Answers Posted By Aaron Maduff

Answer to How long is my job protected?

How long is my job protected?

Unfortunately, the FMLA provides you only 12 weeks with a guarantee of your job. But you may be able to obtain an extension of your leave with the right to return to work under the Americans with Disabilities Act depending on a number of factors. I suggest that you contact an employment attorney and schedule a consultation as those factors are too numerous to address here.

posted Oct 22, 2008 5:49 PM [EST]

Answer to Employers 3 day or prior notice FMLA Policy. Is it legal?

Employers 3 day or prior notice FMLA Policy. Is it legal?

The short answers are: 1) probably, 1) probably, and 3) yes.

FMLA: Generally, he FMLA does not require that you specifically request medical leave, but rather that the employer know that you are seeking what is otherwise covered leave. You will have to follow it with a medical certification. Your employer does not get to determine what is or is not FMLA covered leave. It either is or it isn't. The definition of a serious medical condition (in the branch that you are describing) comes down to being off for three or more days (not necessarily consecutive) and seeing the doctor for that condition more than once. It sounds like you meet these requirements. Thus, if you meet the remaining requirements of the FMLA (employer has more than 50 employees, you have been there one year or more and have 1250 hours of service in the last year.)

Worker's Compensation: In Illinois, typically, Worker's Compensation covers any kind of work related injury. It can be more difficult to prove that this is an injury that is work related, but we do work with Worker's Compensation attorneys who have succeeded in such circumstances.

Harassment: Handicap harassment is a viable cause of action in Illinois since Baker v. Village of Niles. Our argument in that case was that racial harassment and sexual harassment were already recognized as coming under the anti-discrimnation statute and the concepts are the same for the handicap portion of the statute. But we would have to review this more closely to determine what is the best way to go.

In short, you need to speak to an employment lawyer. Please feel free to call us or any of the other fine lawyers on MEL.
Aaron Maduff

posted Aug 13, 2007 3:33 PM [EST]

Answer to Employers 3 day or prior notice FMLA Policy. Is it legal?

Employers 3 day or prior notice FMLA Policy. Is it legal?

The short answers are: 1) probably, 1) probably, and 3) yes.

FMLA: Generally, he FMLA does not require that you specifically request medical leave, but rather that the employer know that you are seeking what is otherwise covered leave. You will have to follow it with a medical certification. Your employer does not get to determine what is or is not FMLA covered leave. It either is or it isn't. The definition of a serious medical condition (in the branch that you are describing) comes down to being off for three or more days (not necessarily consecutive) and seeing the doctor for that condition more than once. It sounds like you meet these requirements. Thus, if you meet the remaining requirements of the FMLA (employer has more than 50 employees, you have been there one year or more and have 1250 hours of service in the last year.)

Worker's Compensation: In Illinois, typically, Worker's Compensation covers any kind of work related injury. It can be more difficult to prove that this is an injury that is work related, but we do work with Worker's Compensation attorneys who have succeeded in such circumstances.

Harassment: Handicap harassment is a viable cause of action in Illinois since Baker v. Village of Niles. Our argument in that case was that racial harassment and sexual harassment were already recognized as coming under the anti-discrimnation statute and the concepts are the same for the handicap portion of the statute. But we would have to review this more closely to determine what is the best way to go.

In short, you need to speak to an employment lawyer. Please feel free to call us or any of the other fine lawyers on MEL.
Aaron Maduff

posted Aug 13, 2007 3:33 PM [EST]

Answer to Employers 3 day or prior notice FMLA Policy. Is it legal?

Employers 3 day or prior notice FMLA Policy. Is it legal?

The short answers are: 1) probably, 1) probably, and 3) yes.

FMLA: Generally, he FMLA does not require that you specifically request medical leave, but rather that the employer know that you are seeking what is otherwise covered leave. You will have to follow it with a medical certification. Your employer does not get to determine what is or is not FMLA covered leave. It either is or it isn't. The definition of a serious medical condition (in the branch that you are describing) comes down to being off for three or more days (not necessarily consecutive) and seeing the doctor for that condition more than once. It sounds like you meet these requirements. Thus, if you meet the remaining requirements of the FMLA (employer has more than 50 employees, you have been there one year or more and have 1250 hours of service in the last year.)

Worker's Compensation: In Illinois, typically, Worker's Compensation covers any kind of work related injury. It can be more difficult to prove that this is an injury that is work related, but we do work with Worker's Compensation attorneys who have succeeded in such circumstances.

