Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I contacted my employer about a month into my maternity

Customer Question
leave and asked them if...
I contacted my employer about a month into my maternity leave and asked them if once my leave under FMLA was up if i could be a remote employee and work from home 100% of the time as we wanted to move out of state and be closer to famiy. My direct manager said he was fine with it however his manager said that the company does not want to set precedence for one employee to work remotely as others can/ would expect the same. I know of at least 10 employees in the same organization who are remote employees 100% of the time and 5 of them were given permission to do so since I went on maternity leave.
I am not asking for any treatment that has not already been granted to employees in my organization. I was wondering what my next steps would be?
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
6/29/2016
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,427
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question, however, I am not entirely clear on what you mean by "next step." If you are asking if you have a right to work remotely because other employees do, then the answer would be no, unless you can prove that the only reason you are being denied the opportunity is because of your gender, race, national origin, age (over 40), pregnancy/childbirth, religion, disability, or military service. Or, because you have used FMLA.

In other words, an employer never has to be even handed in their policies unless they are engaged in unlawful discrimination. If you do believe that you are being denied the opportunity because of one of the listed reasons I mentioned, then you would need to file a formal discrimination complaint through your HR/EO department at work. If they do not resolve the information in your favor, you can then file a complaint with the EEOC and contact a local employment law attorney to discuss your next step, which could be to file suit.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 29th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
If I quit my job or am fired for not returning can I collect unemployment? It would be in the state of Texas.
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Although this is a different question, which the Site requires be posted in a new question thread (their rules, I don't make them or even work for them), I will go ahead and address the issue in an effort to assist you. Unfortunately though, there is no black and white answer in this case. No one, but the TWC can tell you whether or not you qualify for UI benefits and then only after they have gathered evidence from you and the employer.

Generally speaking though if you were terminated for refusing to work in the office, that would be considered termination for cause (unless you can convince the State that the decision was made with discriminatory intent because you took time off). In the case of termination for "cause" you would not be eligible for UI benefits. If you quit, you would have to convince the State that you had no choice but to quit and that you had tried to resolve the issue with the employer before quitting. That burden of proof would be very difficult to do in this case unless, again, you can show discriminatory intent against you in particular, or that they also demoted you and decreased your pay without cause.

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Just checking again to see if you have further questions related to your original question. If not, I would ask that you please leave a positive rating in the box on the page of this question so I will be paid for my work by the Site. Without that rating, they will not pay me for answering your questions. Thank you

Ask Your Own Employment Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,427
20,427 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD 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

20,427 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
I am current with STD and FMLA. The thing is that by when my
Hi, I am current with STD and FMLA. The thing is that by when my FMLA is over I won't be healed yet and fit to return to work. It might take at minimun 112 months more. How will this be handled? what … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a discrimination compliant against my employer. The
I filed a discrimination compliant against my employer. The case is before Miami EEOC judge; since July. No hearing has been set up. How long does it take to get a hearing in Miami? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Employment discrimination. Work from home in NJ, office in
Employment discrimination JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Work from home in NJ, office in NYC JA: Is the employment agreement "at will," uni… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
896 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,967 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a violation of FMLA if the employer knew that an
Is it a violation of FMLA if the employer knew that an employee had a serious health issue and fired that employee, when 12 weeks of FMLA could have resolved the issue. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Scenario: someone goes on FMLA on January 23. This person is
Scenario: someone goes on FMLA on January 23. This person is currently an office administrator and received a raise in December 2016. This person has a stroke on January 23 and is put on FMLA until th… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can a M.D. collect unemployment when she was terminated for
Can a M.D. collect unemployment when she was terminated for breaking apt care law? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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