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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19675
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I contacted my employer about a month into my maternity

Customer Question

I contacted my employer about a month into my maternity leave and asked them if once my leave under FMLA was up if i could be a remote employee and work from home 100% of the time as we wanted to move out of state and be closer to famiy. My direct manager said he was fine with it however his manager said that the company does not want to set precedence for one employee to work remotely as others can/ would expect the same. I know of at least 10 employees in the same organization who are remote employees 100% of the time and 5 of them were given permission to do so since I went on maternity leave.
I am not asking for any treatment that has not already been granted to employees in my organization. I was wondering what my next steps would be?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 3 months ago.


Thank you for the information and your question, however, I am not entirely clear on what you mean by "next step." If you are asking if you have a right to work remotely because other employees do, then the answer would be no, unless you can prove that the only reason you are being denied the opportunity is because of your gender, race, national origin, age (over 40), pregnancy/childbirth, religion, disability, or military service. Or, because you have used FMLA.

In other words, an employer never has to be even handed in their policies unless they are engaged in unlawful discrimination. If you do believe that you are being denied the opportunity because of one of the listed reasons I mentioned, then you would need to file a formal discrimination complaint through your HR/EO department at work. If they do not resolve the information in your favor, you can then file a complaint with the EEOC and contact a local employment law attorney to discuss your next step, which could be to file suit.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 3 months 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 29th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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:

Thank you.

Customer: replied 3 months ago.
If I quit my job or am fired for not returning can I collect unemployment? It would be in the state of Texas.
Expert:  Marsha411JD replied 3 months ago.

Although this is a different question, which the Site requires be posted in a new question thread (their rules, I don't make them or even work for them), I will go ahead and address the issue in an effort to assist you. Unfortunately though, there is no black and white answer in this case. No one, but the TWC can tell you whether or not you qualify for UI benefits and then only after they have gathered evidence from you and the employer.

Generally speaking though if you were terminated for refusing to work in the office, that would be considered termination for cause (unless you can convince the State that the decision was made with discriminatory intent because you took time off). In the case of termination for "cause" you would not be eligible for UI benefits. If you quit, you would have to convince the State that you had no choice but to quit and that you had tried to resolve the issue with the employer before quitting. That burden of proof would be very difficult to do in this case unless, again, you can show discriminatory intent against you in particular, or that they also demoted you and decreased your pay without cause.

Expert:  Marsha411JD replied 3 months ago.

Just checking again to see if you have further questions related to your original question. If not, I would ask that you please leave a positive rating in the box on the page of this question so I will be paid for my work by the Site. Without that rating, they will not pay me for answering your questions. Thank you

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