Harassment: Handicap harassment is a viable cause of action in Illinois since Baker v. Village of Niles. Our argument in that case was that racial harassment and sexual harassment were already recognized as coming under the anti-discrimnation statute and the concepts are the same for the handicap portion of the statute. But we would have to review this more closely to determine what is the best way to go.

In short, you need to speak to an employment lawyer. Please feel free to call us or any of the other fine lawyers on MEL.
Aaron Maduff

posted Aug 13, 2007 3:32 PM [EST]

Answer to Defamation / harrassment Case potential?

Defamation / harrassment Case potential?

The real question is what are your damages. If the company takes action against you on the basis that it thinks you are gay, you may have a cause of action against it under the seuxal orientation provisions of the Illinios Human Rights Act. If you can show other damages as a result of his false assertion regarding your sexual orientation, you may have a basis for a defamation claim, but the latter will be expensive to pursue.

posted Jul 2, 2007 09:30 AM [EST]

Answer to wrongful termination

wrongful termination

Karin,
The short answer is that you may have a basis to grieve your termination through your union if there is a collective bargaining agreement in place. You describe a progressive discipline policy which may or may not be part of such an agreement. If it is not, things do not look so good. Employment in Illinois is "at will." This means that yoru employment only continues so long as it is your will and the company's. You can quit at any time for any reason or no reason at all and the company can terminate you for any reason or no reason at all unless an exception applies. There are numerous exceptions, usually relating to the motivation for termination -- that is, if you can prove that the reason you were terminated was because of your gender, your race, or some other protected classification, or if it was in retaliation for making a complaint of a violation of law (e.g. failure to pay time and a half for overtime, discrimination, workman's conpensation.)
Aaron Maduff

posted Jun 10, 2007 2:39 PM [EST]

Answer to Can i take fmla a day at a time when needed? employer says no week at a time only.

Can i take fmla a day at a time when needed? employer says no week at a time only.

I received your posting on My Employment Lawyer. As I understand the situation, your employer has told you that you must provide 30 days notice of leave and that you cannot take it intermittantly to care for your child. Assuming the company is covered by FMLA (has 50 employes within 75 miles of your worksite) and that you are a covered employee (you have worked there for a year and have 1250 or more hours in the last 12 months), you are entitled to intermittant leave (broken down even to hours not days) and you are only required to give notice as soon as praticable WHICH IS OFTEN AFTER THE LEAVE IS TAKEN. I don't know from what you have written what your injuries are at this point, but it sounds like you have a very strong claim. It may be that all you need an attorney to do is to get your employer to understand it. In any case, please do call us or one of the other fine attorneys here at MEL. We can make a difference.
Aaron Maduff



posted May 17, 2007 09:06 AM [EST]

Answer to Hostile work environment

Hostile Work Environment

From the information provided, something looks wrong. There may well be a legal violation, but as employment lawyers, we need to know why these things are happening. Who is behind it and why. Before the question can be answered, we would need a great deal more information. You should call us or one of the other fine lawyers listed here at MEL.
Aaron Maduff

posted Mar 29, 2007 09:47 AM [EST]

Answer to Can the employer terminate my employment while I am on family leave?

Can the employer terminate my employment while I am on family leave?

The short answer is probably not. If you qualify for FMLA leave then the employer has to preserve your position as it was for the appropriate leave period. You raise two issues. It is a violation of the FMLA if the employer fails to bring you back to your job when you return from FMLA leave (unless there is a bona fide reason that the job no longer exists, such as a company going our of business). It is also a violation of the anti-retailation provisions of the FMLA for the employer to terminate you after you return from leave in retaliation for your having taken the leave. More information would be needed to fully answer your question, but it sound like you have an FMLA claim. You should contact our offices or one of the other fine attorneys here at MEL.
Aaron Maduff

posted Feb 5, 2007 10:06 AM [EST]

Answer to Employer deducted

Employer deducted "salaried" employees pay w/o notification.

The short answer is that salary is owed pursuant to the Illinois Wage Payment and Collection Act. Failure to pay the salary may also implicate overtime provisions of the Fair Labor Standards Act. You should contact an attorney immediately. Please call us or one of the other fine lawyers here at MEL.
Aaron Maduff

posted Jan 15, 2007 2:50 PM [EST]

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