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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1272
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Customer Question

I am a small employer in Nevada (14 employees), I have an employee who started with our firm 6 months ago while pregnant. She is giving one week notice and will says she will take only 1 week of FMLA (but can still collect disability from CA for a few weeks). The man who fathered her child joined us 5 months ago, he is taking 6 weeks FMLA because she says he can qualify under California disability for pay for 6 weeks.

1. Am I required to keep their jobs open for them (even with the mother). We have wanted to make her job part-time but decided to wait and re-evaluate the job when she took her leave---just didn't expect 2 sick days and 4 medical leave days. She had been salaried, and we have already been abused with lots of time off. It's just not working out.
2. We are feeling played. They want us to pay them off the books while receiving CA disability. We won't do that. However, can they receive cA disability even though they have been working and living in Nevada?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion.

How is CA involved here. Your business is in NV, they are employed by you and physically work in NV---correct? I don't see the CA connection.

Doug
Customer: replied 4 years ago.

It's just frustrating. El (not her real name) gave only 2 week notice (after being asked multiple times)--any law about that?


 


She says she only needs a week off.....I found that difficult to believe since she is not in good physical condition. Can I refuse her minimum days off she proclaims?


 


I would like not to hire her back.....do you see any problems?


 


Her boyfriend is going to now take 6 weeks because he gets CA FMLA disability according to them.....is that correct? They wants him to work for us in the evening when she is off work. Is that legal if he is getting CA FMLA?


 


I only responded for a CA attorney because it sounds like they are trying to take advantage of the system.


 


They have only worked for us 6.5 months and 5 months respectively.


 


 

Expert:  LawTalk replied 4 years ago.
Again, I really need to know how CA is involved.

Your business is not in CA but in NV right?

And the employees work for you in NV, and not in CA right? I can help you but I need the information I am asking for in order to do that. It sounds to me like there is felony fraud going on here.

Doug
Customer: replied 4 years ago.


Okay--just refund the deposit. I will search elsewhere.

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