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Recent Employment Law questions

I need guidance on labor workers comp law, ca, no, I am

I need guidance on labor workers comp lawJA: Because laws vary from state to state, could you tell me what state is this in?Customer: caJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: I am short term disability from an incident at my existing job, I havent been trying to get referrals to specialists from the workers comp insurance company they are dragging on it.. been 2 months from date of incudence..JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I have been gettting payment but now I have an offer of a new job...and want to take the new job

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Marsha411JD

Doctoral Degree

18,818 satisfied customers
I was injured at work over a year ago and i just recited

I was injured at work over a year ago and i just recited permanent partial advisability and can not return to my former line of work. My employer has decided to lay me off. Can i apply for unemploymentJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: I just retained one, but have only spoken with a case mangerJA: Anything else you think the lawyer should know?Customer: No I have been receiving workers comp benefits for over a year, until I was I went to QME and it was determined I am %25 disabled. My job was quite physical and I can not do that type of work anymore.

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Patrick, Esq.

Doctoral Degree

17,452 satisfied customers
My husband resigned from his job after 18.5 years of service

My husband resigned from his job after 18.5 years of service due to frustration on the job caused by his bipolar illness. He resigned abruptly then sought his job back after 3 weeks. His managers wanted him back and his union tried to have him reinstated, however upper management (who don't even know him) refused. The union said he could reapply for jobs in the company and start from scratch however now we find out he was designated "ineligible for rehire". There is no reason for this designation and we have asked that they reconsider, but they will not budge. It seems there may be some discrimination based upon his disability. He never had any disciplinary actions in all of his years of service.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you think the lawyer should know?Customer: This is very unusual for the company to do this when someone resigns; people can come back into the company. We are hearing through the grapevine that they were upset he went into the executive offices looking for HR, but was on the wrong floor. They did not like that he was on their floor, but he simply made a mistake. And they did not like that he applied for NJ unemployment benefits (that were denied anyway).

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Patrick, Esq.

Doctoral Degree

17,452 satisfied customers
Ok so i usually take my lunch towards the end of my shift

Ok so i usually take my lunch towards the end of my shift because I like to get all of my work out the way before so and nobody says anything about it until we got an assistant manager. She doesn't like me doing it but my main manager knows and so do others and they don't say anything about it. Is it ok if I take my lunch 30 to 40 minutes before I leave?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Have you talked to a lawyer yet?Customer: No i haven't.JA: Anything else you think the lawyer should know?Customer: No

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Marsha411JD

Doctoral Degree

18,818 satisfied customers
My wife, an exemplary employee for a local hospital (w/21

My wife, an exemplary employee for a local hospital (w/21 years loyal experience in procurement) has been asked to attend a meeting at 3:00 P.M. today with her immediate supervisor and a representative from HR in attendance where she will be informed that due to "a sudden reorganization" of the Department by her Director (muddled information released during yesterday's morning huddle), her job is being eliminated. She has been tipped off by her immediate supervisor that she will be offered another job within the hospital procurement system but for a possible substantial cut in pay. She's got reason to suspect that if she doesn't take this new position post haste, she will be 'quitting' her job and therefore not be entitled to any severance and/or unemployment benefits because she quit her job, instead of being fired. If she wants to consider taking the new position, legally, how much time does she have before having to commit to this decision, five minutes, ten minutes, the weekend, two weeks? Are there any employment laws being broken here? What rights does she have? Do you see anything that jumps off the page that you might recommenced. Again, my wife has been a solid employee for her employer with many commendations of the recent past for her performance including a recent bonus in salary that put her at the very top of her pay grade.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,874 satisfied customers
I was terminated from my employer after 28 years of service.

I was terminated from my employer after 28 years of service. My employer called my PCP to authenticate signature on FMLA form, months after FMLA was designated qualifying. PCP advised he did not recognize the signature, but stood behind all other information on the form. He offered to fill out new form and re-submit. Because employer designated qualifying 6 months earlier and did call to authenticate within FMLA qualifying time-frame, employer refused and terminated me for fraud. Under FMLA regulations, it reads that I was to be given 7 days to correct form in doubt or submit new form - and was also entitled to a 2nd or 3rd medical opinion if employer would not accept new form from same PCP. Is this correct?

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Brandon, Esq.

Senior Counsel

Doctoral Degree

3,644 satisfied customers
Once an employee is hired, can an employer ask about an

Once an employee is hired, can an employer ask about an employee's (obvious) disability? e.g. What happened? Why do you have a support dog?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: The person who asked is on a higher level, but not a supervisor of the employee.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,874 satisfied customers
My employment agreement states that in order to terminate

My employment agreement states that in order to terminate the agreement I must have given notice to my employer on August 1, 2016 otherwise it renews automatically for another year at the end of its first term (ended 11/30/16). Can my employer force me to work another year?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: no

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Patrick, Esq.

Doctoral Degree

17,452 satisfied customers
I have lost wages because my supervisor gave me an overall

I have lost wages because my supervisor gave me an overall below in my performance review for the year despite the fact that I have made several complaints to my department director about my supervisor treating me differently than the other co-workers and that she reports my work inacurately and constantly harass me. Nothing has been done about her behavior and now i have lost some wages because of that. I need a lawyer because I believe that I have been discriminated against

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,874 satisfied customers
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