Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My husband was injured in Feb, couldnt work for a week because…

Customer Question
My husband was injured in...
My husband was injured in Feb, couldn't work for a week because of the surgery, after which, he couldn't move his arm for a month and currently still under physical therapy. Last week he received 60 days performance warning letter saying his performance in the last 3 months was not satisfied and he will be terminated in 60 days if he can not show improvement. Is there any laws/regulations can protect him from termination please?
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
6/14/2010
Employment Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6,147
Experience: Review contracts for major corporations
Verified
How many employees at the company, and how long has your husband been working there ?
Ask Your Own Employment Law Question
Customer reply replied 8 years ago
GRACE is a world wild chemistry company http://www.grace.com/About/LocationResult.aspx?State=MD
He has been working at the MD location for 4 years after he graduated from Georgetown MBA program.
Employment Lawyer: Jack R., Lawyer replied 8 years ago

They may be in violation of the Family Medical Leave Act which provides protection for employees who have medical problems that force them from work. Under Federal law an employee has up to 12 weeks leave they can take without fear of losing their job. Your husband should speak with HR at GRACe to make sure he is placed on FMLA. This will protect him from any negative reviews. A doctor's statement i required. HR department must provide the information to participate.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

Ask Your Own Employment Law Question
Customer reply replied 8 years ago
What's the number/name of the federal law you referred to? My husband signed a non-competition covenant with the company. Will this effect him looking for other opportunities?
Employment Lawyer: Jack R., Lawyer replied 8 years ago

It is called the Family Medical Leave Act. here is a link to the department of Labor Site: http://www.dol.gov/whd/fmla/index.htm

 

A non compete clause can impede your husbands job search for similar employment.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

 

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jack R. Your Own Question
Jack R.
Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6,147
6,147 Satisfied Customers
Experience: Review contracts for major corporations

Jack R. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I've been under a performance improvement plan + days, and
I've been under a performance improvement plan for 60+ days, and today I got a final warning. .. which most likely leads to termination. I am feeling humiliated by my employer (supervisors) because I'… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My husband is a garbage man. He is required to lift at least 50 pounds, up to 100 pounds
My husband is a garbage man. He is required to lift at least 50 pounds, up to 100 pounds at each stop. He recently underwent rotator cuff surgery. He is in physical therapy and is almost finished with… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
We are a small Colorado based company that has 11 employees.
We are a small Colorado based company that has 11 employees. We currently have an employee that has been out on workman's comp since last April - May time frame. He has been with surgery and physical … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
60 year old salary employee, senior supervisor employee in
60 year old salary employee, senior supervisor employee in chemical plant. I was asked to cover a 12 hour swing shift for the next 12 months so a much junior employee could be moved to my position and… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
i am a registered nurse working in ICU. I injured my self at
i am a registered nurse working in ICU. I injured my self at work. Was referred to employee health doctor. The next day my chief nursing officer was so angry, yelling at me telling it was my fault. Sh… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am a building superintendent working for a condo in new york
I am a building superintendent working for a condo in new york city. A few weeks ago I injured my arm and went to the doctor. He suggested I go to physical therapy/chiropractor. The injury was the abi… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I was fired and asked to sign a "Package" that wouild pay me
I was fired and asked to sign a "Package" that wouild pay me for several weeks. I turned in a request for FMLA to have knee surgery on a Friday. They terminated one week after and 1 day before I was t… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I was injured back in Sept of 2008... Had first surgery on
I was injured back in Sept of 2008... Had first surgery on shoulder around end of May / first of June in 2009. The anchors came out and 4 weeks later I had to have another surgery. I still have issues… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My husband was injured on the job back in 2001. He had 2 surgeries
My husband was injured on the job back in 2001. He had 2 surgeries while still employed, but was fired after his second surgery because he had met his maximum medical improvement. We sued after this a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was injured on the job on Feb 2nd of this year, hurting my
I was injured on the job on Feb 2nd of this year, hurting my right knee and left shoulder in a fall. The knee injury was only a sprain but the shoulder turned out to be much worse ... although a MRI d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
To Whom It May Concern, My husband is currently on FMLA
To Whom It May Concern, My husband is currently on FMLA for his work, having had back surgery on 4-20-11. We actually are family that is fortunate and does well. I stay at home, two boys and my husban… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am a 58 year old male employee with 21 years (in May) with
I am a 58 year old male employee with 21 years (in May) with my current employer. My performance record for 20 years has either "exceeded" or "met standards" without a blemish. I have held a variety o… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Id never missed much work in 23 years, always good performance
I'd never missed much work in 23 years, always good performance reviews. Year before last, I had to have a disc removed; and was out for 4 months. While off and in a neckbrace, they'd come get me to h… read more
socrateaser
socrateaser
1,031 satisfied customers
I was on Medical disability last year for 11 months due to
I was on Medical disability last year for 11 months due to 2 surgeries and extensive rehabilitative physical therapy required afterwards to regain physical function on my arm. I am back at work now. I… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Hello, I desperately need some advice. I was employed with
Hello, I desperately need some advice. I was employed with a large company from 2004 to 2010. In mid 2009, I went out on disability due to back problems. I received treatment and then returned to work… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I have been on wc since Feb 4 2010 diagnosed as sprain strain
I have been on wc since Feb 4 2010 diagnosed as sprain strain left shoulder. 1st doctor sent me to numerious physical therapy and 1cortizone shot. Had x-ray, mri and arthogram they didn't show anythin… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am a spouse of a deployed military personnel. we have 2
I am a spouse of a deployed military personnel. we have 2 children, a 6yr old, who goes to speech and physical therapy due to a disability, and a 10 yr old. If I miss work due to the youngest being si… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My husband was injured at work. After 3 months of PT the doctor
My husband was injured at work. After 3 months of PT the doctor performed surgery which required 4 additional months of PT. My husband received a termination letter in the mail from his employer stati… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x