California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
I started my job six months ago, I have been put under a lot of stress and my manager micromanages and also is very rude that it makes it hard for me to approach her, every day I go to work is an uncomfortable feeling and I have felt so much tension, and bad headaches because of this. Can I see a doctor and be put on disability? She also denied for me to work 4.0 hours and told me I had to take a PTO day, I didn't understand being that I am a salary employee. She also asked another employee if she knows what time I get in the morning, because she feels I dont work a full day and i always have babysitting issues. My kids go to school 8-3pm I have never had babysitting issues. I want to meet with HR tomorrow and tell them how I feel. Can I qualify to go on disability? I also want to transfer to another dept asap!! She has never manages before and has no experience.
Hello and welcome to JustAnswer.
I'm sorry to hear about your situation and hope I can help.
Other than stress, do you have any symptoms, such as insomnia, anxiety and/or depression?
Have you seen a doctor yet about the stress you're experiencing from work?
yes, I cant sleep at night. Im constantly thinking of how she makes me feel. Ive also noticed I am not happy, i dont know if thats being depressed. I do feel anxiety when I am there and I sit right behind her which makes it worse.
I have an appointment tomorrow to see a Doctor.
Yes, if your doctor determines that you are unable to work due to the extent of the stress that you're experiencing, including anxiety and insomnia, then your doctor can an sign off on your disability paperwork and you will be able to collect disability.
However, contrary to popular belief, being on disability does not give you any form of job protection. Unless you also obtain FMLA leave or another form of protected leave, you can be terminated while you are out on disability.
I hope the above information is helpful.
Please let me know if you have any follow up questions.
If not, please remember to rate my answer positively so I get credit for my work!
Thanks and best of luck!
Please remember to rate my answer positively so I get credit for my work!
Or, please ask me any follow up questions you have here.
If you don't rate my answer positively, I get nothing for assisting you and the website recoups your entire deposit, so I'd greatly appreciate your positive rating.
How many employees does your employer have? Is it more than 50?
While you would be able to receive FMLA leave, you have to work for your employer for at least 12 months in order to receive FMLA leave, so you wouldn't be eligible.
You still may receive job protection, however, if you qualify as a person with a disability under the ADA or FMLA and need time off for that reason.
However, based on the conditions that you've mentioned, it may be difficult for you to be considered disabled, since your conditions don't appear to majorly impair your life functioning in a significant enough way.
I definitely think that it's a better strategy to inform HR about your concerns. However, it's also important to note that your employer is not doing anything illegal by making you clock in and out even though you're salaried. As a salaried employee, your employer cannot make your wages contingent upon the number of hours that you work. But your employer is free to require you to clock in and out even if you are a salaried employee.
This is due to the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:
"An employment, having no specified term, may be terminated atthe will of either party on notice to the other. Employment for aspecified term means an employment for a period greater than onemonth."
I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate direct and honest answers to your questions.
You should definitely ask HR to be transferred then.
Thanks again and best of luck!
Yes, unfortunately, FMLA needs to be from your full time job that would be causing you the stress, and not from your part time job that you've been working for three years.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).