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Recent FMLA questions

I was terminated by United Airlines based on an accusation

I was terminated by United Airlines based on an accusation of falsifying a sick call. (Sick when I wasn't sick). I had over 300 hrs of accumulated sick hours in my bank at the time. When I applied for unemployment benefits, the company denied my request based on termination for cause. My case was heard by a magistrate and he found in my favor. When the case was appealed by United, the magistrate again found in my favor. At the time of my termination, I was told by management that I didn't have a documented history of my illness (migraines), that I didn't have a doctor's note to support my absence, and that I had never 'discussed' it with anyone prior. I responded that it was my choice NOT to apply for FMLA, that a doctor's note was not required, or requested by the company, and that I am not required to disclose any ailments/illnesses with anyone in management. The bot***** *****ne is that they have no proof I falsified my sick call, but because I chose to go home and treat myself, as I had always done, I didn't have any evidence to support my illness. I am a former police officer, and served in the Marine Corps Military Justice system as a Legal Clerk, so I come from a background of the accuser having to provide the burden of proof, not the accused needing to provide the burden of innocence. I had Union representation during my initial hearing with management, my termination hearing, and during the subsequent two hearings, as the appeals went further up the chain of command. All of the appeals decisions were found against me, based on the same reasons. Having exhausted the internal appeal process, I now hope to rectify my situation, and have my termination reversed, in a court of law. Do I have a case?JA: Since laws vary from place to place, what state is this in?Customer: So sorry. I was terminated in the California.JA: Is the employment agreement "at will," union, full time or part time?Customer: Union, full-time, and unsure whether it was at will. I was hired by Continental Airlines in 2005. The headquarters at the time was in Houston, and I was based in New Jersey. Continental and United merged, the headquarters moved to Illinois, and I was based in Los Angeles at the time of termination. I bring all of that up because it's an international airline with many bases throughout the U.S. It was not a year-to-year contract as some foreign airlines do, not was there any fixed term of employment upon hiring.JA: Anything else you want the lawyer to know before I connect you?Customer: Is there anything else you can think of that I may have left out?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
I have Hashimotos thyroiditis & gave my employer a list of

I have Hashimotos thyroiditis & gave my employer a list of symptoms that can occur. I used an FMLA day because I had a cough, fever, & couldn't swallow. The ER MD said I had viral laryngitis & viral sinusitis. When I returned to work my supervisor said that my illness wasn't listed on my FMLA paperwork and gave me sick leave. I only had 4hours & the rest was leave without pay for 8hrs. I tried to show her that LloydJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PHX, AZ , I work for the government.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time, at will & unionJA: Anything else you want the lawyer to know before I connect you?Customer: Yes I tried to show my boss that laryngitis is related to thyroiditis. I went to my doctor and he diagnosed me with b Bronchitis & pneumonia which is kind

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John

Attorney

Doctoral Degree

8,626 satisfied customers
I'm going back to work next week after being on maternity

I'm going back to work next week after being on maternity leave, but my company restructured while I was out and now I'm coming back to a new job and a new boss. Unfortunately, they told me that the new position they put me in requires 40% travel nationwide, which I definitely can't do and they know I can't do... before I only had to do less than 10%. I believe they put me in a position that forces me to quit.

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Ely

Counselor at Law

Juris Doctor

67,996 satisfied customers
How much will this cost? my question for employment law what

how much will this cost?my question for employment law what does the following mean? It is taken from (in Illinois)employee handbook about disability leaves of absenceIn granting such leave the agency shall apply the following standards: 1) A substantial portion of regularly assigned duties shall be those duties or responsibilities normally performed by the employee which constitute a significant portion of the employee's time or which constitute the differentiating factors which identify that particular position from other positions, provided the balance of duties can be reassigned by the agency;

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Dwayne B.

Juris Doctor

37,212 satisfied customers
Can an employer put in your contract that you will never

Can an employer put in your contract that you will never miss a day of work or you will be terminated?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Is the employment agreement "at will," union, full time or part time?Customer: part time, hours 11 am - 3 pm, M-FJA: Anything else you want the lawyer to know before I connect you?Customer: I have had to be out for personal illness and family illness. At first, everyone was willing to help me in getting work done. I signed a new contract a month ago. Now they want to change it with the stipulation that I cannot miss work for any reason.

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John

Attorney

Doctoral Degree

8,626 satisfied customers
If an employee's Short Term Disability ends one-month after

If an employee's Short Term Disability ends one-month after the company's FMLA, does the employee have to accept a separation agreement (allowing lump sum compensation and continuation of medical benefits for 4 months starting on the employee's end-date of employment) before the expiration of the FMLA period? The company has extended a separation package but agreed to revisit it once the employee's ST Disability period expires (especially considering that the employee is still not able to return to work). Someone thought that the company would only offer the separation agreement if it fell within the FMLA timeframe and not the ST Disability time period. Is this true?

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Ray

Lawyer

Doctoral Degree

40,266 satisfied customers
I went on stress leave in Dec 2016 due to my manager, Im now

I went on stress leave in Dec 2016 due to my manager, Im now back at work to find out my manager hired someone else for my position (iam a buyer) Ive been back for 2 weeks and I have been cleaning out old inventory. My manager does not want me buying anymore. I think she is retaliating against me. I have not informed HR about this, I need advice, is what she is doing against the law?

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John

Attorney

Doctoral Degree

8,626 satisfied customers
My sister is a nurse practitioner in new York state. She

Hi, my sister is a nurse practitioner in new York state. She resigned from her current position effective March 9, and will be starting a new position March 13th. A week ago she found out she has breast cancer and will need some aggressive treatment. She is at a loss as to what to do. Should she rescind her resignation to keep disability ?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: New York StateJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: My sister also has lupus and fibromyalgia and is looking at going on disability; however, doesn't know how that will work as she is ending one job and going to another.

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RobertJDFL

Attorney

Juris Doctorate

13,840 satisfied customers
I have been working for a non-profit organization for 6 yrs.

I have been working for a non-profit organization for 6 yrs. Never late or written up for any reason what-so-ever. I am a senior MICA counselor. On the 3rd of January, I became riddled with pain in my left buttocks and thigh area. I Went to the hospital via ambulance the next day. They told me I had sciatica and sent me home. I went to my primary care physician a couple of days later and she referred me to an orthopedic surgeon. They told me I had herniated discs and spinal stenosis in my L2,3...L4,5, S1 regions. They placed me on the not fit to work list and told me I needed to be out of work for at least three months to heal properly. I began taking epidural shots with another of their colleagues. I received a letter from my job in February telling me they want me to see their doctor as a second opinion. They have not submitted my FMLA papers at all while awaiting the diagnosis from their doctor. I find it a question of my integrity with no sound basis. Do I have a case?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no...that's it

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Patrick, Esq.

Doctoral Degree

19,336 satisfied customers
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