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Recent employment law questions
I work Verans Affairs Dept. I have worked there yrs. I am
I work for the Verans Affairs Dept. I have worked there for 30 yrs. I am the lead technician in the Pharmacy Dept. theJA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?Customer: No. I am trying to apply for Job related stress under FMLA.JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I am overwhelmed doing work that is not in me position description. I have anxiety, depression and high blood pressure. I am on medication for all. There are days where I feel so overwhelmed I have to get out of there. Some days, I can not make myself go to work and use sick leave. I have 400 hrs of sick leave. I have also, seen a EAP counselor to help.JA: Is there anything else the Employment Lawyer should be aware of?Customer: I will be retiring in May of next year. I just don't want a hassle from work regarding FMLA. No, I am not trying to abuse the system.JA: 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.
I have had a very flexible work schedule last 6 years. I
I have had a very flexible work schedule for the last 6 years. I always told my boss of a chronic pain condition I have that sometimes leaves me unable to come into work and work at a desk. They were always OK with this and I have had stellar performanceratings. Suddenly today I was told my not coming in to the office regularly was hurting my performance evaluations. I am now thinking I should have gotten a medical accommodation to protect myself when I was first diagnosed six years ago. In this situationwhat things should I consider to protect myself?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I worked big pharm company. My office moved to
Hi, I worked for a big pharm company. My office moved to another location so my commute time from 1 hour increased to 1hr 45 min. to 2 hour. My company did offer two options- partial relocation package or commuter package based on mileage reimbursement.However, I did not take either package as I am moving to another state due to my husband's job this coming late June. I notified my manager 2 month ago. Basically, i gave 3 month ahead notice to work out if i can get flexible work arrangement. So far, the decision has not be made. There is a possibility that i can work until year end this year and my company will term. my empolyement.My company offer pension plan that can vest after 5 years of service. I asked my manager if i can work until the end of Feb next year in order to vest my pension pmt. So far, i don't know if they will make such arrangment to extend extra two month in order for me to vest my pension.In this type of situation, will I also eligible for servance pmt.? Any advice?Kind regards,Emmy
Is there currently a legal way to effectively pay employees
Is there currently a legal way to effectively pay employees straight time hourly whether they work more or less than 40 hours/week? A number of years ago I worked with my employer to set this up legally using (don't remember the exact terms) a flexible work week or flexible rate. At the time there was a formula used to calculate the hourly rate based on hours worked with the rate going down for time over 40 hours. We then paid time and a half for the time over 40 hours with the net effect being equivalent to straight time. As long as both parties agreed it was legal...
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I am currently MBA student and got in a long distance relationship
I am currently MBA student and got in a long distance relationship a few months ago. Planning time for us to visit each other has been easy thusfar, since I don't have a job and she works for her father. I am now, however, in the process of searching for a full-time job as a financial analyst. I am not sure if an employer would see taking a couple days off a month to go visit as being excessively absent or within tolerances. I am also not sure if it is kosher to tell a potential employer that you'd value the ability to take time off over base salary either before or during job offer negotiations. I would like to hear your professional input regarding these issues.
I am a single mother of a 5-month old infant. I work for a hair salon that is open 7 days
I am a single mother of a 5-month old infant. I work for a hair salon that is open 7 days a week from 9am to 8pm. Because my day care arrangements are not flexible I have asked my employer for a set schedule. I recently had a conversation with my supervisor about my availability to work a more flexible schedule. Does this fall under the Family Responsibility Discrimination Act?
Within Connecticuit is it legal for an employer to deny an
Within Connecticuit is it legal for an employer to deny an employee reason accomodation to modify one's work hours to care for a minor while his mother get in-patient drug detox. This would mean a 2-3 hours modification one's hours for 90 days. How would this employee proceed to contact an attorney and receive a 30 minute free consultation.
