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Recent FMLA questions

I live in North Carolina, and my employer just underwent a

I live in North Carolina, and my employer just underwent a reorganization. Now the team I work with (and there is 16 people) is being told from some consultants that by this Thursday we must triple our production. We are being told if this does not happen, then everyone will go on verbal warning, written warning etc. This is insurance transactions in which the tax reporting must be accurate, etc. A lot of transactions are scrutinized for accuracy. My personal situation is not as overwhelming as that of my younger colleagues, I have an old pension, and I saved in the 401K. I could retire, but I don't really want to. One lady I work with in her 40's is saying this production requirement is illegal, I say it is not illegal, just unethical. She states she will just sue this employer for ????, I ask her what grounds she has for suing, and she just says I am being targeted. She also states this is just harassment from the employer, and the procedures they have are not in place (I agree with the procedures point she makes) I say this is not enough for a lawsuit, even if we all lose our jobs. She is copying all e-mails, and writing everything down. Am I right that even if we all got fired, there would be not much in the way of legal remedies for anyone?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,884 satisfied customers
I have been on leave from work to seek treatment of a

I have been on leave from work to seek treatment of a substance abuse issue for the past 45 days or so. I have been covered thankfully by our Short Term Disability policy (through Unum, if it matters). In addition to this treatment I have also been diagnosed with Adjustment Disorder and Anxiety that are being addressed in an ongoing basis. I work in a very high stress sales environment that often entails 50-60 hour weeks with tons of pressure to perform. The culture is also one that encourages "blowing off steam" (They often bring beer to the office for long nights or send us to "Happy Hour" to decompress)... I'm thinking of severing my employment and looking for a job elsewhere in an environment more conducive to my recovery...That said, if I chose to end my employment after my disability claim ends (8/29), would I be required to repay all or some of my benefits? Could my employer seek any kind of punitive action against me? Would I be required to give them notice? Can they give me a bad reference if I do, or would I be covered by medical privacy laws?I think for my health it would be best to seek a different avenue, but I also don't want to get myself into any trouble financially or otherwise...Thank you in advance for your advice!NR

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,884 satisfied customers
OUT ON FMLA since aug 9th-currently using PTO AND DOING A

OUT ON FMLA since aug 9th-currently using PTO AND DOING A REFINANCE OF MY MORTGAGE. Can my employer tell the refinance company I am on leave of absence when asked for verification of employment

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Marsha411JD

Doctoral Degree

18,820 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
I own a small business in Missouri. I have one full time

I own a small business in Missouri. I have one full time employee. I recently hired a part time employee for a sales job. He was being paid an hourly rate with a commission for each sales appointment scheduled with a qualified prospect. After working for two weeks, he asked to go to a pure commission pay structure, no hourly pay. A few days later, he told me he was suffering from depression and couldn't perform any of his sales duties. He hasn't worked for the past three weeks. How can I end this relationship so that I can move forward with finding a replacement?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,884 satisfied customers
I work for a hedge fund as a Compliance Officer. I started

Hi. I work for a hedge fund as a Compliance Officer. I started working there back in April of this year and the firm is located in Dallas, Texas. My boss, the CCO, has disparaged me in front of my peers many times and also wanted to speak to me about my resume, which she attached to the meeting planner when I started working at this firm many months ago. She then canceled the meeting and scheduled it for tomorrow. I think I'm going to get terminated soon, so just wanted to know if I had a cause of action for hostile work enviornment as everyone in the firm see's me in the same fashion she does. I have some documents depicting her rudeness but most of the abuse is verbal from her or my colleagues who are the same level as me. We all report into my boss, the CCO. I guess my question is should I quit or just have them terminate me and then see a law firm with my all my documentation in hand? I think this might constitute as a hostile work situation.Any help you can provide would be greatly appreciated.Regards,Raj

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,884 satisfied customers
My husband forced to resign over harassment. Worked over 10

My husband forced to resign over sexual harassment. Worked over 10 years with perfect record. Worked with accuser for 5 years. Many of their conversations were off color that the accuser initiated. One day it went to far, she walked in his office faced her butt to him and said how do I look in my Mimi skirt. He got up and padded her ass, she said to him you went to far, he said I thought we were just filling around, he apologize and told her it would never happen again and the filling around needed to stop. I am very upset about the actions of my husband but I can not stop thinking he was set up. I asked but we never got the copy of the complaint, he never got to get his side of the story documented. The accuser is on work release that the GM arranged that cost my husbands department $1,200.00 a month in covering her shift. My husband wanted to put her on leave of absence. The company does have a no tolerance sexual harassment policy. Over this time period my husband did voice his option on the new direction of the company that was not well received. Is there any legal action we can take. If there is I want compensation for medical coverage and salary until he finds a new job. I would also like to sue the accuser personally.

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Patrick, Esq.

Doctoral Degree

17,458 satisfied customers
A year ago I was hired for a particular job turns out it was

Hi a year ago I was hired for a particular job turns out it was a bait and switch and I was not doing 90 percent of what j was hired for. My hours were even different than what I signed up for in taking the job. Now after a year my employer is trying to force me to change all my hours again and still not doing what I was essentially hired for is this legal?

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Patrick, Esq.

Doctoral Degree

17,458 satisfied customers
I was terminated with a severance recently. In the severance

I was terminated with a severance recently. In the severance agreement I signed there was no mention of any overpayment of salary by the employer to me. Now my employer wants to retrieve 3 months of salary they paid to me while I was on short-term disability. They state I did not have substantiate leave for that time. Before my termination I appealed the decision made by the insurance company assigned by the employer. This appeal is now pending decision by December 2016 or possibly January 2017.I am liable to pay back salary for 3 months to the employer that terminated me with severance a couple of months ago under these circumstances? Do I need to seek legal representation and have a lawyer handle the communication with my employer and insurance company solely? Please advise. Thank you. Does the state I live in matter?

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Infolawyer

Attorney

Juris Doctor.

37,336 satisfied customers
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