Is this harassment and does my mom have a case?

Question

My mom has worked for Taget Stores for the last 15 years. She went into the hospital recently for depression. Target let her back to work, told her it would be unexcused as they don't except "doctor's notes", but wanted to know why she was in the hospital. My mom refused to tell them why since it was not going to help her anyways.

They threaten her with her job and my wife called stating if they did not leave her alone my wife would make a complaint with the labor board. Thus far my mother has had her work hours cut from 40 hours a week to 26. A mangers son has the most hours and they said her hours are to low to keep her health insurance.

Does she have any form of a case? Should we seek a lawyer? What actions does my mother have.

She's 58 years old, work there for 15 years, and lives in California.

Please help. Only serious answers only, all others will be reported!

Target states for in order to have any medical insurance she needs to be over 30 hours per week. I find that B.S.

She did not want to disclose her mental condition.... she tried to commit suicide on pills and was in a psych hospital for 3 days.

Answer 1

She needs to be honest with them to stand a chance. There are some laws to protect people if they go for drug or alcohol treatment but I don't know about mental health.
They may not have a connection between her absences and her cut hours. Why would low hours keep her health insurance?

Answer 2

Doctor's notes have no legal bearing when it comes to job protection. However, your mother could file for FMLA (see, if she had explained why she was in the hospital it likely would have been offered to her) which will protect her job for up to 12 weeks (but it's not paid leave) after which she would have to be reinstated to the same or very similar position.

Your wife calling the job was not smart and actually makes her look like the harrassor. No matter how much she cares about your mother, she has no legal right to call the employer. That likely hurt your mother's chances.

It is also legal for the manager's son to have more hours.

Your mother should request, in writing, Family medical leave, or FMLA, to cover the time she was off. There are forms required and medical information will be shared, but the law will protect her if she qualifies for the leave.

Answer 3

So far all of these answers are WRONG..

First - this should NOT be unexcused time. If she is working over 30 hours per week, she has worked enough hours to be eligible for FMLA which makes this an excused absence.

Second - she does NOT need to disclose to anyone there the nature of her illness. Only that she was unable to work and that now she is able to work. There are medical privacy laws that protect her personal medical information. If the company needs to verify her ability to work, they can send a copy of the job description to her doc and he/she can verify her ability to do the job.

I would not go to a lawyer yet, but she should be speaking to their HR person. HIPAA laws protect her privacy and FMLA protects her time off. As soon as an employer is aware that an eligible employee is off for a covered reason, it is their obligation to provide the forms. She needs to ask why they were not provided.

If the only thing that has changed at work is her medical condition and now her hours are being reduced, she could have a compliant. She should also mention this to HR. If it doesn't get anywhere, you may want to consult a lawyer or at a minimim contact the Department of Fair Employment and Housing.

Good luck.

Answer 4

i feel for your mother; i live in the state of Indiana and dealt with harassment with my past employer; it was the worst 6 months of my entire life; in the state of Indiana it is an "at will" state which means they can fire you for no reason; i suspected that the reason they harass me was they suspected my husband was sick and wanted to get rid of me due to higher health insurance premiums due to the company i had worked for was very small.

now for the state of California like the others stated may be different; i am married to an attorney and we both sought the consult of an employment attorney.

normally a doctor should be able to write an excuse stating that your mother was in the hospital and unable to work, but in this case they apparently wanted the specifics which most likely falls under privacy.

please;;;;;;;call the California bar association and request a name of an employment attorney asap. most attorneys will give you a free consultation or at least charge you for a hour or 2 for their advice.

also, your mother needs to get the materials that states what Target can do or not do; you know the handbook that all employers give the employees when they are first hired; it will state what "rights' Target has or not have.

an employment attorney in the state of California could then tell her if she has a case or not. also, your mother will need to keep a journal daily of all activities which is what i had to do;

Target is like all other employers that want to get rid of "older employees" due to the the cost of high medical costs. at your mothers age, she may have trouble getting medical insurance on her own due to an "pre=existing medical condition.

also at 58, if they let her go, she may have trouble getting another job or may have trouble getting unemployment compensation if they dispute it.

again, contact an employment attorney asap;;;;; then you will know if you have a case or not. an attorney will tell your mother what steps she needs to take to keep her job and more importantly keep her health insurance.

unfortunately, Target may make her life unbearable in the process and that is the reason for her keeping an journal of what happens today and the future.

i hope it works out for your mother. i feel her pain.

but once again call an employment lawyer asap and if you really want to help your mother, help her pay for any legal costs if needed.

you only have 1 mother and when she is gone, she canno't be replaced. i know since i lost my mother at age 37 and my father at age 46. what i would do to have them back again.

good luck.

