Answers Posted By Kirk Brauer

Answer to My employer recently asked coworkers to report potential FMLA abuse. Can this be considered work place retaliation and potentially create a hostile workplace for those with legit FMLA status.

This appears to be written to intimidate and shame those who take FMLA leave. It is a revolting and disturbing message. By itself, though, it is probably not unlawful unless an employee who was entitled to FMLA leave chooses not to use it because of the intimidation. That would be difficult to prove.

By itself, the memo probably does not create a hostile environment, which requires conduct that is either severe or pervasive.

However, if an employee loses his or her job or is the target of other adverse action, this message is solid evidence of this employer's animosity towards FMLA leave. In other words, this is potential evidence for proving that an adverse action was in retaliation for taking the FMLA leave.

posted Jul 3, 2020 08:58 AM [EST]

Answer to I was laid off for a mass layoff/buyout due to covid 19 and entered the 2000180 code into the Ohio Job and Family Services Claim. My employer recently paid me for my unused vacation time for three weeks and will also give me a lump sum severance based off

Unless the agreement with your employer providing you severance restricts you from engaging in other employment or side gigs, yes, you are free to find new and additional work and compensation while receiving severance.

posted May 19, 2020 2:15 PM [EST]