Work Is Timing My Poopy Times For My Medical Condition In California
Location: Southern California.
I’m looking for some legal advice regarding a situation at my workplace in California.
A couple of months ago, I reported my manager to HR because he was consistently rude and passive toward me. Shortly after that, he transferred to another store. Since then, I’ve noticed several changes in how I’m being treated at work. Him and I had friction but when he left (unrelated to this, and found another location closer to his home. Commutes 2 hours away) HR said they have been watching me in the cameras and timing me when I got to the bathroom and for how long.
I have a medical condition that requires me to use the restroom unpredictably. My doctor provided a note stating I need restroom breaks as needed. When I first started. Recently, HR contacted me and said my note was too vague. During that conversation, they told me they had tracked my restroom usage, including how many times I went and the total time spent. They referenced a specific day where it totaled over 100 minutes in 2 weeks This made me feel very uncomfortable, especially since it feels like I am being monitored closely. They wanted me to file for intermittent FMLA so I would basically clock out, poop, clock back in and that time I was off the clock I guess the state pays for?
Since that conversation, I’ve noticed that my managers appear to be watching me more closely during my shifts. I also had a sit-down conversation for something very minor, like closing the store 11 seconds early. In addition, my hours have slightly decreased from around 38–39 hours per week to about 35.
Scheduling has also been an issue. I’ve asked multiple times not to be scheduled for closing shifts because I’m attending school full-time. Despite that, I continue to be scheduled for closing shifts, while a newer employee is getting the mid/early shifts that I’ve been requesting for almost a month now
Overall, this situation feels like it started after I went to HR, and I feel like I may be being singled out. I’m trying to understand if this could be considered retaliation or if any of this raises legal concerns under California labor laws.
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