What legal actions can I take?
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What legal actions can I take?
I was suspended from work on 12/19 for an incident that occurred on 12/12. I am part of a union and received no representation. This is my first
Asked on December 24, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Being suspended when another employee who did the same thing was not may be retaliation, IF your offenses were truly 100% equivalent and if the two of you are in similar positions and have similar "track records" at work, so that the only difference is your use of FMLA leave. In this case, you could file a complaint for retaliation with your state's department of labor.
If there is some difference in the offense--though you claim there is none--or the other employee is in a different position, level, or department, or has been there longer than you or has higher performance review or less complaints againsty him/her for other reasons, then it might not be retaliation, since in those situations, there is a reasonable, non-retaliatory reason for the difference in treatment. Retaliation is when the only credible reason for the treatment is the use of FMLA.
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