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: 4 months 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 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,233
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 4 months 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 4 months ago
Have you been diagnosed with any emotional or mental illness at all?
Ask Your Own Employment Law Question
Customer reply replied 4 months 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 4 months 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 4 months 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 4 months ago
DanLegal
DanLegal, Lawyer
Category: Employment Law
Satisfied Customers: 616
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 4 months ago
The question I asked previously is unanswered.
Employment Lawyer: DanLegal, Lawyer replied 4 months 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 4 months 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 4 months 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 4 months ago
I’m not certain. I can check.
Employment Lawyer: DanLegal, Lawyer replied 4 months ago

Thank you

Ask Your Own Employment Law Question
Customer reply replied 4 months 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 4 months 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 4 months 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 4 months 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 4 months 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?

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 DanLegal Your Own Question
DanLegal
DanLegal
DanLegal, Lawyer
Category: Employment Law
Satisfied Customers: 616
616 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am an officer of the company. One of our employees told me
Hello Pearl, I am an officer of the company. One of our employees told me she was "spiraling out of control" and cannot concentrate on work. She is unstable. It is apparent that her quality of work ha… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was sexually assaulted after seeing a client. I work as a
I was sexually assaulted after seeing a client. I work as a therapist in outpatient mental health for a large for-profit agency. On 12/20/2016, after session - I was approached by a man and he seemed … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,521 satisfied customers
I have a man who is mentally disabled that has been
I have a man who is mentally disabled that has been harassing me for years. He has called my employer accusing me of stealing, having sex at work and most recently he is saying that I am harassing HIM… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was asked to step down as a supervisor after being the victim
I was asked to step down as a supervisor after being the victim of domestic violence and told if I didn't, they would demote me. Is this legal? And if I were to pursue a case against the company, woul… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I FEEL MY CONFIDENTIALITY AT MY WORK PLACE HAS BEEN BREACHED.
I FEEL MY CONFIDENTIALITY AT MY WORK PLACE HAS BEEN BREACHED. MY HR PERSON TOLD ME THAT MY BOSS TOLD ANOTHER CO WORKER PERTINENT INFORMATION IN REFERENCE TO MY FAMILY MEDICAL LEAVE. THE HR PERSON TOLD… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was instructing my supervisor to do a job of neglect and
I was instructing my supervisor to do a job of neglect and he started cursing and pointing his finger in my face and when I pushed his finger out of my face he punched me in the face and fractured my … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I was terminated by a large private company for not calling
I was terminated by a large private company (Costco Corporate) for not calling in at least an hour before my shift started although it was within the hour before my shift was to start to care for my s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
Hello, I recently got fired for misconduct at work. It
Hello, I recently got fired for misconduct at work. It first started out I was given a note to file/verbal warning for verbal misconduct and told to correct my behavior. Then about two months later I … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
CAN YOU SUE AN EMPLOYEER FOR MENTAL STRESS AND CAUSING YOU TO GET TO THE POINT AFTER COMIN
CAN YOU SUE AN EMPLOYEER FOR MENTAL STRESS AND CAUSING YOU TO GET TO THE POINT AFTER COMING BACK FROM DISABILITY TO QUIT YOUR JOB DUE TO THE MENTAL ABUSE AND IF SO WHAT IS THE TIME FRAME YOU HAVE… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
will my son 15years of age and myself be able to live in home
will my son 15years of age and myself be able to live in home the if I get a divorce since Im in an abusive relationship and I pay the mortgage. my husband has been unemployed for 9 or more months. Th… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
Can the state boards of nursing order a psychiatric evaluation
Can the state boards of nursing order a psychiatric evaluation for a Registered Nurse when the accusations stated were in 2006-2008 and was not brought up when working those years only now 2011 when I… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I quit to move to Arizona my husband left me in Colorado, and
I quit to move to Arizona my husband left me in Colorado, and was verbally abusive. My employer is fighting this stating I left by choice and personal problems are not eligible. Is there anything I ca… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Where I work they have made a practice of paying people for
Where I work they have made a practice of paying people for medical leave sometimes up to 6 months at their normal pay. I have been out on medical leave for 3 weeks and they will not pay me. I have be… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hello. I am an IT consultant in TX, currently employed by a
Hello. I am an IT consultant in TX, currently employed by a large consulting firm, and I have been assigned to the same client for over 12 years. When I first started with the client (a life insurance… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Had difficulty at work. Used FMLA a bit to take care of myself
Had difficulty at work. Used FMLA a bit to take care of myself and my mental disorder. Had issues at work where no work was given to me I asked and asked and asked for work. Was pulled into a meeting,… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I am a 21 year old felame and recently the victim of domestic
I am a 21 year old felame and recently the victim of domestic violence. The owner of the company I work for and the aunt of the man who physically abused me (who also works for the company) are good f… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers
I need help with my former employer to change my retirement
I need help with my former employer to change my retirement plan. They have "irrevocable" on their plan. Three days before my official retirement date, my spouse started drinking again and became verb… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Employed as Director of Puchasing for 10 years. From 5-96 ...
Employed as Director of Puchasing for 10 years. From 5-96 to 7-30-07. Demoted to Buyer after being diagnosed with schizoaffective disorder. Long story. Just went through it on another website. Before … read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 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