Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My manager threatened detriments against me before leaving…

Customer Question
My manager threatened detriments...

My manager threatened detriments against me before leaving on my fmla because I was taking it and my company terminated my position due to an alledged reorg but I was the only one in my department to be let go Im currently on short term disability and fmla

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 8 months ago
Do I have a case?
Answered in 22 minutes by:
9/30/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,207
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Yes, you may very well have a case for FMLA retaliation, which is against the law. Courts have held that a jury must PRESUME that an employer was motivated by FMLA retaliation when an employee's job is eliminated while they are on FMLA leave, and it is then up to the employer to disprove that presumption. This legal presumption helps you out a lot because it means you don't need as much evidence to win your case. Circumstantially, there is strong evidence here of FMLA retaliation. I would retain a local employment attorney as soon as possible.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,207
14,207 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, 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 was fired will on short term disability i was suppose to
i was fired will on short term disability i was suppose to return to work on 06/12/18 but they told that i don't have a job can they do this?? … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I'm currently on short term disability. My employer has less
I'm currently on short term disability. My employer has less than 50 employees. I need advice to know my rights. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Was on short term disability gave my paperwork when I can
Hi was on short term disability gave my paperwork when I can return boss stated that he doesn't want a relapse of my cancer … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
939 satisfied customers
I am currently on short term disability and have been on it
Hi I am currently on short term disability and have been on it since the 26th of last month. My doctor has approved this and all the needed paperwork was sent in, however I recently received a letter … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Does paying for short term disability insurance on the
does paying for short term disability insurance on the paycheck a sign to the employer that the individual is regarding as having a disability?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I am receiving short-term disability benefits through the
Hello, I am receiving short-term disability benefits through the state that will end on 5/18/18. I intend on resigning from my current job and would like guidance as far as how to do this. I contacted… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was on Short Term disability in Sept.- Nov off 2017. I
I was on Short Term disability in Sept.- Nov off 2017. I went back two work Dec working from home per my doctor for two months and then went into the office. I go sick again due to stress from work. C… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,207 satisfied customers
Can my employer add my Fmla and my short term disability
Can my employer add my Fmla and my short term disability together … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I need to file for short term disability with my employer
I need to file for short term disability with my employer under FMLA for stress and anxiety reasons; is my application going to put me in jeopardy for my job? I have recently found out that some reduc… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Am I required to submit FLMA and short term disability
Am I required to submit FLMA and short term disability paperwork to my employer if I'm working four hours a day in office and working four hours from home while receiving physical therapy for a hernia… read more
Ray
Ray
Lawyer
Doctoral Degree
32,951 satisfied customers
Been iut on short term disability biss has now called dr
Been iut on short term disability biss has now called dr office demanding information and an actural return to work date, that my job is in jeopardy. Have worked at tbe hospital gor 34 years … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,207 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,523 satisfied customers
I'm currently on short term disability and am not wanting to
I'm currently on short term disability and am not wanting to return to my current employer because the stress of this job is a large part of the reason for my impairment. what is the appropriate way t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I am on short term disability through my current employer.
I am on short term disability through my current employer. In state of IL; at will state. WHAT ID LIKE TO HAPPEN: Look for other work. Go back to my employer to give notice & stop disability, transiti… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've been out on short term disability/FMLA for a broken
I've been out on short term disability/FMLA for a broken ankle. My FMLA runs out on February 24th. My doctor informed that I can return to work on February 13th with some minor restrictions - nothing … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,207 satisfied customers
If some has and short term disability insurance and is
If some has long and short term disability insurance and is denied their claim and subsequent appeal what is a next course of action to take against that insurance company?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
I have exhausted my FMLA, short term disability and
I have exhausted my FMLA, short term disability and currently pending long term disability in the state of Texas. I briefly went back for a week during FMLA prior to my illness getting worse. My quest… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have used all of my FMLA along with short term disability
I have used all of my FMLA along with short term disability during Feb-May came back to work 5/5. I was not 100% better however I went back to work. Migrane headaches caused by an accident and then ha… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 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