Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I'm a victim of domestic abuse and filed a restraining order…

Customer Question
I'm a victim of...

I'm a victim of domestic abuse and filed a restraining order against the offender. I was recently put on leave from work and was told that I may only return if I get a medical and mental evaluation.

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

Full time salaried employment

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

I have been with the company since it's founding in 2005

Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/10/2018
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified
Hello I am an attorney here to help. What specific questions did you have for me today?
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
I was recently the victim of domestic violence and because of how I was affected emotonally and mentally, my employer put me on a 1 week leave of absence. I was told, in essence, to come back with a full physical medical and a mental evaluation, stating that I was fit to return to work. Is this legal? And, im I entited to family leave benefit to deal with the issue?
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago
Have you been diagnosed with any emotional or mental illness at all?
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
No I have not. Events leading up to the abuse caused a noticeable difference in my attitude. I thought about seeing a leave myself but worried it would reflect poorly on me so I didn't. When I was put on leave, my employer said that when i originally told her of the incident and police involvement, and that I was scraped and bruised, that she didn't see any signs of this. It's because I covered it up to avoid notice. It's embarassing enough as it is to admit being abused. I've been with the company for 13 years, since it opened and I think this treatment is unfair. Why not allow me to take a family leave to take care of business, instead of adding insult to injury?
Employment Lawyer: Legal Eagle, Lawyer replied 1 month ago
I can understand. I'm sorry to hear about your situation. So, FMLA can be granted if the employer has reason to believe or has proof that someone is dealing with a disability that would keep them out of work. Usually, although abuse is terrible, it's not considered a disability, thus they didn't have an obligation to provide FMLA. There is some argument here though that if they want you to get an evaluation before returning to work, they may be suspecting that you are dealing with a mental or emotional disability. An employer can require an evaluation before you return to work.In your case, I think that getting the evaluation may be smart because if there is an illness there, even a temporary one, they should provide FMLA. They must also have at least fifty employees within a 75 mile distance as well.How else can I help you today?
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Also, I've been with the company for 13 years. Although I'm not a founder, I was instrumental with the start up. I was hired as Director of Marketing in 2005. We started with 1 office and 15 agents. We now have 10 offices and over 200 agents and 50 employees. In 13 years, I have received 1 raise, with hints that I would be benefitting from profit sharing. My job title has changed from Marketing Director to Marketing Manager to Special Projects Marketing Manager. I been made supervisor from 1 employee to 10, then to 4. I've never been compensated for the additional responsibilities nor have I ever been given a written job descriptions. I haven't had a review in 2 years, I believe. Because as the CEO once told me, I dont view you as an employee, you're like the 4 founder. My responsibilities and duties were all encompassing but never definitive or in writing. Now, i'm put on leave for poor performance. I given my all to the company, putting extra time and doing tasks totally unrelated to my job title. There's a running joke that if you need help with anything at the company, ask Darius. I've been stretched thin and feel like I've been set up to fail.
Employment Lawyer: DanLegal, Lawyer replied 1 month ago
DanLegal
DanLegal, Lawyer
Category: Employment Law
Satisfied Customers: 349
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help you - I'm sorry to hear about your situation, what specifically can I help you with?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
The question I asked previously is unanswered.
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

Yes I see that, I was wondering specifically what you would like help with? Is it legal to require you to get a mental health evaluation?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
I’m a victim of domestic violence which caused me to file a restraining order, which was violated when the offender was released from jail. It has caused me emotional distress the past two weeks, and as a victim, I’m being required to prove my stability. But there’s more I detailed in the longer explanation. It begins with, “But,also...”
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

Is there anything in your handbook that requires a medical clearance if the company believes there is an issue?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
I’m not certain. I can check.
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

Thank you

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Our handbook briefly discusses domestic abuse but it doesn’t specifically say that a medical clearance is required. But I think a key point is being missed. I’m the victim...and I have to prove my stability? Sounds like injustice to me.
I don’t think my employer believes that I’m the victim. My CEO said that when I told her I was battered and bruised, she didn’t see anything on me. She also said, I don’t know what kind of people you associate with but this is a warning or something to that effect. What does nit matter who I associate with, I’m a victim of violence inflicted upon me by a specific person. Do people tell rape victims, it’s their fault because of the people she associates with?
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

I am very sorry that you are dealing with this and dealing with what could be seen as a hostile work environment. First, to address the company asking/requiring you to get counseling may very well be within their rights as a company. I'm sorry to tell you that, but if the company is a privately held corporation, they would be allowed to ask that. That being said, you do not have to complete it. The bot***** *****ne is that you have been a victim of a horrible experience and should be receiving encouragement from those around you. Secondly, because of what your CEO said to you, you may have an option to hold the company responsible for a hostile work environment. You will need to talk to a civil attorney in your area to discuss the specifics.

