You Have Questions, We Have Answers.
We know you still may have some questions about your employment law matter. In that case, contact us for more information or to schedule a brief consultation.
How can I get a leave/accommodation for my husband who I think has developed anxiety and PTSD?
Employers are required to provide medical leave if they employ over fifty people and the effected employee has worked for the employer for at least one year and worked 1,250 hours in the preceding year (Family Medical Leave Act "FMLA" or California Family Rights Act "CFRA").
If your husband does not meet those qualifications he may still be afforded the right to a reasonable accommodations. Reasonable accommodations are judged on a case by case basis depending on the medical needs of the employee and the needs and resources of the employer (Fair Employment and Housing Act "FEHA" or Americans with Disabilities Act "ADA").
In either case, your husband will need medical certification of his condition so the first step should be to get a diagnosis. Thereafter he can request medical leave either under FMLA/CFRA or as a reasonable accommodation of FEHA/ADA. If you have a diagnoses, you may want to set up a consultation with an employment attorney to see if he will qualify for leave or an accommodation.
If your husband does not meet those qualifications he may still be afforded the right to a reasonable accommodations. Reasonable accommodations are judged on a case by case basis depending on the medical needs of the employee and the needs and resources of the employer (Fair Employment and Housing Act "FEHA" or Americans with Disabilities Act "ADA").
In either case, your husband will need medical certification of his condition so the first step should be to get a diagnosis. Thereafter he can request medical leave either under FMLA/CFRA or as a reasonable accommodation of FEHA/ADA. If you have a diagnoses, you may want to set up a consultation with an employment attorney to see if he will qualify for leave or an accommodation.
Can I BE TOLD THAT I WILL BE PLACED ON FMLA BUT THEN TERMINATED A MONTH LATER?
That sounds suspicious to me. FMLA's main purpose is job protection while on leave. Technically, if an employee would have been laid off anyway, or there were some other valid reason for termination, like misconduct, then an employer can terminate employment, but it will be their burden to prove that the termination was not because of the FMLA leave.
If the reason for the leave was because of a disability to the employee or an immediate family member of the employee, the employee may also be protected by the Fair Employment and Housing Act which prohibits discrimination against disabled employees or those associated with a person with a disability.
If the reason for the leave was because of a disability to the employee or an immediate family member of the employee, the employee may also be protected by the Fair Employment and Housing Act which prohibits discrimination against disabled employees or those associated with a person with a disability.
Are government agencies exempt from religious accommodation?
Scenario: I was in the hiring process for one year before mentioning the need for a religious accommodation and they made me withdraw my application.
Government agencies are not exempt from rules prohibiting discrimination, including religious discrimination.
Failure to hire cases can often be more difficult than a wrongful termination because of the large amount of discretion afforded to employers in hiring their employees. However, the timing of this reversal does create suspicion that the true reason was because of your request for a religious accommodation. If that is the case, you will also have to prove that the request was reasonable and would not have placed an undue burden on the employer to accommodate it.
I would suggest you consult with an employment attorney to confidentially discuss your situation because it may be worthwhile to pursue your claim. There are time limits in which to bring a claim so do not wait too long to seek out help.
Government agencies are not exempt from rules prohibiting discrimination, including religious discrimination.
Failure to hire cases can often be more difficult than a wrongful termination because of the large amount of discretion afforded to employers in hiring their employees. However, the timing of this reversal does create suspicion that the true reason was because of your request for a religious accommodation. If that is the case, you will also have to prove that the request was reasonable and would not have placed an undue burden on the employer to accommodate it.
I would suggest you consult with an employment attorney to confidentially discuss your situation because it may be worthwhile to pursue your claim. There are time limits in which to bring a claim so do not wait too long to seek out help.
Is it legal for my employer to withhold my pay-check until the last minute every other Friday?
In a word, yes. Laws regarding pay periods have to do with dates, not times.
