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Recent Leave Without Pay questions

I am a salaried employee working in Denver, CO. My employer

I am a salaried employee working in Denver, CO. My employer is forcing me to take leave without pay. Is this legal, as this will be decreasing my contract-promised salary? There is nothing in my contract about leave without pay.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 satisfied customers
My company overpaid my salary while I was on a leave without

My company overpaid my salary while I was on a leave without pay. I did not notice the overpayment because it went to a joint account, managed by my husband. I was on a medical leave, short term disability for six months. I discovered the overpayment in January 2017 and reported it immediately to the company payroll department. No one did anything and kept paying my pay. I asked them to stop and then they paid me again. I was on a six month medical short term disability during this time. The company never responded until last week, in spite of me continuing to email and ask to speak with HR, Legal or payroll. I tried to escalate the issue. Last week the company terminated me because I had exhausted 6 months of medical leave and could not return to work. Now I am unemployed and on long term disability, bad physical disability. The company says I have to repay them and I agreed to reimburse the net pay plus any benefits they paid on my behalf (that I would have paid if I was working). Their short term disability policy is that the company will pay your benefits while on a leave and you pay them back upon your return. Now they say they cannot correct a W2 wages for 2016 even if I pay them back, and they are asking for gross pay. Since this error is theirs to begin with and went on repeatedly in spite of me telling them about it and to stop, I feel they should not try to make me pay the overpayment of salary back. And, if I did pay back wages for 2016, and there is no corrected W2 that means I will be paying an extra $4k to the IRS due to the higher wages + have to pay them back. How can I fight this since I am disabled and feel they were negligent in the payroll overpayment and would not stop overpaying me until I finally was able to communicate with someone...the same week I got terminated for not being released to work.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Texas Company is headquarterd in New Jersey I was a consultant who travelled to client sites for work but I live in Texas I should have some recourse under the circumstancesJA: Has anything been filed or reported?Customer: No However, they told me today I have to repay 2016 gross salary and that the IRS will not allow them to issue a corrected W2 since repayment would take place in a different calendar year than when the overpayment was made. They also overpaid me in January, Feb. 2017; but right now I am worried about 2016. I asked them to escalate their error and the situation and ask to write off the overpayment for 2016 since in was their error, they did not stop and correct it even though I notified them multiple times.JA: Anything else you want the lawyer to know before I connect you?Customer: I want to know my options. Also, I have a membership with you guys so how do I log on and use it help with this?JA: No, you can ask a one off question to try things out.Customer: Ok

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 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

9,506 satisfied customers
I am employed with the social security administration. I am

I am employed with the social security administration. I am currently on leave without pay due to several medical issues. I have been off work since 09/27/16 and just received notice on 12/29/16 that my FMLA had been approved dating back to 09/27/16. I requested Reasonable Accommodation on 10/26/16 and as of 01/03/17 have not been given a decision. I filed an EEO complaint on 01/03/17. My EEO counselor notified me that she was awaiting an answer from management about participating in an Alternative Dispute Resolution on 01/11/17. I have not received any feedback at this date. What do I do?

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John

Attorney

Doctoral Degree

9,506 satisfied customers
It has to due with workplace. I have an employee who is in

It has to due with workplace. I have an employee who is in the army reserves. I know in the past other employees took of 1 weekend a month and 2 weeks per year and that it did not effect work. I have 1 employee who is constantly taking off for drills that i di not think are mandatory for him to miss work. He presents letters but i do not feel they are legitimate. How do i go about finding out what the actual law is on time of for military reserve?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New YorkJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: That would be it. Thanks

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

118,012 satisfied customers
Can my employer force me to take leave without pay when I

Can my employer force me to take leave without pay when I have paid time off saved, because said employer does not want anyone calling off on Jan. 20th?

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John

Attorney

Doctoral Degree

9,506 satisfied customers
Assisted living for the elderly, Florida. My supervisor has

Assisted living for the elderly, Florida. My supervisor has shown acts of taunting, as wahwah , retaliation due to conversation between myself and her supervisor, 1 letter of discipline and now as of 12-22-16 placed on administrative leave without pay until further notice. I was sent home before my shift ended. I am a kitchen manager. She has also taken certain duties away from me.

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Asad Rahman

Attorney

J.D.

4,738 satisfied customers
I work in a hostile environment and it is destroying my

I work in a hostile environment and it is destroying my health.I have raised this with two of my senior managers who already knew my situation, but they chose to do nothing. I am debating going on terminal leave even though I will be leave without pay for a few weeks. I can retire Oct. 31, but I do not think my health will allow me to stay. I've been out of the office so much due to the bullying that the medical community has advised me to find a new job for the last 5 years.I really do not want to fight back, I just want to leave. I'm looking for options. What do you think?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 satisfied customers
What to do if I am put on administrative leave without pay?

I want to know what I can do regarding being put on administrative leave without pay today in a clinic where I work as a nurse. I was only told that reason involves me getting verbal order to give shot to a client, gave the shot and then the provider said that no verbal order was given. I was told not to come back to work, that the clinic would investigate and get back to me within a week. How can I defend myself? Is the clinic allowed to not pay me while I am on leave? Am I entitled to unemployment while I am on administrative leave? Thank you for any suggestions you may have.The clinic is in California. The employment is a full time job.

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Asad Rahman

Attorney

J.D.

4,738 satisfied customers
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