Answers Posted By Reagan Weaver

First, do you feel like you are able to do your job? Or, are you needing to still be out? If it is a close call, I would tell your doctor about your circumstances and see what he thinks about whether you could be allowed to return earlier. If you have exhausted your leave and you are being treated the same as other similarly situated employees who have had to be out, then you may not have any protection. If you are being treated differently, then you might have grounds that should be examined more carefully. As for drawing unemployment, once you are able to work and you meet the standards of being available, then you probably will be ok. Your employer might be willing to work with you on this question, as there might be a way you could arrange things so that they would not be charged. A lawyer who practices frequently in this arena can help you with this.

answer to my doctor has not released me to return back to work posted Nov 14, 2011 09:59 AM [EST]

You have a delicate position. If your supervisor is not treating you differently from someone else because of your race, sex, national origin, etc. with respect to your decision to apply, then she might get away with retaliating against you. Sounds like she valued your contribution. There's more to the story than you have explained, I'm sure, but I would suggest that you consider going to the supervisor and talk about how you could help when and if there is a transition--that you are trying to get ahead but you don't want to be interfering with the agency's mission. Sounds like you just need to think carefully about how you approach her and show that you want to help yourself but with as little dislocation to her effort as possible. If you would like a referral to a Chapel Hill employment lawyer, let me know.

answer to Can my supervisor retaliate against me for applying for another job within the company? posted Sep 23, 2011 10:35 AM [EST]

I don't know the answer at the moment, but I can tell you that the US Dept of Labor enforces the FMLA law, so you can get good assistance by calling them. From past experience it is sometimes better to try them between 8:30 and 9:00 am.

answer to What are the guidelines or laws concerning working a 2nd part time job, while having FMLA ? posted Sep 15, 2011 11:26 AM [EST]

You should not assume that your coworker is right if you have not heard anything yourself. You are correct to ask the union to look into it, or you can call your supervisor yourself. The union contract with the company probably spells out your rights. Federal law may also speak to your rights if you have not been out more than 12 weeks.

answer to Can my employer fire me if I am out on medical leave posted Jul 24, 2011 10:28 PM [EST]

It is probably legal for them to do this. If you had an actual contract that gave you the right to leave in this manner then you might be able to ask them to honor the contract, but you aren't suffering enough harm to make this into a legal dispute. I would recommend that you just accept it and move on. Generally speaking, it's usually smart not to burn bridges.

answer to Holiday Pay During Two week notice? posted Jun 23, 2011 10:41 AM [EST]

You don't say what the boss' claim was. Obviously, you are working so it is not immediately clear how you could be perpetrating a fraud, unless you are receiving unemployment while you are working? If you are correct, that you are not violating the unemployment laws, then your boss may have been slandering you. It would depend on what was said and whether your boss had a right to be telling your coworker what was said. Defamation in the employment context can be a little more complicated to analyze. The fact that you were fired immediately upon your confrontation with the boss suggests that the boss was angry. Was it because the boss didn't like the manner of your confrontation or was it because of the fact that you caught him/her in a lie, or was it both?

Whether you have a basis for a wrongful discharge against public policy is a question that could bear more study. You don't give enough facts to determine whether the employer's right to fire for any or no reason can be overridden.

answer to my employer told another employee that i was committing fraud to unemployment insurance posted Jun 19, 2011 4:32 PM [EST]

I am not aware of any North Carolina law that defines what "tardy" means. This is the kind of thing that each employer defines. The only thing that might impact this question would be the employer's need to make sure that they treat all employees the same when their tardy rule is broken. They cannot treat people differently because of race, color, creed, national origin, age, sex or disability.

If there is a union involved, there may be a definition that applies. In that case, you should check with your union steward to learn what the contract between the union and the employer says.

In my opinion, employers have a right to expect employees to be on the job at the time requested. Workers who come in late can cause disruption, not just by their coming in after everyone else has gotten started, but they set a precedent for others. If one person is allowed to be late, then other workers will think that they can be late. On the other hand, someone with truly extraordinary circumstances, or who is almost never tardy otherwise should usually be given some slack. But the bottom line is that the employer can set the rules on something like this and if the employee does not wish to follow the directions then s/he can work somewhere else.

answer to What qualifies as tardy in NC, and what disciplinary action is allowable? posted May 11, 2011 10:26 AM [EST]

North Carolina law requires an employer to pay vacation per whatever their policy is. If I understand your question correctly, you want to know whether we can force them to honor the terms of the vacation policy that was in effect 8 months ago, instead of a change they implemented four months ago. I am not aware of what the case law says about a vacation policy that changed after hiring, but I think you have an argument to mnake that the contract you made with the hospital when you were hired, is the contract that applies--not a unilateral change that you did not agree to.

Probably the best place for you to check would be the NC Dept of Labor which enforces the law that would apply. Our tax dollars pay for their service. If they can help you, that would be a more economical way to handle this.

answer to Can they not pay me my PTO posted Mar 7, 2011 11:39 AM [EST]

I am not aware of any law that actually prohibits asking about arrest records; however, it was and is a bad practice because making decisions on the basis of arrest records would have a disparate impact on any group of applicants that tends to be arrested without probable cause.

If you belong to a minority group that has this kind of a problem, then you might consider filing a charge with the EEOC. Alternatively, or in addition, if you have but this one charge on your record, you might be able to have it expunged. It is my understanding that you would, after expungement, have the legal right to say that you had not ever been arrested. That sounds like the best to me.

answer to Is it legal/illegal to not hire based on 'involvement in a loss prevention investigation'? posted Aug 1, 2010 12:26 PM [EST]

Sounds like you handled this responsibly; however, you don't say whether you had a record of other absences such that your supervisor's supervisor thought you had been missing too much time. If you had not missed any time recently, then it seems curious that such a requirement would be imposed. The employer does have a right to expect its employees to report to work unless there are prohibitions on discrimination based on disability that might protect the employee.

Your boss' boss may feel that your immediate boss is being too easy on you/your coworkers. He may be trying to make a point out of this.

Obviously, it is expensive to require a doctor's note for a one day absence. I would recommend that you have a face-to-face meeting with one or both individuals and talk this out.

answer to do I need a sick day for a 1 day absences posted Jul 27, 2010 9:25 PM [EST]