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 Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience:  Employment/Labor Law Litigation
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I got pregnant less than a year after I was employed by a company.

Resolved Question:

I got pregnant less than a year after I was employed by a company. My job security was not covered by FMLA unless a year after employment. After my maternity leave, I was told by my boss that my position is now part time because during my leave then discovered that my job can be done in a less amount of time. I now receive less than half of my salary and the money does not even pay for gas, daycare etc. My boss refuses to lay me off so I can get unemployment. Can they do that in Illinois even though am not covered by FMLA? Can I still get unemployment if I quit?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Yes, they can do this in Illinois and almost every other state, because FMLA didn't apply to you. FMLA had to be passed in order to give people protections when they went out on leave for medical issues, but FMLA has its limitations and you've run squarely into one of them unfortunately.

Quitting a part time job will not result in your getting unemployment. Unemployment will consider it unreasonable to give up part time consideration (your payment) without good cause, and while I understand your position, it is not legally good cause because the employer has done nothing illegal. Unemployment is going to consider it unreasonable to quit because you are still being paid more than your unemployment rate would be, while you still have time to seek full time employment due to your lessened work schedule.
Customer: replied 11 months ago.

Another issue is my boss yells at me and the other staff all the time. We are all afraid of asking her questions because she talks down to us and make you feel worthless. The work environment was so hostile that HR knows about it but as soon as they talk to her it will stop. But she starts right back again. What can I do about it?

Expert:  Allen M., Esq. replied 11 months ago.
Well, you used the word "hostile" which as become a buzz word in the employment law community. The problem is that everyone is using it wrong.

"Hostile work environment" was defined by the Supreme Court of the United States. It includes behavior like you are talking about, but there is a very important second ingredient that must be present. The harassment has to be based on discrimination due to race, religion, gender, age, disability or FMLA use.

From your statement, this woman treats everyone poorly, which is generalized harassment. Unfortunately, that isn't illegal in this country yet. The Supreme Court specifically stated that our employment laws are not a civility code, intended to make employers treat their employees fairly. Instead, ours laws are narrowly purposed to deal with specific issues of discrimination.

Some states, seeing a problem with that decision, have tried to pass workplace dignity laws that would make generalized harassment illegal, but none have managed to pass at this time.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 13 other Employment Law Specialists are ready to help you
Expert:  Allen M., Esq. replied 11 months ago.
I see that you rated my service as "ok."

Did you have some other question that you had, which I didn't answer? I want to address any questions you have.

Or rather, are you (understandably) upset about the nature of the law in your situation and how it doesn't seem to help?

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:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • 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
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.