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Recent FMLA questions

I am a healthcare professional. I had fmla leave which

I am a healthcare professional. I had fmla leave which resulted in management retaliation for a month upon returning back to work. Then, 2 months later, I fractured my hand. I worked without restrictions, and never complained. 2 weeks later, my best buddy of 20 years died. I had a panic attack at work. I left 4 shifts for this. I was supposed to work this weekend. My manager asked to speak with me and then b had me sign a paper referral to EPA.(HR therapists) AND then she says that they will require a fit test before re-entry into work. This fit test required a drug screen. Unfortunately, after Aaron's wake, Mt friends of 20 years and I got together around a bonfire and smoked Marijuana. I hadn't done it since college. And now here I was in this meeting with a manager that dislikes me... breaking the news of a drug test.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I failed. They fired me on the spot. North Carolina.JA: Is the employment agreement "at will," union, full time or part time?Customer: I was a full time employee for WakeMed in Raleigh NCJA: Anything else you want the lawyer to know before I connect you?Customer: I was an idiot and while sobbing- told the HR lady and the nurse that it was an idiot move at one of the lowest parts in my life. They know about the bonfire.

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Patrick, Esq.

Doctoral Degree

20,136 satisfied customers
This question deals with leaving my current job while on

This question deals with leaving my current job while on FMLA. Over the past few months I have been pursuing a new job. In my current job, I have had four different managers over the past six months, each with their own rules, have been written up, and am now on a PIP, causing ever increasing stress for me. The increased stress has led to increased heart rate and blood pressure. I have been hired by the new company and was about to give my 2 weeks notice, when I developed a stress fracture in my right foot. Now, I have been out on a FMLA with my current job since April 3. I was told by my current senior manager that she would not allow me to return to work while I am still wearing the boot or any kind of brace for my right foot. My foot doctor wants me to continue wearing the boot until June 5, but will allow me to drive while wearing a cast shoe. He states that I am well enough to work and perform the full duties of my job as a PT by May 1, as long as I am wearing the boot. My new job is fine with this and wants me to start with them ASAP, on May 1. I value this new job opportunity and do not want to jeopardize it.I would like to quit my current job, but I'm still on FMLA with them. I do not want to wait another 7 weeks (5weeks of unpaid FMLA leave +2 weeks notice) to start my new job. I also do not know if the new job will wait that long for me. If I resign from my current job on May 1 with no notice, will I be penalized? Will I have to pay back the insurance premiums, and/or the 110 PTO hours that I have used (and being paid for) since April 3? I have been researching this by Googling and came across a possibility called " involuntary resignation". Is this a possibility for me in order to avoid being penalized? What is my best course of action in order to achieve an easy transition to my new job without penalty from my old job?I live in Maryland, have been with my current position for 8 years and my job is "at will" employment, the policy is to give two weeks notice. Of note, I am also considered to be partially disabled with rheumatoid arthritis and I still have an open claim with the EEOC against my current employer for their refusal to provide reasonable accommodations in a timely manner since 2013. One of the changes that one of these new managers had done was to force me to change my work hours and increase my productivity rate which is in violation of accommodations that had been previously granted by one of the previous managers.Thank you for any assistance that you can give me in this matter! I really need to know what to do within the next 48 hours, as May 1 is fast approaching.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
I just received a PIP from my manager and some of the items

I just received a PIP from my manager and some of the items on it are not true. But in the meeting HR didn't seem concerned with this. The HR person also told me that on one specific item, my mgr said that he texted me and tried calling me on my cell phone and I told her that that wasn't true, I offered her the opportunity to look at the call log on my cell phone and she didn't want to look. What should I do?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: I think at willJA: Anything else you want the lawyer to know before I connect you?Customer: I don't know... My mgr said that things r OK and doesn't tell me there's an issue but I then tries to hold it against me later.

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Patrick, Esq.

Doctoral Degree

20,136 satisfied customers
I went out on a FMLA from work due to allergic reactions

I went out on a FMLA from work due to allergic reactions that I suffered on the job. Sedgwick said that it was a preexisting condition and denied my claim. Allergy test found that I an very allergic to wheat and have a low allergy to milk. I have provided them with two different release forms for two different positions. They sent a letter to my doctor asking for more clairification on my condition, and restrictions. Is it a HIPA violation to ask for this information with out going thru me, since I am the one paying the bills. They have not paid any of my medical expenses but they are asking for more information directly from my doctor. Can they do this?JA: Because traffic laws vary from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: Yes, but the company denied my claim so I have been paying all the medical bills myself.JA: Anything else you want the lawyer to know before I connect you?Customer: When I spoke to HR this morning she said that they were sending this by mail so that they would have a record of it. Can they send these questions with out my consent, and can the doctor respond with out my consent?

