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: 4995
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

Can I sue my company for making me take FMLA for an illness

Resolved Question:

Can I sue my company for making me take FMLA for an illness when they have let other staff members go on leave without FMLA and they were paid 100% of their wages during this time.

Im ok with taking FMLA but im not ok only getting 60% of my wages and paying 100% of my medical premium im full when other didn't have to!

I feel like this is a discrimination issue.

Im in the state of CA.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service.

Did you have PTO or sick days available when you were forced to take FMLA leave at a reduced rate? Did you receive SDI while you were on FMLA leave?

Also, do you believe that this was discrimination due to a protected characteristic (such as race, gender, national origin, or ethnicity) or do you just believe that you were treated unfairly relative to other employees?
Customer: replied 1 year ago.
I have some PTO and STD in my ee bank which I have to take and after its gone, the state of ca 60% will kick in.

The other staff took leave ( one for 5 weeks and other took 6 months)
Neither of them had to ise their PTO or STD or go on FMLA. They were paid their regular salary and had full medical benefits.

I feel like its me and not fair. Not a protected class issue
Expert:  Joseph replied 1 year ago.
Hello Ashley,

Do you (or the other staff) have employment contracts with your employer that state that you don't have to use PTO, STD, or FMLA in the event of an illness or injury?
Customer: replied 1 year ago.
No, we dont.
HR picks and chooses who will and wont
Expert:  Joseph replied 1 year ago.
Hello Ashely,

Again, my goal is to provide you with excellent service today.

I hate to be the bearer of bad news, but I regret to have to inform you that there is nothing illegal about HR and your employer's practices, although they are extremely unfair and unethical.

Unless you are being discriminated against and treated unfairly relative to other employees on the basis of a protected characteristic you would not have a cause of action against your employer forforcing you to use FMLA leave while allowing other employees in the same situation to go on leave with 100% salary and benefits.

While it is very unethical, and extremely aggravating (I can relate having been in similar employment situations myself), it is not illegal for an employer or an employer's HR department to have 'favorites' and to treat people differently based on liking them more, thinking they tell funnier jokes, or any reason, as long as it is not due to a protected characteristic.

Personally, I sincerely XXXXX XXXXX were different and that it would be mandatory for an employee to have the same leave options available for all employees, but the current status of the law does allow employers to provide benefits to certain employees over others.

The primary benefit of using FMLA leave is that it is job protected leave, and your employer is prevented from discriminating against you for your use of FMLA leave or retaliating against you for using FMLA leave when you return. (If you were not forced to take FMLA leave, you would not be afforded the same legal protections and your employer could terminate you while on leave, even if you are being provided with full salary and benefits at the time).

If you do feel that you have been discriminated against or retaliated against on the basis of your use of FMLA leave, you can and should file a complaint with the EEOC, which you can do using the information available online here:

http://www.eeoc.gov/employees/charge.cfm


I realize that the news I have to give you is not entirely favorable to your situation, and I sincerely XXXXX XXXXX had better news to give you, but it would be unprofessional of me to provide you with anything less than an honest and complete answer to your question, and wouldn't be of any service to you if I did.

Please let me know if you have any follow up questions or need any additional information.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4995
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Sorry about the above typo of your name, Ashley.

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:

    849
    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:

    330
    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:

    3443
    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.