Answers Posted By Anthony Sperber
As noted by the others, you should consult with an employment attorney.
As a general matter, it is impermissible for an employer to fire an employee with a stress/medical condition without first attempting to see if the employee's condition can be accommodated. For example, perhaps a few weeks off or a modified work schedule would have helped resolve your stress.
With respect to the company's position that you abandoned your job, I would need more information to give informed advice. However, it seems like a questionable legal position because the manager's approval of the leave would probably be binding on the company because he was acting as the company's agent (or at least its "apparent agent").
Anthony Sperber, www.sperberlaw.com.
answer to Is this legal termination? posted Mar 12, 2010 1:20 PM [EST]
As a general matter, it is impermissible for an employer to fire an employee with a stress/medical condition without first attempting to see if the employee's condition can be accommodated. For example, perhaps a few weeks off or a modified work schedule would have helped resolve your stress.
With respect to the company's position that you abandoned your job, I would need more information to give informed advice. However, it seems like a questionable legal position because the manager's approval of the leave would probably be binding on the company because he was acting as the company's agent (or at least its "apparent agent").
Anthony Sperber, www.sperberlaw.com.
answer to Is this legal termination? posted Mar 12, 2010 1:20 PM [EST]
Whether this practice violates the law will depend on a variety of factors, including whether you are free to engage in personal activities during the on-call time, the length of time you are on-call, whether there are geographical restrictions on where you can go during on-call time, how quick the response time is, and the whether there is an established history in the industry of paying or not paying on-call time.
If you would like to discuss this further, please feel free to contact me by phone at (510) 845-8844 or by email at info@sperberlaw.com.
Regards,
Anthony Sperber
answer to I have been doing 24/7 On Call in a group for two a almost two and a half years posted Nov 18, 2009 6:55 PM [EST]
If you would like to discuss this further, please feel free to contact me by phone at (510) 845-8844 or by email at info@sperberlaw.com.
Regards,
Anthony Sperber
answer to I have been doing 24/7 On Call in a group for two a almost two and a half years posted Nov 18, 2009 6:55 PM [EST]
Giving/taking away offer
It's hard to asnwer your question without additional information. Feel free to call me to discuss this further:
Anthony Sperber
510-845-8844 tel.
answer to Giving/taking away offer to give to someone else posted Apr 11, 2001 04:54 AM [EST]
It's hard to asnwer your question without additional information. Feel free to call me to discuss this further:
Anthony Sperber
510-845-8844 tel.
answer to Giving/taking away offer to give to someone else posted Apr 11, 2001 04:54 AM [EST]
Whistle blower/discrimination
It depends. I have a few questions:
1. Other than being uncomfortable, has your job changed?
2. Has she or anyone else indicated that you will have problems now because of your report?
3. What did she say?
answer to Whistle blower/discrimination posted Apr 11, 2001 04:25 AM [EST]
It depends. I have a few questions:
1. Other than being uncomfortable, has your job changed?
2. Has she or anyone else indicated that you will have problems now because of your report?
3. What did she say?
answer to Whistle blower/discrimination posted Apr 11, 2001 04:25 AM [EST]
Wrongful Termination
You would not have a case unless they broke the law in firing you, e.g. discrimination, etc.
If the employment is "at will," that means that you or the company can terminate the employment at any time for any reason or for no reason.
The fact that you may have been performing satisfactorily does not matter unless they fired you for an unlawful reason (discrimination, etc.).
answer to Wrongful Termination posted Apr 11, 2001 04:22 AM [EST]
You would not have a case unless they broke the law in firing you, e.g. discrimination, etc.
If the employment is "at will," that means that you or the company can terminate the employment at any time for any reason or for no reason.
The fact that you may have been performing satisfactorily does not matter unless they fired you for an unlawful reason (discrimination, etc.).
answer to Wrongful Termination posted Apr 11, 2001 04:22 AM [EST]
Small company harassment
The behavior by your boss, as you describe it, probably constitutes sex discrimination and sexual harassment, in violation of state and federal law.
There are a variety of approaches that you and other employees could take--some involving money and some not. You have a lot of discretion in how to pursue this, which I can explain later, if you wish.
If you would like to discuss this further, feel free to contact me directly:
Anthony Sperber
anthony@sperberlaw.com
answer to Company owner sexually harasses and discriminates posted Apr 2, 2001 8:26 PM [EST]
The behavior by your boss, as you describe it, probably constitutes sex discrimination and sexual harassment, in violation of state and federal law.
There are a variety of approaches that you and other employees could take--some involving money and some not. You have a lot of discretion in how to pursue this, which I can explain later, if you wish.
If you would like to discuss this further, feel free to contact me directly:
Anthony Sperber
anthony@sperberlaw.com
answer to Company owner sexually harasses and discriminates posted Apr 2, 2001 8:26 PM [EST]
Slurs
I concur with Kerry Gough, but I would have to know more before answering in greater detail.
Feel free to e-mail me directly: anthony@sperberlaw.com.
answer to What can I do about racial harassment? posted Mar 31, 2001 03:39 AM [EST]
I concur with Kerry Gough, but I would have to know more before answering in greater detail.
Feel free to e-mail me directly: anthony@sperberlaw.com.
answer to What can I do about racial harassment? posted Mar 31, 2001 03:39 AM [EST]
How was it "hostile"?
I would have to know more before answering. Feel free to e-mail me directly: anthony@sperberlaw.com
answer to Forced to leave because of a hostile environment - do I have cause for a suit? posted Mar 31, 2001 03:35 AM [EST]
I would have to know more before answering. Feel free to e-mail me directly: anthony@sperberlaw.com
answer to Forced to leave because of a hostile environment - do I have cause for a suit? posted Mar 31, 2001 03:35 AM [EST]
Fired over workers
If you were fired for filing the workers' comp claim, your employer is liablee. To the extent you were not paid all earnings due to you, there is another source of a liability.
I suggest you contact a CA employment lawyer immediately.
Good luck.
answer to Fired for filing a workers compensation claim posted Mar 31, 2001 03:28 AM [EST]
If you were fired for filing the workers' comp claim, your employer is liablee. To the extent you were not paid all earnings due to you, there is another source of a liability.
I suggest you contact a CA employment lawyer immediately.
Good luck.
answer to Fired for filing a workers compensation claim posted Mar 31, 2001 03:28 AM [EST]
Lay off during pregnancy
They cannot lay you off BECAUSE you are taking maternity leave, as that would be discriminatory and violate state and federal law.
However, being on maternity leave does not insulate you from the same risks as other employees. The question is: if you are laid off, WHY were YOU chosen? Because you were on leave?
answer to Lay-offs and pregnancy posted Mar 31, 2001 03:20 AM [EST]
They cannot lay you off BECAUSE you are taking maternity leave, as that would be discriminatory and violate state and federal law.
However, being on maternity leave does not insulate you from the same risks as other employees. The question is: if you are laid off, WHY were YOU chosen? Because you were on leave?
answer to Lay-offs and pregnancy posted Mar 31, 2001 03:20 AM [EST]
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