In California, Wages earned between the 1st and the 15th of the month are to be paid no later than the 26th day of the month in which the employee worked. Wages earned between the 16th and the final day of the month must be paid by the 10th day of the following month.
In Wisconsin, an employer must pay wages at least monthly, and no later than 31 days since the last pay period.
There are exceptions to each of these rules, and different rules apply when employment ends, so it is important to speak with an employment attorney as soon as possible.
In California, Wages earned between the 1st and the 15th of the month are to be paid no later than the 26th day of the month in which the employee worked. Wages earned between the 16th and the final day of the month must be paid by the 10th day of the following month.
In Wisconsin, an employer must pay wages at least monthly, and no later than 31 days since the last pay period.
There are exceptions to each of these rules, and different rules apply when employment ends, so it is important to speak with an employment attorney as soon as possible.
IF I WAS LAID OFF FROM WORK IN CALIFORNIA AND ACCRUED A DAY OF PAID SICK LEAVE DOES THE COMPANY HAVE TO
PAY ME FOR THAT DAY? WHAT ABOUT VACATION PAY?
PAY ME FOR THAT DAY? WHAT ABOUT VACATION PAY?
Paid sick leave does not accrue in the same way as paid vacation. Sick leave is designed by California's legislature to protect an employee's livelihood in the event they do become sick while working, whereas vacation pay is a benefit given by employers as a means of awarding or attracting employees. Employers are required to give sick leave, they are not required to give vacation benefits. However, if they do give vacation leave, once its accrued, it cannot be taken away. Once you are no longer employed, you are not entitled to accrued sick leave time in the way you are to accrued vacation time.
I am pregnant at work and my boss gave me a performance write-up just after I told him. I am still
considered under training and our handbook states that performance write-ups are only for employees
who finished training. Do I have a case?
considered under training and our handbook states that performance write-ups are only for employees
who finished training. Do I have a case?
You are clearly facing an unfair and stressful situation. You are also doing the right thing by examining how other "non-pregnant" employees are being treated. Even better, you are seeking the advice of an attorney before things get even worse than they may already be.
Unfortunately, until you have faced economic losses, your damages are relatively low in order to formally pursue a case, but it would be wise of you to start taking steps to reach the outcome you are seeking, and speaking with an attorney privately is the best way to do that.
Keep track of all relevant acts or inactions (write them down) by your employer that may suggest unfair treatment towards you as a result of your maternity/pregnancy/leave etc. You have various rights for maternity leave on top of the overall prohibition against pregnancy discrimination. You may also want to address your concerns with human resources or someone above your boss’ level. Hopefully they assist you, but even if they do not, the important thing is to document your concern in writing.
Unfortunately, until you have faced economic losses, your damages are relatively low in order to formally pursue a case, but it would be wise of you to start taking steps to reach the outcome you are seeking, and speaking with an attorney privately is the best way to do that.
Keep track of all relevant acts or inactions (write them down) by your employer that may suggest unfair treatment towards you as a result of your maternity/pregnancy/leave etc. You have various rights for maternity leave on top of the overall prohibition against pregnancy discrimination. You may also want to address your concerns with human resources or someone above your boss’ level. Hopefully they assist you, but even if they do not, the important thing is to document your concern in writing.
My boss has been bullying me and some other employees, cursing at us and even yelling. Do I have a case
for a hostile work environment?
for a hostile work environment?
While that certainly sounds hostile and a poor work environment, cursing and yelling alone is not illegal. If the words used are sexual in nature or derogatory towards a race or religion for instance, then there may be grounds for a harassment claim based on a protected status. Otherwise, it is not illegal for a boss to be a jerk. It might simply be time to seek other employment.
SERVICE AREAS
With 10+ years of experience in employment law, our law firm can aggressively advocate for your rights in Milwaukee, San Diego, and Santa Barbara. Contact us today to schedule a consultation.
Milwaukee, WI
|
|
