How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5221
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I started my job six months ago, I have been put under a lot

Customer Question

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.

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

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?

Customer: replied 1 year ago.

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.

Customer: replied 1 year ago.

I have an appointment tomorrow to see a Doctor.

Expert:  Joseph replied 1 year ago.

Hello Erica,

 

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!

Expert:  Joseph replied 1 year ago.

Hello Erica,

 

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.

 

Thanks and best of luck!

Customer: replied 1 year ago.
How do I obtain fmla? Who will approve it? Should I bring up how my boss is making me feel in tomorrow's meeting? How she does not respond when I say good morning and is making me clock in and out when I'm an exempt employee
Expert:  Joseph replied 1 year ago.

Hello Erica,

 

How many employees does your employer have? Is it more than 50?

Customer: replied 1 year ago.
Yes more than 50 maybe 300
Expert:  Joseph replied 1 year ago.

Hello Erica,

 

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 at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."

 

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate direct and honest answers to your questions.

Customer: replied 1 year ago.
Thank you I appreciate your respond! I would much rather be transferred to another dept than to work with her. Thank you again
Expert:  Joseph replied 1 year ago.

Thanks Erica,

 

You should definitely ask HR to be transferred then.

 

Thanks again and best of luck!

Joseph, Lawyer
Satisfied Customers: 5221
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
You mentioned I have to be working for more than 12 months, I have two jobs one which I work weekends and have been there 3 years but I have no benefits it's a hospital, but my full time job is the one I am stressed at does fmla have to be from the full time job since where I am being stressed out?
Expert:  Joseph replied 1 year ago.

Hello Erica,

 

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.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
Joseph
Joseph
California Employment Lawyer
5221 Satisfied Customers
Extensive experience representing employees and management