Ask Your Own Employment Law Question
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

Also, I want you to know that as a victim of domestic violence you do have certain rights. http://www.domesticviolenceinfo.ca/article/victims-bill-of-rights-152.aspv. That is a link that generally speaks about the rights. Depending on your location in the country, there are rights that are enacted into law.

Ask Your Own Employment Law Question
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

The prior expert went into the FMLA analysis and they are correct with how that can apply.

Ask Your Own Employment Law Question
Employment Lawyer: DanLegal, Lawyer replied 1 month ago

I hope I have given you some options of how to handle your difficult situation - can you please rate me with 5 stars

Ask Your Own Employment Law Question
Was this answer helpful?
Ask DanLegal Your Own Question
DanLegal
DanLegal
DanLegal, Lawyer
Category: Employment Law
Satisfied Customers: 349
349 Satisfied Customers
Experience: Partner at McCollum Hodgkinson, P.C.

DanLegal 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
If an employee who is paid salary + commission, who is then
If an employee who is paid salary + commission, who is then terminated but still contractually entitled to receive commissions for 6 months on closed units, what remedy does employee have when employe… read more
DanLegal
DanLegal
Lawyer
349 satisfied customers
FMLA Paperwork refused to be re-certified and filled out by
FMLA Paperwork refused to be re-certified and filled out by my son's physician … read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
Do you deal with working in a hostile environment or
do you deal with working in a hostile environment or bullying? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm not sure if this job description meets the salary
I'm not sure if this job description meets the salary exemption. The candidate makes $2200 a week. • Provide staff augmentation to the Facilities Division performing work for the Argonne National Labo… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
I am wondering if my faculty handbook serves as a "contract"
I am wondering if my faculty handbook serves as a "contract" … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
My immediate supervisor has been hostile and unprofessional
My immediate supervisor has been hostile and unprofessional with me for many months. I recently had to go to the hospital, and he refused to let me move the deadline for a project. I contacted HR, and… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
We have not had a chance to update our Employee Handbook to
We have not had a chance to update our Employee Handbook to reflect Chicago Paid Sick Leave, we have made all impacted employees aware of the ordinance and how their accrual time is calculated and tra… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Moved to a new city for a job one year ago. Job description
Moved to a new city for a job one year ago. Job description did not match what I was doing. Description did not include that production would be the sole metric by which I would be measured. Salary cu… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
I currently have intermittent fmla. I was denied my fmla to
I currently have intermittent fmla. I was denied my fmla to be consecutive said i didn't give them the paperwork they needed however I was never contacted about anything concerning my request. Can the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Do you have to have a drug alcohol policy and a handbook in
Do you have to have a drug alcohol policy and a handbook in order to drug test in the state of Pennsylvania … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Our PTO and Vacation statement in our employe handbook is
Our PTO and Vacation statement in our employe handbook is nebulous. I am a national guard member who utilized 16 hours of PTO. One for my military duty on Thursday and one for my personal needs. They … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A new job description was written a few months ago very
A new job description was written a few months ago very similar to my job. Needless to say the new position was been offered to another external candidate. I was informed last week that my position wa… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a current job in which the handbook has an at will
I have a current job in which the handbook has an at will policy but I also signed an employment contract to give 4 weeks notice. Due to personal reasons I can no longer work the hours the job entails. (10-7) I have found new employment but they can't wait 2 weeks. I gave notice last week and told them that I can work normal hours for the next 2.5 weeks and then after 3:30 the following 2 weeks. Now after accepting the resignation last week, I received an email about needing to give 4 weeks. I was looking to see if there is something they can do against me because of this. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 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
12,976 satisfied customers
Can a 1099 be asked to sign an employee handbook? Not a
Im in Texas the company is in California. Work at Will … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,170 satisfied customers
Can an employer change your job description or duties
can an employer change your job description or duties without your knowledge and then force you to follow the new job duties? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Am wondering without a written job description, can a
Am wondering without a written job description, can a Manager threaten to take you off the job you have been doing for years for being ill and not being able to do the requested other job?? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Requited to perfom dutirs outside my job description- approx
Requited to perfom dutirs outside my job description- approx 53% of my work year. Was paid 1.25 OY rate- another mgr wad paid 1.5OT. Have been required tp petform duties no other mgr - prevoius mgrs -… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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