Answer 5

She has to disclose this, at minimum, to the company HR department at corporate, and I highly suggest that she does that.

They have a right to know why she was out, and to make a determination if it is SAFE for her to work, otherwise Target is liable.

Mental Illness is a legally protected class just like any other short-term disability, however, you CAN'T be protected if you REFUSE to disclose the condition.

If she is cut below full-time, then yes, she will lose her health insurance, at Target or just about any other company. So it's not "BS", that is standard business practice.

A complaint with the labor board will not help you...they DO NOT litigate that sort of thing, and your wife needs to stay out of it and stop calling them to stir up trouble....she is not an employee of Target and they really don't care about her opinion.

I have a feeling your wife is putting your mother's job at risk, more than anything your mother has done.

PS: Only seek out a lawyer when you know you have exhausted all options, and so far you haven't, b/c the FIRST THING an attorney is going to ask is if you disclosed the condition...and she hasn't done that. He can't help her if she refuses.

Also, keep in mind, do you KNOW of anyone who has sued an employer that is STILL working for them? I don't.

Only seek the advice of an attorney if she is ready to lose her job.

Answer 6

Your mom's best claim, at the moment, is under the Family Medical Leave Act. Under that statute, she is entitled to the same position back if she takes up to 12 weeks of leave (in a year) for a significant illness. As you realize, a 26 hour a week job without health insurance is not the same as a 40 hour a week job with health insurance, even if her title is the same. So, it seems that the FMLA has been violated. Of course, the employer has to be given sufficient information to determine that her illness consituted "a serious health condition" and that she is, therefore, covered by the statute. Without that information they have no obligation to return her to her former position. However, she has advised the employer that she was hospitalized. I think a note from her doctor that she was hospitalized for three days should be sufficient without additional details, but you get what you pay for here in the way of advice. Check with a local employment attorney on that one. Employment attorneys like FMLA claims (easy burden of proof, and statutory attorney's fees) and will likely offer a consult for a reasonable fee or even for free.

The whole "excused" versus "unexcused" debate is a red herring. This is not grade school. These are not legal terms. In the work world a day of leave is paid or unpaid. She apparently has no paid leave. Unpaid leave is nothing more than the opportunity to return to work after having been out. You present it as though she got this, but in a sense she did not, in that they have apparently taken away the hours necessary for her to maintain health benefits.

Persons with depression may qualify for protection under the Americans wit Disabilites Act (ADA), but not always. This is a much more difficult claim, and will require that the employer be on notice of her disability. Read up on the ADA at the Equal Employment Opportunity Commission's website.

As a practical matter, you and your wife need to refrain from calling your mom's workplace. I know you want to help, but that is not helping. If your mom calls you, the best thing you can do for her is ask questions, take notes and help her keep a journal. Make sure that you get down exactly what was said to her, by whom, when and where, while it is still fresh in her mind. Have her review and sign at the end of the day to make sure you got it right. Keep work schedules and search for old ones.

The one other thing she might do is put in writing that she would like her old schedule back.

For example:

Dear Manager,

Since I returned from leave on [date], my hours have been cut from the 40/week I worked from [date] to [date] to less than 30. As a result I've been told that I am no longer eligible for health care coverage. As I have advised the store, my leave from [date] to [date] was for a serious health condition and required hospitalization. I understand that under the FMLA I am entitled to be returned to the same job and position that I had before my leave for a serious health condition. This includes a position with the same hours and benefits.

I appreciate any help you offer in resolving this problem and returning me to my prior hours.

Sincerely yours,


This puts them on notice. There is no question that the reduction in hours is anything but involuntary. If this does not work, see the attorney. (And shop for an employment attorney with the same care that you would make any major purchase. If one attorney wants too much money up front, check with others.)

Answer 7

First and foremost lets get one thing straight here. Unlike what the poster Mary B wrote YOU ARE UNDER NO LEGAL OBLIGATION TO ADVISE TARGET OR ANY EMPLOYER WHY YOU WERE OUT (the actual illness.) This is not only a Federal law, but a state law clear across the board. You live in California. I LOVE CALIFORNIA EMPLOYMENT LAWS! They are very pro-employee. Yes. Definitely secure the services of an Employment Lawyer. Your mother has a sweet retaliation case on her hands as well as a number of other legal grounds, but would be too long to get into here. You can go to www.martindale.com to search for an attorney or you can go to findlaw.com (I prefer martindale.) Now the poster Adam wrote not to go to an attorney just yet. Unfortunately, you don't have much time based on my experience. You can not sit on this and rely on human resources (besides they won't do anything trust me.) You must get to an employment lawyer and fast.

Answer 8

I now have another reason to not shop at Target. I hate that store. contact a good lawyer and see what the options are. i hope the best for your mother.