general anxiety disorder

I had to contact the Department of Labor to report violation of the FMLA law, Whistle Blowing law, discrimination and retailation for reporting them and Deformation claim. I later learned that DOL can only address the FMLA Violation. After months of trying to resolve on my on I turned it over to the DOL. I receive notification that the company was in violation of the fmla law. Believing that for the fourth time they would realize I was right all along. They would reinstate my employment and pay me for the time I have been off and unable to get hired at any other casino because of having a being fired on my record. They offer to reinstate my employment and 0.00 as a settlement. I have been off since 1/27/2009. In the process I have lost my House, about to loose my car, I can’t afford to go to the doctor and pay for RX, credit score have suffered really really bad, they tried to stop my unemployment by making false claims which cause me to have to wait an extra 10weeks without pay and several other problems. I tried to avoid this by constantly contacting hr department, general manager, corporate managers, labor law,eeoc,ada,and the DOL.They just don’t care what they have put me thur. I’m NEED YOUR HELP IN ANY WAY POSSIBLE PLEASE!!!!!!!!!!!!!

HERE IS A COPY OF THE 30 DAY LETTER MY ATTORNEY MAILED BEFORE I CALLED DOL. THEY NEVER RESPONDED.

I have been retained to represent ______ in an employment discrimination claim against _______. In November 2008, Ms.__ submitted a Family Medical Leave Act application to her employer requesting intermittent leave for the treatment of generalized anxiety disorder and depression. Her physician filled out the Family Medical Leave forms provided by the employer and Ms._____ delivered them to the human resources department. She was notified that her leave request was approved and she took leave on January 4, 2009.

On January 6, 2009, Ms._____ was notified that her Family Medical Leave application had been denied, retroactively. Because Family Medical Leave protection was withdrawn, she was assessed two “points” for the absence. This brought her to her maximum point level, placing her in jeopardy of termination. She was told that her leave was canceled because the doctor had not filled out the paperwork correctly. She was instructed to have her doctor complete the paperwork again.

Ms. ______ doctor completed and signed a certification form which Ms.____ hand-delivered to ______ in the Human Resources department again on January 27, 2009. In response to questions regarding the frequency of treatment and duration of illness, ________had written, “unknown.” The employer again rejected the leave application stating that Dr. ______ statement that the duration of the illness was “uncertain” was ambiguous. Ms._____ was instructed to obtain clarification from her doctor and suspended from the work schedule.

Thereafter Ms. ____ contacted her physician to obtain clarification and was told that he had completed the paperwork based on his assessment of her condition, that he did not know how long she might suffer from anxiety and depression and that he was not able to state anything other than “unknown.” Ms. ____ then contacted Ms.____ in an attempt to resolve the employer’s concerns over her family medical leave paperwork. She informed Ms. ____ that her own efforts to obtain further clarification of the doctor’s entries were interfering with the doctor/patient relationship. She implored Ms.______ to allow her to submit an authorization for the employer to contact the physician to obtain further clarification.

As the weeks dragged on, Ms.______ called Ms.______ almost daily to inquire whether she still had a job and if so, when she would be returned to the schedule. Ms.______ informed her that her employment was not terminated, but that she could not be returned to work until the Family Medical Leave issue was resolved. Ms._______ would offer no date when that might occur.

On March 13, 2009, over six weeks after she had been suspended, Ms.____ received a text message from Ms._____ stating, “we do not want u to suffer b/ c of ur doctor.” Ms. ____ was asked to return to work that day. Ms.___ asked Ms. ___ to send her something in writing authorizing her to return to work (as a suspended employee she was subject to ejection by security without a written return to work notice) and clarifying the date and time she was to return to work. Ms.____refused.

On 3/16/2009, Ms.____ received a telephone call from Ms.____ informing her that her employment was terminated as of Friday “because of FMLA issues.”
VIOLATION OF FMLA
The employer violated the Family Medical Leave Act by imposing terms for leave upon Ms._______ more onerous than the statute allows and TERMINATING her employment for leave-protected absences. While the Act permits the employer to receive proof of a leave-qualifying condition, after the physician has completed the paper work, the employer cannot

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