How can I go about reporting employee FMLA abuse? CT

[ScaredBricks]

My ex-girlfriend has been abusing FMLA for the past 3-4 months. I told her I was going to report her and in turn she called the police and now there is a no contact order.
She has FMLA for her daughter, her daughter recently got cleared not to go to therapy any more. That was Feb. 10 of this year.
Her daughter used to go to therapy every Friday. My ex gave her employer a note stating that, and now get's to leave work at 12PM every Friday.
She still leaves early to this day, even though she isn't going to therapy.
Now when we lived together we shared my laptop. I have in it a .csv file from her medical insurer.
Her company has a public website that has a list of staff, including their emails and phone numbers.
I was thinking of sending an email to either the CEO or HR person, stating that she's been leaving early every Friday for fraudulent reasons, and attacthing the .csv file as proof.
Now my problem is, I'm not sure if it's legal to send the .csv file, and now with this no contact order, I'm not sure if this will violate that. I'm technically not contacting my ex, I'm sure if I go through with it she will know that I did it. And I'm not worried about that as I have moved out of state.

 

[LdiJ]

My ex-girlfriend has been abusing FMLA for the past 3-4 months. I told her I was going to report her and in turn she called the police and now there is a no contact order.
She has FMLA for her daughter, her daughter recently got cleared not to go to therapy any more. That was Feb. 10 of this year.
Her daughter used to go to therapy every Friday. My ex gave her employer a note stating that, and now get's to leave work at 12PM every Friday.
She still leaves early to this day, even though she isn't going to therapy.
Now when we lived together we shared my laptop. I have in it a .csv file from her medical insurer.
Her company has a public website that has a list of staff, including their emails and phone numbers.
I was thinking of sending an email to either the CEO or HR person, stating that she's been leaving early every Friday for fraudulent reasons, and attacthing the .csv file as proof.
Now my problem is, I'm not sure if it's legal to send the .csv file, and now with this no contact order, I'm not sure if this will violate that. I'm technically not contacting my ex, I'm sure if I go through with it she will know that I did it. And I'm not worried about that as I have moved out of state.

I certainly would not take the risks inherent in what you want to do. All you want is revenge and that's generally a poor idea.

 

[swalsh411]

This is strictly between her and her employer.

This is not "fraud". She is not being paid for this time, or if she is she is using sick or vacation leave. This is absolutely none of your business.

 

[cbg]

I am certainly not disagreeing with the character assessments here.

However, I do not agree that this is not fraud; not if the time is being characterized to the employer as FMLA. If the employee has arranged to take vacation time every Friday afternoon and it is not being protected as FMLA, that's one thing. But if the employee is claiming to be taking FMLA time off for a FMLA protected reason and she is not, that is a termination offense.

Now, our poster, who is everything the above posters say he is, may find himself with a dilemma; his "proof" is information that he is not legally entitled to have and is definitely not entitled to release, if I understand him correctly, and therefore in order to get the revenge his nasty little soul demands, he puts himself in jeopardy if he uses it.

On the other hand, on the evidence the employee may very well be abusing FMLA, unless (and this is definitely a possibilty), the employee has made alternate arrangements to take this time off and it is not being attributed to FMLA.

Machiavelli would be proud.

 

[ScaredBricks]

This is strictly between her and her employer.

This is not "fraud". She is not being paid for this time, or if she is she is using sick or vacation leave. This is absolutely none of your business.

Call it revenge or what ever, I came for answers not to be judged. I have every right to be vindictive, she got me fired from my job and kicked out of school.
She's abusing her FMLA rights and even laughed about it. About how busy she is and once 12:00 comes, she leaves everyone hanging.

 

[commentator]

Whether or not she does this, whether or not she has done something to you in the past, I swear I'd try to withhold myself from this tit for tat stuff, writing letters to her employer, the company CEO (who certainly won't care!) and identifying yourself, which will certainly give them proof you have done what you are not supposed to. The company will find out eventually, maybe some of her other co workers will get tired of her bragging about doing this and it will stop. Karma is a witch, and will get her in the end. She only has a limited amount of FMLA in a year to use. If she used it up now, when she didn't really need it, it might happen that something else came up and she would not have it then to use.

But in your current situation, it's just not worth it for the slight satisfaction it might give you to report her. They may or may not (and are absolutely entitled to do whatever they want to) choose to do anything to her even if you do tell on her. You've moved to another state, move on mentally.

 

[ScaredBricks]

I am certainly not disagreeing with the character assessments here.

However, I do not agree that this is not fraud; not if the time is being characterized to the employer as FMLA. If the employee has arranged to take vacation time every Friday afternoon and it is not being protected as FMLA, that's one thing. But if the employee is claiming to be taking FMLA time off for a FMLA protected reason and she is not, that is a termination offense.

