what is considered harassment?

This is a discussion on what is considered harassment? within the Employment and Labor Law Questions forums, part of the Legal Questions & Answers Forum category; when an employee calls out for a sick day can the employer punish the employee by making him take the rest of the week off without pay?...

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  1. #1
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    what is considered harassment?

    when an employee calls out for a sick day can the employer punish the employee by making him take the rest of the week off without pay?


  2. #2
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    Unless the discipline is based on a protected class (race/color etc.) or other discrimination due other laws or a labor contract breach, this type of harassment, if you call it that, is legal.

  3. #3
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    In addition to considering whether this discipline constitutes “traditional” employment discrimination, OP, you want to consider whether it potentially violated the FMLA. If you and your employer are covered under FMLA and the underlying illness which led to the sick day is covered under the statute, then the employer’s disciplining of a sick employee in this matter would violate FMLA.


 

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