Monday, May 24, 2010

29CFR825.825.220 - Protection for employees who request leave or otherwise assert FMLA rights.

29CFR825.825.220 - Protection for employees who request leave or otherwise assert FMLA rights.

I stayed up very late until the wee hours of this morning yesterday. I spent a lot of time researching the FMLA. Did I have my rights denied? Was my employer negligent in telling me about FMLA? They wanted me to file a disability claim and contended that I was disabled, but I didn't think I was. Oh boy, was I wrong. I was sick in the head at the time, very psychotic and very erratic. I couldn't focus and I had major concentration problems. My mind raced all day long thinking of what I needed to do and get accomplished each day. I was unable to work. I spoke to my managers about taking some time off, or working at home and they denied me those accommodations. They never spoke of the FMLA to me and it is a requirement for employers to do so. I feel like I was taken by a powerful company but I am going to fight back. I will assert my rights, talk to an attorney and prove to my previous employer that I indeed was denied FMLA rights and should be reinstated. I want to be compensated for lost certifications and have them all paid for when I have to retake the tests. I will have to ask for reasonable accommodations at the test center to allow me 25% more time to finish each test as well.

I feel that I need to assert myself nowadays. My fiance doesn't like it, she thinks I am just drumming up my past and it's all dark and dreary. But I have to do this for myself because it is the right thing to do when you know you have been done wrong. How was I supposed to know about the FMLA federal law? Did my employer even have this posted on the wall at work? I need to really assert myself more and take back my life and go back to work. I have a right to be reinstated and maybe if I get sick again then I will have disability rights once again and I will be able to use them if I become too sick. I will feel better and although I am not certain what going back to work will mean I know that I will utilize the right to ask for reasonable accommodations for my disability and should regain my status as a full time employee who may not have to be as productive as the normal employee without a disability. I can ask for a waiver to be able to work up to 40 hours a week and ask for a minimum wage as part of my lawsuit deal, that I shall earn commissions as well as be given the special minimum wage requirement by federal law for those who have a disability. It's like getting something for being damaged. So this would pay for my life insurance policies. I would be set to get back to work. All commissions above my minimum wage will go towards bills and the like, so maybe this can be a reality. Maybe I can convince myself that going back to work is a good thing, that I will remain stable and stay focused on a few things rather than a ton of things. I could ask for secretarial support and be included in a mentorship program or even working in another agency by way of a partnership agreement. I could establish a valid business entity and deduct all business expenses from that. I still have some savings left that I would be able to use towards bills while I build up my clientele again. I would retain my previous clients and service them too. All my residual commissions would be active again and I can study for the right to be able to ask for a fee for service business. Establishing this would enable to start right from the beginning as a known fee based business entity. I would like that. I could study for the tests to become licensed again while I am still on disability and have an agreement with agency that I be allowed 6 months to get back up to speed. Having that ability to know what my rights are ahead of time certainly puts a light in my favor knowing that I cannot get screwed again.

Would I have the ability to go out on disability again for being bipolar and too manic? I would have to research this and find out. I will do that know, because I am too excited to find out.

Assert your rights with first knowing what FMLA can do for your situation!

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