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John

Attorney

Doctoral Degree

9,300 satisfied customers
I am currently out of work due to a surgery which i had in

I am currently out of work due to a surgery which i had in March. I was taken out of work January 25,2017 I recieved a message from my employer to have a meeting to discuss some changes in the company and when i went i was met with my boss from my department and the HR woman telling me my job had been given to someone else and when im well enough to come back IF they have a position for me it will most likely be another shift and in another department. Am i entitled to what i was making befor?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: My location was in StoningtonJA: Is the employment agreement "at will," union, full time or part time?Customer: the other building is in RIJA: Anything else you want the lawyer to know before I connect you?Customer: full time non union

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John

Attorney

Doctoral Degree

9,300 satisfied customers
I am looking to see what my legal rights are per

I am looking to see what my legal rights are per Massachusetts law regarding my job. I have been out on medical leave after having a stroke at work on Dec 6th. My employer just told me that I can come back 2 days per week only as they hired someone to replace me.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Has anything been filed or reported?Customer: I just got released by the doctors to return and had been on disability. I have not done anything yet as i DON'T KNOW MY OPTIONS.JA: Anything else you want the lawyer to know before I connect you?Customer: I had been on salary and they never notified me that I would not have a job after my illness.

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John

Attorney

Doctoral Degree

9,300 satisfied customers
I am currently employed at an independent school and

I am currently employed at an independent school and recently have been attempting to find new work. The reason for it is because I have evidence to show that it has been a hostile work environment. At some point, my boss conducted activity directed towards me which was inappropriate. Upon not paying attention in a staff meeting, maybe 1-2 times, he decided to "Google" me (this was something I documented thoroughly but did not go to HR with for fear of it affecting my job and future job prospects), and upon this what I believe to be an unwarranted search to defame my character, and not finding "evidence", he then used the information he discovered about me, which was done during the summer months, and just of professional development activities, and publications in journals (none of those activities being criminal in nature). I don't believe that what he did should have warranted him doing this additional background check on me, which was well past the period of time after the background check, which was over 1.5 years ago, and it was done without my consent. In any case, that, and cases of racial discrimination against me by students, I decided to move on. I also had a grievance with the workload which forced me to take some days off because of overwork and fatigue. Upon providing my notice of leave and resignation, I asked our faculty supervisor if he could serve as my reference. He then said that if contacted, he would give less than glowing reviews of me, regardless of my being a strong teacher academically, that he would bring in absences on the job, and lateness of grades entered, all of which consequences of the overload of the job requirements (I am basically the entirety of the science department, teach all classes, head the department and run an outside department program). He even specifically said that what he had to say "might affect my future job prospects". I wasn't aware of the absences issue, and have yet still have not been informed (the staff as a whole have not been either), of the number of total sick and personal days I am alotted in the year. In September, they said they were still negotiating this. So I have no idea if I have "gone over", or if I am in range. The school does not provide substitute teachers so other teachers are asked to relieve the duties of those who are absent. In any case, I know this is a major HR issue, and without knowledge of days I have left, I am not in breach of having taken more than the allowed number of days. So if that was used against me, that would not be a truthful representation of what is happening at the school. I applied to a job recently, had a really great interview, and then when I asked for the status, was told nothing definitive and that they were screen more people before making a final decision. I am worried that a bad recommendation at this place has caused this decision, because I don't see what went wrong in the interview, everything went great, and I was simply informed last week that they were calling references this week. In any case, I'm not sure what I can do now, I feel like every job I will be applying for from here on what will run into the same issues and I am worried that my future employment will be affected. Thank you in advance for your thoughtful response and consultation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
Can I be terminated for incorrect information on a resume

Can I be terminated for incorrect information on a resume from 23 years ago?JA: What state are you in? It matters because laws vary by location.Customer: MAJA: Has anything been filed or reported?Customer: Someone sent a query to HR questioning my academic creditablyJA: Anything else you want the lawyer to know before I connect you?Customer: At the time the position said High Diploma required, B. A Preferred, I list B.A. I did attend college just did not complete my last semester , but I had all of the required work experience and reference at the time of hire. I was questioned about the discrepancy back then, but I was still hired. The person who hired me as a cultural center program coordinator left the university years ago.

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Patrick, Esq.

Doctoral Degree

20,136 satisfied customers
I live in South Carolina employed by a large insurance

I live in South Carolina employed by a large insurance company. Over the last several years I have had some health issues that contributed to me not meeting my goals and expectations. (2014 to 2016) On June 1, 2016 I was put on a 60 day written warning/probation. After the probation period I was back to meeting my goals and told that the written warning/probation of 2016 was over and would not be an issue again unless my performance fell below standards again. Since June 1, 2016 I have not only meet all of my goals but exceeded or far exceeded my goals and expectations. And in fact received several recognition rewards for being a top performer since the beginning of this year. Now I just found out that I am being put on written warning again for another 30 days due to performance prior to June 1, 2016 (and the previous 2 years). Is it legal to put an employee on written warning for the same thing after meeting and exceeding all the requirements of the first written warning? and is it legal for an employer to go back to 2014 and 2015 performance to use an excuse to put someone on written warning again for the same issue? Thank youJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: South CarolinaJA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,700 satisfied customers
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