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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Have in writing that manager is building a case to get rid

Customer Question

Have in writing that manager is building a case to get rid of an employee on their time frame because they suspect the employee is looking for another job. Employee has hadd some health issues and family issues this year and all days have been approved to work from home. they are trying to use them as sick days and go with attendance issue.
There are other things that the company has done that seem shady, i have a list of a few.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you for the information, can you tell me what your legal question is? Also, were the health related absences taken under FMLA?
Customer: replied 1 year ago.
If they are looking to build a case what legal actions do i have? They were my wifes medical issues. I would work from home or take vacation or a sick day here or there. When they talk about being out sick I am working from home which they allow. It has always been approved when i ask before i do it. I ask if you want me to take a sick day then i will put it in as sick and not work from home. they most always say work from home. They also have meetings and exclude me, they have had dinners and have excluded me from my team of co workers. we have a new head of infrastucutre who my boss reports to. He hired a friend of his and has stated in messaging correspondance that he doesnt want people to know he favors him. this place has a habit of trying to get rid of people and try to not have them collect unemployment. This company has a bad replution of taking advantage of employees. I need to know what legal action i have if any. They do not know that i know all this. I am the messaging admin for the company so i have access to all email and Instant messaging conversations. There has never been a bad item in my file, i have been there 13 years. I am turning 43. they do seem to get rid of people they want to replace with a friend. lots of nepotism or cronism here.
Expert:  Marsha411JD replied 1 year ago.
Hello,
Thank you for your reply, however, I still need to know if you took FMLA for this time, and if not, why not? Does your employer have at least 50 employees and do you work full-time and have you worked there at least a year?
Customer: replied 1 year ago.
We have 700 employees. I have not taken Fmla because me getting sick was just flu or stack bug or pink eye and strep. I usually ask to work from home instead of taking sick day. My wife did do Fmla because she is having some issues. I work from home on days she needs help. I work full time and have been there for 13 years.
Expert:  Marsha411JD replied 1 year ago.
Thank you. You are entitled to take FMLA for your wife's serious health condition if you are required to care for her, so I don't understand why you would not have applied for that or why your employer didn't raise the issue. You can read about FMLA rights by going to: http://www.dol.gov/whd/regs/compliance/1421.htm
The reason I keep coming back to that is that absences associated with FMLA are the only ones that the law provides job protection for. In other words, an employer is free to use absences that are not related to FMLA and work production changes (if any) against an employee for attendance or discipline purposes as long as they would do the same for other employees who were away from work for any other reason other than FMLA.
Of course, an employer cannot treat someone more adversely simply because they are associated with someone who is ill or has a disability (temp or perm), but again, they can enforce production and attendance issues. The ADA reasonable accommodation rules do not apply to employees who want accommodations to take care of a sick family member. The reasonable accommodations rules only apply to the employee's own illness. So, that would not afford you any job protection when you take time off or ask to work from home.
Your best course of action is to right now request intermittent FMLA for the care of your wife when needed. Her doctor will have to certify that she needs the assistance, but if they do, you will then have protection against your time away from the workplace counting against you.
Please feel free to ask follow up questions if you have them. I would be glad to assist you further if I can.
Customer: replied 1 year ago.
Marsha, is there any employment law that I might be able to look at? They changed hours and did not give us notice. we were just told we had to work an additional 5 hrs a week. They have had meetings, dinners and have not included me in them. Its more of a hostile work environment. Some people are given time for training and others are not (within the dept). I have been there 13 yrs and have not had one thing negative in my file. I physically get ill at the thought of going in there. I am starting to look for another job as this is affecting my sanity and mental health. They have no consideration for anyone.
Expert:  Marsha411JD replied 1 year ago.
I did provide you with the link to the FMLA law, which is what you want to try to use. If you are an employee "at will" without a contract that states otherwise, your employer doesn't have to give any notice prior to changing hours, duties, etc.
The only time the behavior you mentioned would be illegal is if it was targeting you only and only because you are a member of a protected class or, as I mentioned, you are associated with someone who is covered under the ADA.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 5th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.