Answers Posted By J. Bryan Wood

Answer to I was laid off over 2 months ago and received servance pay. The company is offering me a position now. Will I have to return all the servance pay?

The answer to whether you have to pay back the money should be spelled out in the severance agreement you signed to get it in the first place. Some agreements require it; others don't. If the agreement does require you to repay it, you may be able to negotiate around it as part of the offer to bring you back. If the amount of severance at stake makes it worth it, you should consult a good employment lawyer to help you navigate this situation.

posted Jul 3, 2018 3:04 PM [EST]

Answer to Can a employer call you into work even tho I'm on FMLA. She the manager told me I would have to work cause they don't pay her enough to work two shifts. I just had knee surgery

If you were injured at work, you should consider contacting a workers' compensation attorney. You may be entitled to benefits for your injury. From your description, it sounds as though your employer may have violated your FMLA rights by requiring you to work during an approved leave (presumably under penalty of discipline or termination). But it's hard to tell from your description. You should contact an experienced employment lawyer who may be able to help give a more informed opinion about your situation.

posted Apr 12, 2017 8:15 PM [EST]

Answer to I have been on FMLA since 11/15/16. My job has no short term so my Vacation and sick days ran out a long time ago. I have no money coming in. Is their anything I can do.

You should consider inquiring whether your employer has a short-term disability policy that may offer you partial compensation during your leave. You should also consider inquiring whether your employer may be able accommodate you working on a part-time basis or reduced work schedule (perhaps in a non-driving capacity) until your dizzy spells subside and you can return to work. An experienced employment lawyer can help you determine whether these or other options make sense for you given the specifics of your situation.

posted Apr 12, 2017 8:10 PM [EST]

Answer to I was sick and took FMLA leave. After I came back I was fired. I am now disabled and lost my disability coverage when fired. They did not give me the option to extend coverage on my own. Do I have a case? In Illinois.

Potentially - you should contact an experienced employment lawyer who can help you determine whether your firing may have been unlawful and whether you were not properly informed about benefits to which you were entitled to receive or learn about.

posted Apr 12, 2017 8:05 PM [EST]

Answer to Is the a set amount of time with a company before you can file for Un-employment

Yes - you must have earned a minimum amount of wages in two quarters in order to be eligible or unemployment benefits. You can find more information here:
http://www.ides.illinois.gov/Pages/BenefitRightsInformation.aspx#claimant

posted Apr 12, 2017 8:03 PM [EST]

Answer to If my employer went bankrupt and a completely new company buys it out, will my contract carry over?

The answer depends on many factors, including: (a) whether your contract with the bankrupt company contains an assignment clause; (b) whether the successor entity acquired your contract as part of its acquisition of the bankrupt entity; (c) whether there is a "change in ownership" clause in your contract that permits you to leave or changes the notice period. I strongly encourage you to contact an experienced employment lawyer to analyze your contact. There are many, but great ones include Anne Choate and Carrie Herschman of Choate Herschman or Megan O'Malley and John Madden of O'Malley & Madden.

posted Jan 24, 2017 08:37 AM [EST]

Answer to I was recently given severance pay for 12 weeks. The agreement stated if I get a job I must notify them. I will be doing substitute teaching. Is this considered a job?

Glad to hear you've found a new opportunity. Unfortunately, the answer to your legal question depends on the terms and provisions of your severance agreement, so I would be unable to answer it without reviewing the terms of the agreement. Frequently the obligation to "notify" the former employer paying severance can affect your eligibility for severance payments or other benefits (i.e., you're notifying them so they know they can stop paying). Other times it relates only to non-compete agreements (i.e., you're notifying them so they know whether you went to work for a competitor). Either way, whether you're obligated to notify them depends on the specific terms or your agreement. Many employment lawyers will review your agreement and give you an answer for a fixed fee - the fee varies by lawyer and complexity of agreement. Sorry I can't be of more help without seeing the document.

posted Aug 24, 2015 6:47 PM [EST]

Answer to I'm off work on medical leave pending placement. The company just announced it will be shutting down the plant permanently in November 2015. If the company pays out severance can they exclude me while I'm off on medical leave? UAW is saying nothing at thi

What a tough situation for all of your coworkers - but especially you. Your situation presents some interesting facts. You should probably consult with an employment attorney. Questions to discuss include whether your boss unlawfully put you back out on medical again lawfully (perhaps his motivation was to avoid paying you the severance) and, as you note, whether you'll be eligible to receive severance upon termination (likely a topic of bargaining if you are in a Union - so it may be too early to tell).

posted Aug 14, 2015 7:45 PM [EST]

Answer to Possible Class Action.

Here in Chicago, the EEOC has actively litigated several cases regarding policies requiring employees to be 100% healed before returning to work. That is an ADA issue (as Neil correctly points out) and the legality of the policy is something that could be challenged on a class-wide basis. You may also have rights under the FMLA to be treated the same as other employees on non-medical leaves (assuming you qualify for and are taking FMLA leave). Frequently short-term disability insurance policies and/or wage and hour policies require bar employees on leave from accessing company networks, for fear of violating the terms of the outside insurance carrier's policy or concern over having to pay you for time when you should be on leave. You should definitely consult with an experienced employment lawyer about your situation - and you can find many on this site and others (e.g., www.nela-illinois.org).

posted Aug 3, 2015 08:12 AM [EST]