMLA leave, I believe, to care for DS? If so, it doesn't matter how much time he actually took off, as long as it is designated FMLA leave, then he is protected from any type of adverse action (including retaliation, which, based on what you've stated, is what I believe your DH experienced). For example, I've read cases where employees need to take a few hours off each week for chemo or dialysis. This is protected FMLA leave, even though the employee is only gone from work a few hours a week. So really, the bottom line isn't how much time off you are taking, but why you are taking the leave (e.g. in your case, to care for a disabled relative).

On the issue of damages, you can still sue just for the civil rights violation for mental anguish damages. But, w/o an economic loss (like a missed raise or bonus), your chances of finding an attorney to take the case go down (mostly b/c the bulk of the monetary award comes from the economic loss, rather than the non-economic (mental anguish) damages). Also, I believe with FMLA, you cannot sue just for mental anguish damages-- you need to have experienced some financial loss.

Hope that makes sense.
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#157 of 165 Old 08-17-2007, 06:57 PM
 
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Is he sure it was company-wide? That sounds like something they are saying to him that may not be true.
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#158 of 165 Old 08-20-2007, 11:13 PM - Thread Starter
 
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Sorry to take so long getting back.

No, he's not sure it's company wide, but it's clear the company isn't going to do anythign about it, so no point in continuing with them.

Also, to prove something he was only told verbally, without anyone else there is near impossible.

He's getting his resume ready, in anticipation of the dept closing. We're pretty sure it will happen, just a matter of when. His exact job is posted for another company, so hopefully it will work out.

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
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#159 of 165 Old 08-28-2007, 10:42 PM - Thread Starter
 
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Probably last update- he filed w/EEOC and has been applying for new jobs. Hopefully something will come around before the end of the company. Ideally, something closer to home for more money!!! Think positive thoughts, please!!

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
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#160 of 165 Old 08-28-2007, 10:44 PM
 
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Originally Posted by shelbean91 View Post
Probably last update- he filed w/EEOC and has been applying for new jobs. Hopefully something will come around before the end of the company. Ideally, something closer to home for more money!!! Think positive thoughts, please!!

Sorry it came down to this - lots of luck coming his way!
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#161 of 165 Old 08-30-2007, 12:58 AM
 
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Good luck!
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#162 of 165 Old 08-30-2007, 01:25 AM
 
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I just read this entire thread and I cannot believe how vindictive his boss is.
What goes around comes around and she'll get hers! I hope things get better for both of you. Your Dh ROCKS! What an advocate for his child and family. I wish all of you well. Take care!

Update us on the jobs and what happens....

Jen, mama to  (M-13, N- 10, C- 8 rainbow1284.gif J- 3.5, and rainbow1284.gifJ -2, angel3.gifA (10/4/07) and 3 early losses)
We are expecting baby #7 in November 2013

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#163 of 165 Old 09-03-2007, 02:43 PM - Thread Starter
 
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Thanks! She really is vindictive and delusional b/c she actually thinks she's doing nothing wrong. In their big sit down, she had the audacity to say she 'knows what he's going through, after all, she's a single mom'.

I'm sorry, I know being a single mom is hard, but how EXACTLY does that relate to having a child with a disability???? I'm getting mean thoughts/feelings toward her.

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
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#164 of 165 Old 09-09-2007, 08:27 PM
 
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Sending you and your dh good job vibes!
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#165 of 165 Old 10-07-2007, 02:20 PM - Thread Starter
 
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Things have been relatively calm. Bosslady has been relatively nice and accomodating. Dh's job duties haven't been reinstated to his prior duties, but hopefully that will come with time. If she does it too soon, it makes her look like she 'lost' and she doesn't want that. She's not given him any problems about anything, so it seems we scared her at least a little bit into not being a mega-bitch.

We received a letter from the EEOC that this isn't something they aren't going to pursue, as there are enough 'reasons' for the actions. So, if we want to pursue further, we have 90 days from the date of the letter to do that legally. We could contact the Dept of Labor b/c of the FMLA issues, but since things are calming down and he's looking for something new already, we're going to just let things drop.

He basically wants to be able to do his job without a hassle and since that appears to be happening, he's fine with that. If she starts again after the 90 days are up, we can always file another complaint.

So, that's the boring update. I still wish bosslady would just go away, but I'm getting over my feelings of anger.

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
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