Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My name is ***** *****. I returned from 6 weeks on MLOA and

Customer Question
Customer: Hi my name is...
Customer: Hi my name is ***** *****. I returned from 6 weeks on MLOA and returned to work on restricted work schedule. maximum 30 hrs weeks 1-3 and then 40 hrs weeks 4-6. Last Thursday I handed HR department a Maximum restricted hours of 10/day-50hrs/wk I received from my Cardiologist. An 1 1/2 later I ws called to a telephone meeting and was informed that I was being placed on a "PIP" 160 day plan. I am a Senior Accountant for a Publically held company. I haven't signed the "PIP" letter that was presented to me yet. What should I do? Should I seek legal advice?
JA: Thanks. Can you give me any more details about your issue?
Customer: I summarized already the details. Is there something specific you need to know? I live in FL and I've been at this company for 10+ years
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Scots Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 hours by:
1/3/2016
Employment Lawyer: Gerald-Esquire, Lawyer replied 1 year ago
Gerald-Esquire
Category: Employment Law
Satisfied Customers: 4,293
Experience: 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including substantial employment law experience (primarily from the employer side). I hope to provide you information that will help you in resolving your question.

This sounds like your employer is trying to "manage you out the door." By this phrase I mean they are initiating actions with the goal of you deciding to retire early, resign, or if they can find an excuse terminate your position.

This is a common, and unfair practice, designed to limit their risks and expenses in maintaining you on the payroll.

You are going to find that your supervisor is suddenly going to be taking issue with your work performance. Projects that you had previously handled independently are going to be reviewed and second guessed. You will be spending time writing reports to defend or justify your decisions. Then because your productivity will suffer (as your time is spent to attend PIP meetings, meet with your supervisor, write justifications), you will be subject to discipline for the reduced productivity.

You should ABSOLUTELY seek out local counsel to help you navigate through this and sort out your options. Keep in mind that HR is NOT your friend in this, nor is your supervisor.

What you need to start doing is document the ways in which your performance is being undermined. You need to start working with your physician too establish either grounds for an American's with Disabilities Claim or grounds for a disability retirement. The Disability Retirement can be a very tricky proposition depending on your employer's policies. But you need to start looking at those policy manuals that you have only glanced through before.

This link may be useful to you in finding an attorney:

http://lawyers.findlaw.com/lawyer/practicestate/employment-law-employee/florida

Please do that as soon as possible. Try to delay signing the PIP until you speak with counsel. Your attorney may advise you to contest the PIP in writing.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Ask Your Own Employment Law Question
Ask Gerald-Esquire Your Own Question
Gerald-Esquire
Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 4,293
4,293 Satisfied Customers
Experience: 30 years of experience

Gerald-Esquire 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 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

3,773 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.

< Previous | Next >

Related Employment Law Questions
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
I have employment law related question from an employer
I have employment law related question from an employer point of view. This is to do with California EDD.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Not gettng paid weekly payroll check. With a manager who
with a manager who told him there was a gliche in the system … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Case Description Employer will not pay payroll that is owed
Case Description Employer will not pay payroll that is owed and has already billed company for work completed, continues to not pay wages to me and has been avoiding paying it on multiple requests, cu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do employment laws still cover employees who are being paid
do employment laws still cover employees who are being paid under the table? I have been told by the employer that the job would start with cash for the fist couple of weeks then it would turn into pa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Payroll payment dates: If payday occurs on a Saturday or
payroll payment dates: If payday occurs on a Saturday or Sunday should pay be made on Friday, i.e. - a day or two before the date ? With reference to this weekend, Monday is a banking holiday. Does PA… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I have a question about employment law. It is an story that
It is an long story that started years ago. I have resigned my position because of how this person has treated me in the past (which was documented with HR), however, I haven't documented the incident that made me decide to resign. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
If I am on the payroll of a consultancy firm(W2), and I work
[Second opinion] If I am on the payroll of a consultancy firm(W2), and I work for one of their clients:i) can the consultancy firm file for my OPT extension?ii) do I need to be working physically from… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I was trying to fine specific employment laws for but im
Hi there! I was trying to fine specific employment laws for virginia but im having trouble. I was issued a summons recently for serving alchohol to a minor, I did ID him but I read it wrong. This resu… read more
Gerald-Esquire
Gerald-Esquire
Lawyer
4,293 satisfied customers
My employee who works with payroll figured out commisions
My employee who works with payroll figured out commisions innacurately for a year overpaying them. I just had to fill in to do payroll and discovered this she already told these employees what the bas… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Colorado, what payroll information must employers provide
In Colorado, what payroll information must employers provide employees? In this case the employee is eligible for tips in addition to salary. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Looking thru employment law question - State of Florida.
Looking thru employment law question - State of Florida. Employee forgets to clock in or out. Our employee handbook states our mechanism for tracking hours work is Time Clock. When they forget to use … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Can my employer make automatic deductions to my payroll if I
can my employer make automatic deductions to my payroll if I make a mistake and he wants me to pay for it? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
I believe that the "at will" employment law is an advantage
I believe that the "at will" employment law is an advantage for the employer and disadvantage for the employee. Do you agree? Is there a chance that it will some day be eradicated?… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
Are Corporate payroll records protected by privacy
Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided staffing services … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Second opinion] Are Corporate payroll records protected by
Second opinion] Are Corporate payroll records protected by privacy regulations? That is, if I were to demand payroll details of a separate Corporation considered to be a joint employer who provided st… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 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