Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was written up in Sick when the manager gave me and

Customer Question
I was written up for...
I was written up for calling in Sick when the manager gave me and another tech permission because he thought we had FMLA. When he found out I didn't qualify for FMLA he proceeded with the write up. He told me he had to write me and the other tech up when I returned but he never wrote the other tech up. And now with part of this reason along with several other reasons he told me I had to resign or get terminated so I submitted my resignation. We do have a Union so there is an employment contract but the Union Steward was on his side more than mine. Ive since filed an ethics complaint against the manager with the company. Is this legal?
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
I called in on Sunday to the weekend duty manager and the weekend manager said it was okay but my manager never answered or responded to my text messages. The doctor said I could return on Tuesday. I called the manager to let him know on Monday and that's when he gave me permission and said I can pick up the FMLA papers when I returned. When I came back on Tuesday he told me that same day that he had to write me and another tech up for calling in that Sunday but I'm almost certain he only wrote me up.
Answered in 6 hours by:
2/13/2016
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,681
Experience: B.A.; M.B.A.; J.D.
Verified

I am so sorry to read about your difficulties.

As you may know, your employer can terminate you or force you to resign for any reason or for no reason at all so long as the reason for this action is not on any one of the prohibited grounds of race, gender, age (40 and over), disability, national original or the like. Even if the reason is unfair as in this situation, the employer's action is still legal. Nevertheless, if your manager did not follow proper protocol in threatening to terminate your employment or demanding for your resignation, you may escalate your complaint to the employer's appeal process and ask for review of the manager's action.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,681
21,681 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
I am on FMLA and being disciplined by my employer for not
I am on FMLA and being disciplined by my employer for not reporting my time correctly and according to policy. I get that part, but included in that discipline they discuss my missing work creating st… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Am I able to appeal an FMLA denial for the state of Florida?
Hello Am I able to appeal an FMLA denial for the state of Florida? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I applied for FMLA for my son who was diagnosed with
Hello, I applied for FMLA for my son who was diagnosed with Kawasaki Disease and was hospitalized for a week last December, my FMLA was approved, I then found out that my Manager had forwarded my FMLA… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can my employer deny FMLA for a pre-approved Dr. visit if I
Can my employer deny FMLA for a pre-approved Dr. visit if I failed to bring in documentation for that visit in a timely manner (within 5 days per the handbook) even though I showed them the paperwork … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can you take fmla for a death in the family if the
can you take fmla for a death in the family if the individual who died raised me or was a father figure?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question pertains to the FMLA act of 1993, which is
Second opinion] Hello. My question pertains to the FMLA act of 1993, which is administered by the Wage and Hour Division of the U.S. Department of Labor. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a question about FMLA benefits in a severance
Good evening! I have a question about FMLA benefits in a severance package. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My question pertains to the FMLA act of 1993, which is
Hello. My question pertains to the FMLA act of 1993, which is administered by the Wage and Hour Division of the U.S. Department of Labor. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
Are you familiar with NY 2018 FMLA as it pertains to a child
Are you familiar with NY 2018 FMLA as it pertains to a child with pysco-social issues that include risk of physical self-injury & suicide? My child is 16 (recently), has IEP that has 1 psycho-social-e… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
130 satisfied customers
FMLA Paperwork refused to be re-certified and filled out by
FMLA Paperwork refused to be re-certified and filled out by my son's physician … read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,504 satisfied customers
I was on FMLA leave due to an auto accident. At doctors
I was on FMLA leave due to an auto accident. At doctors request I was out my my full 12 weeks. When I came back,, they required more documents. I gave it to them, as was laid off. continued physical t… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
726 satisfied customers
I worked for a public company with an employment contract.
I worked for a public company with an employment contract. The employer stopped paying tax and said I was now a “consultant”. I never changed duty or office space, still had company Amex and privilege… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
726 satisfied customers
This is an employment contract question. When hiring new
When hiring new employees--a would-be employee signs the contract to begin a new position, but backs out before starting. Can a clause in the contract require that would be employee to pay a fee for backing out of the obligation? The purpose of the fee would be to help the employer quickly find a replacement. In other words, Is it legal to put a penalty or "liquidated damages" clause in an employment contract that states that if after signing the contract the would be employee backs out and does not begin employment as they promised--then the contract requires the employee who reneged to pay the would be EMPLOYER a fee or liquidated damages so that the employer can find another employee to replace the one that did not fulfill the contract. Thank you. … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,681 satisfied customers
In January of 2017, I was approved for fmla, for my serous
In January of 2017, I was approved for fmla, for my serous health condition, however, I was told by my supervisors that my usage of fmla is going to get me terminated because of my usage of time. Anot… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have an employment contract question with my current
Hi Pearl, I have an employment contract question with my current employer. Can I ask you? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,851 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I work in Florida on an at-will employment contract.
Hi. I work in Florida on an at-will employment contract … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I am signing an employment contract. The company is
Hi! I am signing an employment contract. The company is incorporated in Delaware, but I live and work in CA. Am I protected by CA state laws? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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