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?
I was out of work for almost 2 years & collecting WC, I fell
I was out of work for almost 2 years & collecting WC, I fell in May and herniated a disc in my neck which has nothing to do with my WC injury. I've been trying for SSD for 2 years. I'm no longer able to collect WC, what can I do? I have a 16 year old child I'm raisingJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NJJA: Have you talked to a lawyer yet?Customer: Kinda my lawyers for SSD are on vacation and my Atty for WC wasn't sure if I can apply for temporary disability being I am now being treated for my neck injury. What are my options?JA: Anything else you think the lawyer should know?Customer: I was collecting WC up until 7/31 now they cut me off with no warning & now I have no money coming in to support my son and myself
My daughter was just notified by phone that she has been
My daughter was just notified by phone that she has been terminated because she has been out sick since August 1, 2016. She was in the ER twice then admitted to the hospital on August 5, 2016, had a severe pinched nerve, possible 2 bulging discs, numerous CT and MRI scans, released from hospital on August 10, 2016 with future appointments with numerous follow up Dr's, Orthopedic, Rheumatologist, and physical therapy 3 times a week, she has been taking numerous pain and anti-inflammatory medications which would impair her driving. Not to mention she cannot walk without a walker, she cannot put any pressure on left leg to walk, needs help to get up from sitting position, we were always in contact with her employer telling them hopefully she would be returning to work the following week. But she hasn't gotten any better. We are in the process of filling for short term disability but her doctor has not completed the paperwork. What are our options? We have all documentation for every day she has been absent from work. This nerve pain came on all of a sudden and she was a model employee prior to August 1st. Please help and your advice and guidance is greatly appreciated. LM
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I work for an outsourcing company that is supporting another
I work for an outsourcing company that is supporting another company's IT. My job is working with Legal, security and HR and providing them either active copies of mail files for their review or coordinating historical restores. As part of my processing of the mail files I run a couple of agents, one to remove encryption on documents and one to remove return receipts. I recently had a situations where there were a number of documents that the return receipt marking wouldn't remove. I did everything I could but no go. I notified the request the database was ready for their review. A couple of things to note, this file was a little outside the norm as because the file is in a different country I couldn't put the file onto a US server that is dedicated and for the most part isolated. So this file, though a different copy of the production file is on a production system different from the production server and the access to the database is limited, which is normal.Once the investigator access the file ad did whatever the investigator does, some how, the production owner was bcc'd on an email forwarded form the copied database and sent and email in response to the investigator.When this happened they contacted me to ask if I'd followed the process and I explained that I did but there were seemingly some ghost documents that nothing I could do would remove the return receipt setting. They asked me to remove, from the production mail file the documents from the investigator. I took a snapshot and asked if these two documents were what they wanted removed and they confirmed so I did. I didn't do an in-depth analysis at that time, but I did mention that it didn't look like the document was a return receipt.It was left after that phone call that I would contact the vendor of the product and get their information on these document types and if they could have generated a return receipt and how could the owner have been bcc'd.A day later something hit the fan and I was removed from the environment. My manager explained that they were too emotional this this time and it was only temporary but I was still to continue working on the root cause. With what I information I had I got a number answers and all state the documents in questions could not have generated a return receipt. That a return receipt would never put a name in the bcc field, that would have to be done purposefully.At this point I've been removed for over a week and there is a rumor that I'm no longer not he accountMy expectation is that while they won't fire me for cause I will get layed off.My concern with this is that since this is being handled, in my opinion, very poorly that some how I'm at risk of some sort to court action, if not now in the future.Let me know what you think.
I have an employee who's been with me less than a year in
I have an employee who's been with me less than a year in California, and I have 2 employee's total but this particular employee after 8 months has already used her 3 paid sick days and is now attempting to use a #30 day leave of absence with no pay due to a doctor signing off on her having morning sickness and not eating right due to her being 3 months pregnant, and I went ahead and gave her those 30 days off with no pay sick leave. My question is though I have a bad feeling she's going to try to extend that and ask for another #2 weeks to #30 days off with no pay next month again and I was wondering if at that point can I legally let her go for cause so I don't have to pay her unemployment and also not get in trouble for it legally? Or at the very least can I let her go legally after the 30 days are up or even sooner if I need to since my insurance agency is suffering on customer service due to us being overwhelmed and over extended and needing to hire or have another employee here to help us since now their is only 2 of us here counting me instead of the usual 3?
I'm been employed for this company for 24 years dedicated
I'm been employed for this company for 24 years dedicated and loyal got hurt on job told boss next day try to fix problem my self and complan about injury every week could not fix fild workman comp 2 months later they denied because boss said he did not know about it I got a lawyer working on it but have no money coming in to pay bills and need to go to doctor what can I do to survive
I would like to fire my H1B visa employee but am unsure of
Hello, I would like to fire my H1B visa employee but am unsure of my rights as a business owner regarding this. She was out on medical leave for over 6 months and is now returning with harsh requests. She is now a negative factor in our company. What are my rights, what is the best way to handle the separation?
I've been employed by a company since November 2015. I
I've been employed by a company since November 2015. I supervise staff, work onsite, use company equipment, approve timesheets, make hiring decisions, etc. I am still classified as "temporary", and therefore do not get benefits. I was told today by my boss that if I want benefits, I will need to take a $35k paycut. If I am unwilling to do so, then I will likely get laid off in 1 - 2 months.