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Recent employment law questions
I am a long time veteran elementary physical education
I am a long time veteran elementary physical education teacher who was teaching a fifth grade swim class at the recreation pool across the street from the school.A student who was late to school, snuck over and attended the class without my knowledge. There were 2 other instructors.Afterwords this student stayed in he locker room hiding while the rest of the class came with me back to the school. The student walked back to the school on his own, unharmed. About 50 yardsI took responsibility but I was placed on administrative leave for negligence, lack of supervision.After two or three weeks I was told to see a psychiatrist because I did not seem to express enough remorse.I reluctantly abided and received a positive evaluation with the psychiatrist stating I should be returned to duties immediately.I believe I read somewhere that the American Disabilities Act protects individuals in the workplace from being required to see a physician or psychiatrist for diagnostic purposes.Am I correct on this?
Counselor at Law
A 27 year old male working in Vermont at one employer +
A 27 year old male working in Vermont at one employer for 10+ months (FMLA). Request Personal Time Off to address a medical issue. Diagnosed with Hoddgings Limphoma Cancer in early January 2016. Upon return to work at the end of the Personal Time Off is informed by his employer that they can not accommodate the Dana Farber Doctors request to allow for him to continue to work, but to request accommodation for his cemo treatment every other week and allow him from home the day after the cemo treatment and that his employment will be terminated. Can you provide where in the American Disabilities Act, I should be looking to beter understand if this employer action is legal? Thanks, ***** *****
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
My sister is a dwarf.According the American Disability Act
My sister is a dwarf.According the American Disability Act dwarfism is recognized as a disability. She has been using the para transport in Dallas for few years but every year she had to present a doctors certificate although her condition remained unchanged and will never ever change. About 6 months age she was refused the paratransport despite the doctors letter. She filed an appeal and took a letter from her disability job counsellor that she needs this transport to find work and continue her job. She has been facing so many problems , she cannot go to her doctor or her job since she lives alone and has noone to look after her or drive her around . She has no car or anyone who can drive her to places. Since she has very short limbs she cannot take a public transport. She has arthritis and is a patient of depression. Is there any way the verdict of the appeal can be reversed or we can sue the Dallas paratransport for discrimination. I need urgent answers as my sister is helpless and very depressed. My sister is single and is almost 40 years old. Thank you so much for your help
My employer changed t Health Insurance provider to Paradigm
My employer changed t Health Insurance provider to Paradigm Health Plan. The insurance imposed a mandatory blood work. The blood will be drawn by the insurance medical staff at the work place to detect "46 critical health factors". It is described as a Wellness Program with no indication of any incentives such as reduced cost gym etc., only free pens or towels for participation. The insurance plan does not want to accept any recent blood work results insisting that the it has to come only from "their" lab. There is nothing in writing given out that would describe the consequences of not participating in the blood test but the HR manager and the Executive Director at my work said that "you will be dropped from the health insurance plan". In spite of me having no health problems and good recent blood work results, my concern is that allowing any health insurance company unrestricted access to results of blood work, not even knowing what tests will be done, gives the insurance unlimited power to use that information in any way is convenient for the provider or the employer with me having no control over the extend how the information may or will be used, which violates HIPPA and American Disability Act. Is the mandatory blood test in compliance with existing law?
My former employer is offering me a lump sum payment o
My former employer is offering me a lump sum payment o reimburse me for the approximate cost of three months of COBRA coverage. In exchange they want me to sign an 'agreement, waiver and general release which in part states I agree to 'waive and releaseany and all claims, actions which I have or may have against them arising from or related to my employment with and/or separation from them, whether or not I now know of those claims, actions, and causes of action. The release includes, but is not limitedto any claims I may have for wages, commissions, penalties, vacation pay or other breach of contract; fraud or misrepresentation; Title VII of the Civil Rights Act of 1964, the American Disabilities Act and other federal, state, or local civil rights lawsor common laws; defamation; infliction of emotional distress; breach of contract, breach of the covenant of good faith and fair dealing; negligence; wrongful termination of employment; and any attorney's fees or other costs or expenses.' If I sign this, doI absolve them from paying me the overtime I was not paid? *please refer to my previous question.
My son, 28, has a hard time keeping jobs due to issues concerning
My son, 28, has a hard time keeping jobs due to issues concerning executive functioning. He is at Home Depot for the past two months and feels the pressure of being fired at the 90 day probation period if not sooner. Can he or should he tell his supervisor of his issues in order to make him aware and possibly make accomodations for his memory and cognitive issues? My son is well spoken and articulate articulate and it is hard to see that there is a learning issue until he fails at their expectations. He is lucky to land the jobs, however, but as he has found out the work force is non forgiving for any of his issues. is it worth trying to see if the employer could accommodate or lower expectations? Should we just chalk it up as another loss and enter another job disclosing his learning issues up front or get labeled to have accomodations???? Lost how to help him......
I am a 56 year old male and was disabled in a bike accidentView more employment law questions
I am a 56 year old male and was disabled in a bike accident when hit by a car 2 weeks ago. Doctors say 6-8 week recovery. I am seeing a personal injury attorney about insurance recovery.My other issue is my employer is hinting that they may reduce my salary or terminate me because the company is tight on operating cash. I am a minority shareholder in this family business. ISN'T REDUCTION OF SALARY DUE TO MY DISABILITY A VIOLATION OF THE AMERICAN DISABILITIES ACT? I know I would have to prove it in court, but that would not be hard given the timing of the hints. Should I take this to an employment attorney?Thank youGSG