Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I work for the SF City and County. I have a cyst the size of…

Customer Question
I work for the...

I work for the SF City and County. I have a cyst the size of a golf ball on the back of my hand. I applied for Workman's Comp, but was denied later on in the process working with my WC physician. I am also a whistleblower and the City Attorneys Office has been threatening me on a regular basis indicating I am under investigation. The reason why has yet to be disclosed. Now, I am having panic attacks for this constant retaliation for filing complaints with the Ethics Commissioner, Controller's Office and the Civil Service Commission. HR has tried everything they can to apply constructive discharge, but I cannot quit my employee because by husband is disabled. He received kidney transplant and the anti-rejection drugs are more than we can pay for without private insurance. Now, I was allowed SDI to recover from the panic attacks at work. Instead, the Civil Rights division of HR submitted a fraudulent FML 3 indicating that I have been approved for the continuous FMLA and CFRA without my physician's approval and filing of a FMLA 2 form. They cannot due this to me - can they?

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

California San Francisco

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

Full time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was a paralegal for the US DOJ for nearly ten years. It is unbelievable that filing a complaint for misappropriated Federal and State funds, and a number of other violations would cause such retaliation for over 2 years. I guess San Francisco does not honor the whistleblower protection act. Most of my contacts with attorney's has led me denial of any legal assistance. Can the City attack my health coverage as well. Thank you

Submitted: 2 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
12/18/2017
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,386
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Good luck. I have also filed a complaint with the CA State Bar. They are aware of the complaints and the City Attorney's Office as claimed "Plausible deniability". Not surprised. Thank you and I think I know what the answer is already.
Customer reply replied 2 months ago
No. I am also on the phone with HR and my physician's letter that is allowing me to return to work may not be acceptable to them. I cannot even speak right now because of the retaliation that is taking place. How can I stop them from doing this to me?
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry to hear about your situation. If I can clarify your concern, your FMLA was unapproved because they believe you submitted information fraudulently?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
No, I had intermittent FMLA approved never continuous. My Workman's Comp was denied, which is the norm for SF. I was approved for SDI for 6 weeks. HR sent me a FML 3 showing that I was approved for the continuous FMLA and CFRA for the same time period and that I needed to a letter from my physician to return to work. This FML 3 is fraud by the HR in that I never applied for continuous leave and my physician never approved such a leave.
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

You may have to educate me on what an "FML 3" is exactly. As far as I understand, it looks like your employer is claiming that you were on FMLA and worker's comp at the same time, but this wasn't the case, correct?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Sorry for my typing. I am having difficulty with my pain occurring on my left hand. Plus, while on WC the physician had submitted an accommodation request for limited typing. There was no discussion about the limited work and I was sent home immediately. I filed a complaint with HR reporting that there was no discussion regarding the denial and no form indicating as such.
Customer reply replied 2 months ago
No, my WC was denied on 9/1/2017. I applied for SDI on 11/132/2017. The FMLA 3 form is the form provided to the employee reporting approval of FMLA - but it was continuous, not intermittent that was already approved.
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Ok, I think I understand. So, help me understand what your primary question is regarding this? I don't want to make any presumptions.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Is the filing of the FML 3 from fraud on the HR's part. HR cannot approve the continuous FMLA leave without a physician's approval by filing the FML 2 form. My physician never approved and I never filed the FML 2 form for continuous leave.
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see what you mean. Thank you for clarifying. Unfortunately, I don't believe that this would constitute fraud. Fraud is generally something that must be done with intent to defraud someone. Only if they were intended to defraud you or defraud some other individual through issuing the FML 3 form, would they be liable for any kind of fraud. Does that make sense?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
No. The rights and responsibility of the employee is to obtain a valid FML 2 by a licensed physician that would approve a the continuous leave. They have given me the approval without the physician's approval. This is like a pharmacy providing a drug without a physician's Rx. There is intent to defraud me and require that I abide by the return to work regulations under FMLA rather than SDI. This is what is happening. The Dept of Labor even reports on the form that if the Employer harasses you causes any harm in the process, I may report it to them. I think that this is what I will do. Sorry and I hope I educated you somewhat on Employer fraud.
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hi, unfortunately, I don't know if I can help you with this. I don't believe that this is fraudulent unless someone intentionally did something to gain some benefit; however, I don't know if I can see that there was intent and I don't know that they gained anything by providing this. FMLA and SDI have similar regulations, it's only that FMLA just allows you to be off work and SDI pays you while you're out of work. With that said, let me opt out of this discussion and let another expert who may be better qualified to answer your question do so. Thanks.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,845
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.

