Our business in located in Tennessee. I have an employee who
Our business in located in Tennessee. I have an employee who is under a workers comp claim and receiving physical therapy for a back injury, however she is able to complete her 40 hours per week under the current work restrictions.Just before she hurt her back, we were getting ready to reduce her to part-time for financial reasons as well as performance reasons.Since returning to work, she has violated her work restrictions (reported working a 10 hour day despite doctor's orders to work no more than 8 hour shifts per day). She changed her own schedule to reflect hours she claims to have "worked from home", all without our knowledge or prior approval. She often works unsupervised in our office and we know that at least once she has shown up later than her scheduled start time.We have also caught her being dishonest about completing work assignments and her productivity has decreased since returning from the injury.I no longer have any trust in her as an employee, but do not want to have to micromanage her every move, especially since I work in a different office.My question is, are we able to terminate or at least reduce her hours for reasons totally unrelated to her workers comp claim?
I'm in outdoor sales and got on disability. My manager
I'm in outdoor sales and got on disability. My manager suggests I work from home, but if I don't make my quota, I get fired. Should I just stick with the disability?Please advise.Thank youLaura Kroh
I have a question about employment law, specifically ADA and
Hello, I have a question about employment law, specifically ADA and discrimination. My employer is a large (over 1,000 employees) company covered by ADA provisions. I've worked for them since 2012.In March of 2016 I had to take a demotion with a pay cut as a reasonable accommodation for my disability (scoliosis), as it required me to work from home about 3 days a week. I was a junior manager and was told that my employer "does not allow people to work remotely/from home and have direct reports". Please note that this happened after I repeatedly asked for an accommodation for months and was not taken through the interactive process - instead I was written up twice for working from home too much.Last week another junior manager was promoted within my team. All of her direct reports are located outside of the state - she manages them 100% remotely via phone and email. Another junior manager was also promoted - she has about 50% remote reports, and her manager is in a different state (proving you don't have to be in the same location as neither your direct reports nor your manager).I believe I was discriminated against when I was told that the only way for me to continue working for the company was to step down. I was told that working from home even part-time was not acceptable, however, there are two people who are able to perform all essential functions of the job with remote reports and remote supervision.Should I file an EEOC complaint alleging that I was treated unfairly as proven by the promotion of these two individuals?Thank you!
I hurt my back in June 2015 and directly told my manager I
I hurt my back in June 2015 and directly told my manager I needed an accommodation (I also have a disability - scoliosis). It was never addressed and 2 months later I was written up for working from home and absenteeism. I again stated my back issues, it was not addressed, and in January 2016 I was written up a second time and threatened with termination. In March 2016 I found out I was not given a bonus for the year because of the write-ups. Only then I again asked and finally received my reasonable accommodation - demotion with an ability to work from home. I had to take time off work due to depression and anxiety because of all of this. I lost wages, a bonus, and experienced emotional distress. I would like to submit a complaint to the EEOC - do I have a case?
I have a question--I have 3 auto-immune diseases and I still
Hi. I have a question--I have 3 auto-immune diseases and I still work full time. I have been working for the same person for going on 19 years on November 7. This person seems to believe that it is okay for themselves and other people in the office to come in sick at all times. He does not believe that this hurts me. This is really affected me even more this year due to starting on chemotherapy for my MS last year and had a very bad reaction to this. I have not had a raise in over 5 years, have not had any additional sick time nor any additional vacation time. This comes up every month him letting me know that I do not have any time left. It is very stressful. I am wondering if there is anything I can do about this.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Has anything been filed or reported?Customer: No, because I honestly do not know how to even proceed.JA: Anything else you want the lawyer to know before I connect you?Customer: I do not believe so.
I am currently on approved Fmla leave which employer allows
I am currently on approved Fmla leave which employer allows me to work from home to supervise husband who has cancer. I plan to retire on 12-31-16 and wAnt to know when to notify employer formly and if I do can they terminate me or just lay me off prior to the date I provided? Important to know is my husbands treatment in excess of 40,000 dollars per month are covered with my work insurance until I retire. Although I can start. My Medicare in November I am delaying it until January of 2017. Also, suspect major lay offs before end of this year. Employer has over 300 employees.
An individual has Bipolar disorder (type 1) and is requested
An individual has Bipolar disorder (type 1) and is requested a reasonable accommodation of work from home. The individual recently returned from STD and the company could only accommodate for a short duration. The company has said it is an essential function to be in the office. It is in the best interest of the employee to find a telework position within the company to maintain stability. Is it reasonable ask the company to notify the employee of potential telework opportunities open now or in the future? The company also seems to repeatedly request sign off from doctors on all requests. Is that legal, it seems excessive?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
My employer has stopped paying my health insurance that I
My employer has stopped paying my health insurance that I have been promised. They paid for two months and then stopped without even telling me. I found out when I went for a physical. Also they owe me per diem money for a business trip I went on. Also I haven't gotten paid for my latest pay period. I am not sure how to recoup what's owed to me. Also I am not sure if I should keep working. It is a work from home job with an out of state employer.
I was fired for cause during a progressive medical illness
I was fired for cause during a progressive medical illness preventing me from completing my job duties (had brief FMLA hours reduction at end of PIP). I had recognized that I was disabled just prior to my termination. Disability benefits were terminated at time of separation. Do I have any recourse?