Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have worked for UPS for 37 years as a shifter. The past few years I have had serious health issues with chronic...

Customer Question
I have worked for UPS...
I have worked for UPS for 37 years as a shifter. The past few years I have had serious health issues with chronic sinus infections. Last Fall, I was finally diagnosed with an IGG deficiency (my body does not make the antibodies required to fight off respiratory infections). Fortunately, this was a treatable condition. I was placed on IGG replacement therapy. This therapy requires me to have numerous doctor appointments along with multiple blood drawings. My frequent sinus infections have improved somewhat; however, they are aggravated by the multiple oil spills that I am exposed to everyday I go to work. Technically, the oil spills are a safety hazard. UPS requires every oil spill to be documented; but, that never happens because it is an unfavorable reflection on the managers in charge. Therefore, when I am at work and an oil spill occurs, it causes me to feel very sick with an intense headache and difficulty breathing. I applied for the FMLA with the human resource department at UPS. I did this because I am frequently late to work because of all the doctor appointments my condition requires. My doctor also advised me to leave work immediately when an oil spill occurs so as not to aggravate my illness. My initial application was denied because UPS did not like the way my physician answered a question asking when I needed time off. My physician very honestly answered the question the I would need time off intermittenly for doctor appointments and when my condition worsened because of an active infection. UPS advised me that they needed a more specific time period. My physician then re-worded the answer to say I needed 0 to 14 days a month depending on my condition. I was denied a 2nd time.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 13 minutes by:
6/27/2016
Employment Lawyer: Legalease, Lawyer replied 1 year ago
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,388
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified

Hello there

-

It sounds like you definitely have a complaint against UPS with the DOL (the dol administers all FMLA complaints and problems with employers ). They will investigate the matter and work with your doctor and UPS to come up with a workable solution for you sensitivity to the oils spills issues and any other issues that you may have, And, you are protected from retaliatory termination for up to 18 months after the conclusion of that investigation -- which means that if you are terminated in that time period the DOL will sue on your behalf for wrongful termination. So this is the best move that you can make in this case. My suggestion here is that you should start keeping your own written journal or logbook )not on company computers that they can access) -- In that journal should should document every oil spill and the date and time of it and who was present and who stated that it should not be entered in the company logbook (to show they are hiding the number of spills which are the direct cause of your respitory distress. You should start this now and think back too the not too distant past and go back as far as you can remember when there was an oil spill that was not reported and then go forward from there and turn over copies to the DOL. If it is bad enough it might just become a OSHA issue and UPS will be in a larger heap of trouble with OSHA and they will be wishing they settled the matter with you and gave you the FMLA leave that you may need.,

-

Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so that I will be paid for my time tonight? I am paid nothing unless you press a positive rating (we are paid only on positive ratings and JA keeps the payment as profit if you leave without rating or you press a negative rating). THANK YOU VERY MUCH

Ask Your Own Employment Law Question
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 13 years experience in employment law, unions, contracts, workers comp law

Legalease 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

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 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

3,912 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
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In 2015 I sued my previous employer for wrongful termination
In 2015 I sued my previous employer for wrongful termination and after a year of lawyers speaking back and forth they paid a settlement amount to me. The end result was also a court order for myself a… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about a potential wrongful termination
Hi Pearl, I have a question about a potential wrongful termination situation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Can I sue my employer for wrongful termination because of
Can I sue my employer for wrongful termination because of retaliation of people who caused a hostile environment for me? It led to my discharge a couple days ago blaming me I was a good fit for the te… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I'm facing a possible wrongful termination. I haven't been
Hello. I'm facing a possible wrongful termination. I haven't been able to speak to a manager yet, only the store secretary. Would my first step be contacting my union rep? Ideally I would like to main… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Regarding potential wrongful termination. My company just
regarding potential wrongful termination. My company just fired me without warning and without giving a reason. I did sign At Will agreement. I live in CO and my company's legal HQ in CA. I was a mang… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is complex but there was wrongful termination,
My case is complex but there was wrongful termination, discrimination, etc I️ was told that bc the company has 5 employees I️ do not have an employment law case … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a question regarding wrongful termination. I was
I had a question regarding wrongful termination. I was terminated through a text message and was not given a reason. I understand most employees are at will employees I however never signed any docume… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
987 satisfied customers
I need to live chat an lawyer for wrongful termination.
I need to live chat an lawyer for wrongful termination … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a wrongful termination suit viable due to upper
Is a wrongful termination suit viable due to upper management poor business decision making? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
Is the time limit to file a suit for wrongful termination
is the time limit to file a suit for wrongful termination and or liabel/slander 2years in Virginia? are there any conditions or circumstances that would make the time factor 1year or less? … read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Statute of limitations on wrongful termination in maryland,
statute of limitations on wrongful termination in maryland … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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