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Recent employment law questions

If you are a Supervisor and your Manger is showing

Hello, if you are a Supervisor and your Manger is showing favoritism and not writing up certain employees for attendance. The supervisor mentions this to HR and the supervisor gets written up? Ststed that I am disparaging the company? Is this legal? Of course he added additional lies.Thank you

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TJ, Esq.

Juris Doctor (JD)

 
10,112 satisfied customers
I was just approved FMLA on June 21 and was fired on June

I was just approved for Intermittent FMLA on June 21 and was fired on June 22nd. I would like to put a complaint into ADA for non-compliance against Xerox. I was assured my job would be protected and it was obviously not. I had health issues that were affecting my job. I have informed FMLA, which is handled by Metlife and spoken with HR. I just want my job back. If I can't get my job back they should be investigated for breaking the ADA Law. I am 64, won't be able to get my medication, health insurance, and probably not be able to get a new job thank to Xerox and I can work with my various conditions.Helen Vorpahl (###) ###-####***@******.***

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Ely

Counselor at Law

Juris Doctor

 
62,078 satisfied customers
I have an employee on restricted work, can I terminate them?

I have an employee on restricted work, can I terminate them?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WVJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: We are an at-will employerJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
My employer which receives federal funds has failed to

My employer which receives federal funds has failed to provide me with reasonable accommodation due to the building in which I work. Additionally they have also retaliated against me due to my reasonable accommodation request. Can I file under 504?

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Dwayne B.

Juris Doctor

 
33,916 satisfied customers
My sister has MS and works at a library. Her 20 year work

My sister has MS and works at a library. Her 20 year work anniversary is approaching in Nov. and yesterday her boss and the HR rep ambushed her with a meeting asking her to retire in Jan 2017. They say she can no longer perform the role she was hired to do. The manager has been documenting incidents, most of which are exaggerated, and in one case, she was blamed for something a co-worker did. The HR rep says she must apply for FML by July 1. She works for a larger system where at least 2 other co-workers were given promotions without so much as an interview. A different co-worker was allowed to retire and arranged it so that she could come back in a p/t position that was just vacated, also without interviewing for the position. A different employee (who upset her branch manager by spreading vicious rumors) was allowed to transfer to a new location. She also has MS. All of these moves happened in the last 2 months. None of them were for medical accommodations.In all of this, could there any precedent set that my sister could use in fighting her "forced" retirement? Maybe something she could use to secure a position change to one that suits her abilities better? After all, it seems they can make room for other people and give out promotions and such like it's candy, for those who are able-bodied. We do have depts where people do not have to be able to walk to work. My sister can walk, but needs a walker to go longer distances. There is also a man on staff full-time with Down Syndrome whose position is completely tailored to his disability. He has worked for the library more years than my sister.Thank you for looking into this.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
If an employee in Texas has appeared to either 1) smell of

If an employee in Texas has appeared to either 1) smell of alcohol at work, or 2) may be drinking on the job, how do we handle the performance management discussion after the fact (the manager was not around at the time, but has been given feedback from other assistant managers/employees that were). There is a "final warning" in the file for the employee arriving at work smelling of alcohol, but they have never specifically admitted to drinking at work, or before.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
My new manager who came from outside our corporation has

My new manager who came from outside our corporation has told a peer of mine that he did not think that my company was really a place for "old or fat people". The peer told me and we just thought he was just sounding off or something.Since that time, even though my performance is in the top of our production and a number of other qualifiers, I was place on a very vague PIP two weeks ago and today was told that I have to account for every minute of my day, every day. I firmly believe that they are assuming this will cause me to quit and are trying to avoid firing me when this "PIP" expires so they do not have to pay unemployment, etc.My sales reports still verify that I exceed or meet 95% of my peers, yet no one else is going through this issue. I cannot get a concrete complaint from them regarding what to improve on, and feel that I am being singled out for my age. I am 52 and have been with the company for 21 years.I cannot go to HR as they have made it clear that they represent management, not me.Do I take this up with an attorney?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
I know you cannot get punitive damages ADA claim, but I am

Hi -I know you cannot get punitive damages for an ADA claim, but I am not sure about a failure to accommodate claim under the ADA. Per the statute they were available they were available, but I don't have a legal search engine and I haven't found anything through a Google search that specifically speaks to any courts findings in this regard. Are you familiar with cases where punitive damages have been awarded? How generous (or not generous) are the awards?Also, the EEOC has settled two claims with the employer in the last year wherein a consent decree was entered in federal court. One aspect of the first settlement was that the employer have a job coaching policy for the intellectually disabled. In another settlement, the employer was enjoined from failing to provide a reasonable accommodation. Are there penalties the EEOC can assess against an employer for failure to abide by the settlement terms? I don't think so, but I want your opinion. Who would get the money if penalties can be assessed?

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Dwayne B.

Juris Doctor

 
33,916 satisfied customers
Is this a free site : I have not : I resigned my position

Hi Pearl, is this a free siteJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I have notJA: Please give me a bit more information, so we can help you best.Customer: I resigned my position after 23 yrs, a diagnosis of dementia for my mother and some alcohol issues, cause me to resign under deress on May 6. After my resignation my boss offered an EAP program which I've been in for 5 weeks, and have been cleared to return to work. I just found out Friday that there not going to take me back because they feel I'm a liability. Do I have recourse? Thank you....JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Is there anything else important you think the Employment Lawyer should know?Customer: Not off handJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Dwayne B.

Juris Doctor

 
33,916 satisfied customers
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