I have been terminated from my job for insubordination. I
I have been terminated from my job for insubordination. I am Sue and the other employee is Mary. I was a part time employee with flexible working hours and Mary is a full time employee. This is the explanation of offense that is on my discharge paper. "Sue has injected herself in discussions with Mary regarding Mary's leave of absence. Sue has on occasion engaged in discussions and condemnation with Mary regarding Mary's leave terms approved by Mary's supervisor and a board member, where such discussions should only be between employee and supervisor and not a co-worker. Sue's actions are contributing to a hostile work environment, something that has been communicated to all staff that is not allowed. To a lesser extent, but in addition to, Sue has also not maintained her office hours as agreed and discussed in her evaluation from April 15, 2013. The office hour issue is not of itself sufficient for termination but a warning would have been issued if not for the termination." To my defense I had been employed for 7 years with excellent work performance. It is a small corporate parent company office that I was employed with as an accounts payable clerk and Mary is an accounts receivable clerk and payroll and a total of 5 subsidiaries with an employment of approximately 300 employees. The office has a total of 6 employees and perform various duties. The discussion that I had with my fellow co-worker was about Mary's maternity leave and how she was getting compensated. Mary was coming into work during her leave of absence where she was performing payroll duties. She was on short term disability plus working without a Dr's release. This took place one week after the birth of her child and every 2 weeks until her return on Sept. 3. Approximately an eight week leave. Mary had said I was creating a hostile work environment for her to return to work by having this discussion. Mary had informed me that the arrangement had been set up with our supervisor and a board member and if I wanted to know anymore information to ask them. I had expressed to her that she had accepted the terms for her leave. The next day I was fired. Two weeks prior to this I had had a discussion with my supervisor about a payroll issue from Mary's payroll and who was to handle any corrections. I knew the issue was handled by my supervisor and it had been a wreck correcting the payroll check, which he issued an accounts payable check, so I confronted him about it. I was told that the way he had performed the payroll issue was "right" and I disagreed with him stating that I felt it was handled "wrong". End of discussion. In our hand book it does state that an employee must present a physician's written "return to work" statement before being permitted to return to work.Was the terms of Mary's leave any of my business, no it was not. But to be fired for asking, no I don't believe so. I am not a hostile employee and was always told from my supervisor that if we notice anything questionable or anything to save the company money to approach him. So I did.Please give me your view, with the information that I have given you, on the leave of absence situation and could I have been wrongly terminated. If you require any more information to understand the circumstances of the events, I will freely give it.Thank youSue
I was let go from my position last Thursday Match 14th. I wasView more employment law questions
I was let go from my position last Thursday Match 14th. I was given 7 days to accept the severance agreement or lose 2 weeks severance so I don't have much time.The reason for my termination was not given. The issues my boss had with me was the time I spent at home caring for me sick son (2 days). She had been counseled by HR that I am entitled to take sick days like all other employees. She knows my son has a condition and I am disabled and it requires trips to the doctors. The day before I was let go I was told I needed to come in to the office to be counseled on taking time to work from home to care for my son. That I am required to physically be at my desk in the office. I have had to cancel doctor appts and when I try to call in sick she emails me that I need to work once I return from the doctor.When I arrived to be counseled I went to the COO first who I had been seeking guidance from because of her treatment, my boss found out and told HR- I'm so angry she's talking about me to the COO I want her fired. Now! So I was let go but HR said they couldn't put a reason for termination so they didn't. I assume by not putting a reason, they can just claim a right to work state.I have 55 hours of PTO and when I interviewed for this position even though I didn't have to disclose, I told the recruiter and my boss I'd be willing to take less money for a work/life balance and flexibility because: my son is ill often with fevers, my husband is not yet a year in remission from Stage 4 Cancer and I have doctor appts. I stated I could not accept the position if these were not considered and honored. I was told it would be.After being hired everyone from the CEO, COO and CMO that my performance is stellar and above expectations. So my performance was not an issue.When I asked for a promotion my boss told me the time I take off (for the doctor and my son) would never allow me to move up in the company. It was being held as a performance issue.I had to work weekends, nights, holidays and vacations.I worked there 7 months and still had 55 hours of leave. That tells you how much time I didn't miss. My work performance was stellar so it wasn't my work suffering. She was angry because I took care of issues for myself and my son she agreed to be flexible during my interview.I have 7 days from March 14th to sign the severance. Do I have a case?