I have cancer and my employer is demanding weekly updates
Hello, I have cancer and my employer is demanding weekly updates and expected recovery time from surgery and treatments from my doctor. I thought that if I asked for and they gave me the reasonable accommodation that they had to treat me like someone who does not have the disability that goes into the office. I feel discriminated against. Thanks
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I gave a restriction to my employer on 10/11/16 in regards
I gave a restriction to my employer on 10/11/16 in regards ***** ***** walking over 200 yards. Around 2:30 today (10/24/16), my employer had a meeting with me in our Employee Relations department and they asked me to fill out a FMLA form and have it returned to them. Also, they didn't want me to go to work anymore and asked that I leave. Ironically, I have a permanent handicap tag for the last 7 years (I've been with my employer for over 11 years) and I've been using the handicap parking with the permit and they've always been accommodating to that. Even in my job description, it only mentions frequent walking, so I don't know why they'd ask me to take FMLA and once that runs out, terminate my position. Can you please help.
State is WV. Wife messed up. After 25 years working for the
State is WV. Wife messed up. After 25 years working for the same state agency she got overwhelmed and forged a signature for some auditors. She was immediately escorted out of the building and given work to do at home.This was a week and a half ago. She received no written or verbal notice of firing. She has a meeting with HR this coming Wednesday. I read the employer policy and they can give her a warning letter, demote her or fire her, as what she did is considered gross misconduct. Policy also says they have to give her a written letter of intent to fire before they fire and so far this has no happened.My thoughts are whatever she does, don't quit. If she is fired she can get unemployment and she'll also get her annual leave that stored up as per policy, it's five weeks and that would be very helpful to our family.Any other suggestions? Not sure why she did it, at this point it doesn't matter, she got overwhelmed but the point is it's done and now we're just trying to respond in the most favorable way as our family moves forward. She makes more money than me and has our health insurance and we have three children.
I have an employee Class A Driver whom has been employed for
I have an employee Class A Driver whom has been employed for 9 years, 65 years of age and has been having difficulties performing job duties and functions for the last two years. our company has always catered his work assignments to fit his abilities, however due to growth of company the ability to cater to his physical abilities is becoming difficult. he is going to be presented with a write up due to an infraction of hauling a load of Hazwaste that was not contained properly and then abandoned it in our company yard and left work stating he didn't have time to clean the truck leaving 5 personnel to finish his work. do we have grounds for termination? does he have any recourse against the company?
ADA Human Resources Question: A nurse with a pulmonary
ADA Human Resources Question: A nurse with a pulmonary problem is needed to be on call during Thanksgiving. She provides a note from her doctor stating she can't be on call because of her condition. Her contract does not state whether she must take call at all. But If she does not work that day, other nurses who have already done their share of call would have to work harder to accommodate her request and that would cause a major morale problem and undue hardship for employer if these nurses leave.1. So far, this nurse has not had to take call and this could be considered a change in her responsiblities;2. Isn't the taking of call considered a bona-fide occupational qualification in a hospital based medical environment?3. If this nurse is fired, can she sue for failure to give reasonable accommodations?Thank you!
I've worked for a mortuary for 32 years the last 14 as
I've worked for a mortuary for 32 years the last 14 as manager.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I've worked for mortuaru for 32 years, the last 14 as manager, In may of 2016 i had shoulder surgery and i returned to work as manager. I can no longer lift over 30 lbs so I can no longer be on call and make removals. So i have returned to work on a light duty basis.JA: Is the employment agreement "at will," union, full time or part time?Customer: Bot***** *****ne is My last paycheck was cut by $5.50 and hour 2 weeks ago and the paycheck I got today was $6.75 an hour lower so i was cut another 1.25. I am an at will employee, no contract. I look at the labor code and from what i see the employer if they take you back can cut you 15% > i have bee cut almost 25% Do I have any recourse???JA: Anything else you want the lawyer to know before I connect you?Customer: State of Californias
I have been receiving short-term disability benefits from a
I have been receiving short-term disability benefits from a private insurer that is part of my benefits package with my (now former) company. I have been longer. I sent them a physician's note on October 11th that described my disability, and the note was asking them to please consider a position for me within the company that I would not have to travel for anymore. On October 14th, this past Friday, they set up a meeting with me and told me that they've receiving benefits since August. It is a position that requires heavy travel, and I have been advised by multiple doctors that I cannot and should not travel any been 'discussing this for weeks' (a lie, since I only sent them that note 3 days prior), and that 'they've exhausted all efforts' (in merely 3 days?), and the 'only solution they can come up with is termination from the job.' Is what they did (terminating me) legal or do I have a discrimination case?
I have been on SDI/unpaid LOA per employer as an ADA
I have been on SDI/unpaid LOA per employer as an ADA acooomodation. However there was a delay in info ( fit to work report) and they offered paid leave. I received paperwork and it reads like house arrest. Why should I give my SDI and FMLA up to do this? there is also an ongoing union grievance
My wife had health insurance through an employer, but
My wife had health insurance through an employer, but decided a few months back that she would be better off getting health insurance coverage on her own. She subsequently waived coverage through her employer and obtained her own coverage. Today the employer demanded that she not only show him that she has individual coverage, but all the particulars associated with that coverage (i.e. how much she pays in monthly premiums, what is covered, what company is covering her).I understand that, in order to show she is in compliance with Obamacare's requirement that everyone has health insurance, she needs to show that she is covered by some health insurance policy, but does the employer have the right to demand details that, frankly, are really none of their business?Your assistance is appreciated. Thank you.