Now, our poster, who is everything the above posters say he is, may find himself with a dilemma; his "proof" is information that he is not legally entitled to have and is definitely not entitled to release, if I understand him correctly, and therefore in order to get the revenge his nasty little soul demands, he puts himself in jeopardy if he uses it.

On the other hand, on the evidence the employee may very well be abusing FMLA, unless (and this is definitely a possibilty), the employee has made alternate arrangements to take this time off and it is not being attributed to FMLA.

Machiavelli would be proud.

That's the thing she's knowingly taking the time off because she knows her employer can't ask for documentation.

I'd imagine her employer has not made any arrangements, because she brags about leaving early even when they need her.

So releasing the evidence is a no no?

 

[cbg]

Her employer CAN ask for documentation if they have reason to believe that the situation has changed, but not more often than every 30 days.

I absolutely would not release your "evidence"; if I'm understanding you correctly you could get into serious trouble for that.

I'm not saying you can't make a phone call or send an email. But I'd keep away from sending any protected health information along with it.

 

[Zigner]

Believe me, if you do this, you WILL go to jail. You have a no-contact order against you. What you are proposing would violate that order (not to mention all the other things that have been said about that.)

 

[ScaredBricks]

Her employer CAN ask for documentation if they have reason to believe that the situation has changed, but not more often than every 30 days.

I absolutely would not release your "evidence"; if I'm understanding you correctly you could get into serious trouble for that.

I'm not saying you can't make a phone call or send an email. But I'd keep away from sending any protected health information along with it.

That's another thing, last year she called the Dept of Labor on them cause they were asking for documentation and won,back then she was legitimately using the FMLA, If I were to send her HR an email, would that give them the okay to ask now?

I'm sure they would love to hear about this, since they seem to have problems with employees abusing FMLA. She's been using FMLA as a shield, like they can't fire her for anything.

Also would this violate the no contact that's just been put on me?

 

[Zigner]

I'm not saying you can't make a phone call or send an email.

I am ...

 

[ScaredBricks]

I am ...

Even if I did it "Anonymously"

 

[Zigner]

Even if I did it "Anonymously"

Yeah - even if.

 

[cbg]

I don't know if it would violate the no contact order. Zigner seems to think it would. I'm not in a position to say one way or the other since I haven't read the order. I wouldn't rule out the possibility.

The DOL has some very specific language on when an employer can require FMLA documentation. If you (or your ex) believe that they are never under any circumstances allowed to ask for documentation, you are gravely mistaken.

Just to be clear: I am telling you in no uncertain terms NOT to release your alleged proof. Otherwise, I am not telling you to contact the employer; I am not telling you not to contact the employer. I am contradicting the previous response that says this is not fraud. IF (and I do not see that you can possibly know for certain - all you can know is what your ex says, which may or may not be truthful) you are correct as to what is happening, then yes, your ex is committing fraud, and yes, I believe (unlike some of my colleagues here) that her HR department would be interested in this information. What they would do with it, I can't tell you, but I disagree with the answers above that say no one would care. You may be interested to know that to the best of my knowledge, I am the only one of the responders to this thread who has ever been an HR director.

However, the risk to you is not non-existent, and may be considerable.

You have to make up your own mind whether your desire for revenge outweighs your self-protective instincts, or vice versa. As I said before, you've painted yourself into a truly Machiavellian picture.

 

[Zigner]

I don't know if it would violate the no contact order. Zigner seems to think it would. I'm not in a position to say one way or the other since I haven't read the order. I wouldn't rule out the possibility.

The DOL has some very specific language on when an employer can require FMLA documentation. If you (or your ex) believe that they are never under any circumstances allowed to ask for documentation, you are gravely mistaken.

Just to be clear: I am telling you in no uncertain terms NOT to release your alleged proof. Otherwise, I am not telling you to contact the employer; I am not telling you not to contact the employer. I am contradicting the previous response that says this is not fraud. IF (and I do not see that you can possibly know for certain - all you can know is what your ex says, which may or may not be truthful) you are correct as to what is happening, then yes, your ex is committing fraud, and yes, I believe (unlike some of my colleagues here) that her HR department would be interested in this information. What they would do with it, I can't tell you, but I disagree with the answers above that say no one would care. You may be interested to know that to the best of my knowledge, I am the only one of the responders to this thread who has ever been an HR director.

However, the risk to you is not non-existent, and may be considerable.

You have to make up your own mind whether your desire for revenge outweighs your self-protective instincts, or vice versa. As I said before, you've painted yourself into a truly Machiavellian picture.

That's a bit of a leap there However, I WILL concede that you are the most knowledgeable current or former HR director on this thread