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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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My boss and I don't see eye to eye and she has been making

Customer Question

My boss and I don't see eye to eye and she has been making my life a misery but I am still getting my job done. Both my dad and father in law died in 5 months and she all but forced me to take leave. Should I be concerned that she will try and eliminate my position. I have been out 5 weeks only.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New york
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I only worked there for a year. I was head hunted from another company. All was great first 6 months and then something happened and she did not have anything good to say.....most folks say she was expecting promotion and now feels threatened by me. I am in a very senior position
Submitted: 6 months ago.
Category: Employment Law
Expert:  Legalease replied 6 months ago.

Hello there --

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What type of leave did you take? FMLA leave or a bereavement leave? Also, do you have a written employment contract with this company.

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MARY

Customer: replied 6 months ago.
I have only taken vacation but they had me apply for FMLA too to supposedly save me from using up my vacation time. Yes I have an employment contract.
Expert:  Legalease replied 6 months ago.

Hello there --

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With an employment contract, the terms of hiring and termination are set forth therein and if anything is not mentioned, then it falls to employment law. What that means is that you could be and probably are an employee at will if your employment contract does not address the means and methods and reasons for which they may terminate you from the employment. FMLA only covers you for up to 12 weeks of leave with the approval of a doctor and if you go beyond that the employer is entitled to either terminate your position or offer you something at a lower title and pay rate. So you should be careful with the FMLA leave and make sure that you do not go beyond that amount of time. It truly is up to you and your doctor regarding how long you are out on FMLA leave but if you are concerned about her moving in on your position then my suggestion is that you try to get back to work sooner rather than later.

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I hope this helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the star rating section so I will be credited for my time assisting you today? THANK YOU VERY MUCH