Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I reside in California. I'm currently on FMLA for stress

I reside in California....
I reside in California. I'm currently on FMLA for stress leave from primary employment. I have a second job that my doctor encouraged me to work due to it. Ring a positive working environment. Is that legal? I don't want my primary employer to be able to terminate me for working somewhere else while on FMLA, despite they created the stress. There is no policy by my employer that states I cannot. However, they did say that it is "expected" I will not be at my other place of employment due to my LOA.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union. Full-time. My other position is a per diem position.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm filing a Hostile Work Environment complaint
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
9/13/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,889
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question

Because you are on stress leave from a particular job, that doesn't mean you cannot work a secondary job with a particular serious medical condition that you have. In deed neither the FMLA or Cal equivalent have any prohibition to working a secondary job while on leave. The California Supreme Court has ruled that even if you an employee is on medical leave due to inability to perform the essential functions of his or her job, yet continues performance at a similar second job, this is not conclusive evidence that he or she does not suffer from a serious health condition and is capable of performing the duties specific to his or her job under the first employer. Terminating the employee without more information may lead to costly and time-consuming disputes involving factual questions that may ultimately have be decided by a jury...thus employers should be very hesitant to adopt a policy of no secondry job while on medical leave. So , to answer your question directly - there's no law that states you cannot work while on leave. However, you should first review the employers policy on secondary employment during medical leave.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,889
Experience: Exclusively practice labor and employment law.
Verified
John and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thank you. To my understanding my employer has no policy on secondary employment during medical leave. I think it's uncommon. I due work for a government agency and do not think that makes a difference. If not, I am satisfied with my answer.
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,889
5,889 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John 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

5,889 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
Can you please define "covered employers" for FMLA? we have
Can you please define "covered employers" for FMLA? we have more part time than full time Is the 50 employees head count? or hours … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
I feel my employer created a hostile work environment due to
I feel my employer created a hostile work environment due to either my age or gender (I'm a white male age 51 and my supervisor is a white female in her 30s. Now I'm being forced out of my job. Do I h… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
I have everything I need to file a hostile work environment
I have everything I need to file a hostile work environment claim but not sure where to start. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The clinic I attend to was given papers to sign for fmla
The clinic I attend to was given papers to sign for fmla leave. My employer has strict deadlines and I was not able to return to work at the moment I was ready to return to work. I am on some type of … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I have an employee out on FMLA that was to return on January
I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They st… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can I file a complaint against my employer for hostile work
Can I file a complaint against my employer for hostile work environment? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had an incident at work that created a hostile work
I had an incident at work that created a hostile work environment for me and I want to know if there are basis for a law suit … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I am classified "per diem" The company hires all in my
i am classified "per diem" The company hires all in my department as such. there are 30 in my department and only 6 classified as "full time" the full time and per diem are paid the same hourly rate. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was accused of creating a hostile work environment. At
I was accused of creating a hostile work environment … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
12,054 satisfied customers
I have a question regarding hostile work environments
I have a question regarding hostile work environments claims … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I am a per diem nurse and have worked for a company for 14
I am a per diem nurse and have worked for a company for 14 years. I am the only per diem employee in the company. Everyone gets raises annually, but me. I talked to my last manager and he promised me … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 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
28,693 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 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