The issue with FMLA is it is granted for any qualified condition known to the employer. It is up to the employer as to what type of documentation they require for the leave and if the employer wants to approve continuous leave without a doctor's recommendation, that is up to the employer, but it is not fraud.

As far as an employee returning to work, it is up to the employer to make a determination with medical support as to whether or not an employee is safe to be in the workplace. If the employer refuses to allow an employee back to work once an employer has cleared them, then this can be discrimination under the Americans with Disabilities Act and you can file a complaint with the EEOC regarding that discrimination.

The problem I see here is the retaliation you are claiming and that is a completely separate issue that you may want to pursue against the employer, since they cannot harass, intimidate or retaliate against you for making complaints of that nature with the employer or with any government authorities. If the employer is engaged in such retaliation then you need to seek out a local employment discrimination attorney and pursue a retaliation suit against the employer for that retaliation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Thank you. However the FMLA rights and responsibilities state that it is up to the employee to obtain physician certification for continuous leave. I was already approved for intermittent leave. Now I know the reason is that they have put me on admin leave, when they were trying to get FMLA to pay for it. That maybe fraud.
Employment Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

It is up to the employee to supply the necessary information upon demand of the employer. If your employer did not ask for it AND your employer is not receiving benefit from this submission, but you are, then it is not "fraud" in the sense you are thinking. Your employer can grant you leave as they see fit is the issue here. In order to win a fraud case against them, you have to prove they obtained some gain from giving you continuous FMLA leave.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,845
121,845 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, 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

12,549 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
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Can my employer require me to take a drug test if I have
Can my employer require me to take a drug test if I have been on a medical leave of absence when I return to work? They do random testing from a pool of 1500 employees … read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
I failed a pre employment drug screen for THC, unintentional
I failed a pre employment drug screen for THC, unintentional injection but nevertheless, the test was postive. I was reported to the BON and offered the nondiscplinary monitoring program. I have since… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,845 satisfied customers
Illinois whistleblower protection. Union Full time. Att is
Illinois whistleblower protection JA: Is the employment agreement "at will," union, full time or part time? Customer: Union Full time JA: Anything else you want the lawyer to know before I connect you… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,845 satisfied customers
I was pulled for a drug test after an accident at work it
I was pulled for a drug test after an accident at work it showed a false positive before it was sent to lab for further testing is management aloud to discuss any of those findings either way with oth… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Hours are required to take a drug test a random drug test
Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Filing a whistleblower claim procedure and protocol. I have
Filing a whistleblower claim procedure and protocol … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,845 satisfied customers
I have to do a drug test because I was injured at work don't
I have to do a drug test because I was injured at work don't need medical care but have to do pee test. If I smoke marijuana … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I filed a discrimination/ retaliation claim; race; age claim
I filed a discrimination/ retaliation claim; race; age claim against my former employer with the NY State Division Of Human Rights. i received the respondents answers to my complaint. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,335 satisfied customers
I will skip the entire story of discrimination, retaliation,
I will skip the entire story of discrimination, retaliation, and coercion by both my University Human Resources Department and my own Union Director (who did not read the fine print and refused to dis… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Can an employer conduct a drug test to only a portion of
Can an employer conduct a drug test to only a portion of their staff if they do not provide a safety risk without or provide prior notification to thod … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,591 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
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,845 satisfied customers
Can a employer know that a employee is up for a random drug
can a employer know that a employee is up for a random drug test at the end of one week. but tell him that he needs to be at a safety meeting first thing monday with his crew. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,483 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
1,063 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,845 satisfied customers
Can I be fired for a valid prescription drug? Drug test
Drug test because of work injury . Broken toe . Three weeks later after I was returned to regular duty ... the same day I was fired … read more
lawyerJ
lawyerJ
Juris Doctorate
156 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