Answers Posted By Elisa Ungerman

This will depend on the particulars of your situation, including what type of tenancy you have, any contract you signed, whether you have been given a notice to evacuate, etc. The laws governing this are separate from employment laws.

answer to When an employee quits his job with free housing, how long does he get to say in the house for? posted Dec 27, 2011 06:51 AM [EST]

You mention FMLA but not CFRA - the California "equivalent" but ot when it comes to damages. Yes, you are allowed to sue on your own, and CFRA supplies better damages if you prevail. But to do so you must file a complaint with the DFEH within a year of the termination first, and obtain a Right to Sue letter in order to pursue court action. FMLA you have two years and dont need to file anything as a precursor to court action. You can file in either federal or state court - but if you file an FMLA claim in state court, you may be removed to federal court.

If you pursue your FMLA claim through a union grievance that results in a hearing on the merits - you may be precluded from re litigating in court - so that is something to consider. Unions will typically defer a claim if you want to file in civil court.

Also - keep in mind that a lay off or reduction in force does not automatically bar an employer from considering you or placing you in a RIF. You can still be laid off even if you are on FMLA/CFRA leave if the criteria and selection process utilized was objective and based in fact on nuetral criteria.

answer to are claims of violation of FMLA grievable to the end under union contract? posted Sep 2, 2011 2:11 PM [EST]

The sad news is that once your 12 week entitlement to CFRA-FMLA leave is exhausted, the Employer has no legal requirement to place you back in the same or a comparable position. It does have a duty to accommodate you with additional leave, if there is some finite time that you will be able to return to work, but under accommodation laws, they only have to provide you with an available position that you can do. If nothing is available, they do not have to create a position. By offering part time work, it appears that your employer is complying with the law, unless there is a full time position available that you can do.

answer to Do I have a lawsuit against my employer for lost wages and emotional damage? posted Aug 25, 2011 9:49 PM [EST]

You may have a potential claim for retaliation because you filed a workers comp claim. This is known as a "132a" claim - discuss this with your workers comp attorney if you have one. If not, can be brought as a civil claim. Also - you may have a claim for disability discrimination. Check with a competent labor and employment attorney as your claim will depend on the particular facts of the situation. Plus, to pursue any possible disability claim, you will need to file a complaint with the CA DFEH - check out www.dfeh.ca.gov for more details.

answer to Can I be layed off this way.... posted Aug 1, 2011 2:26 PM [EST]

The question is somewhat confusing. First of all, FMLA leave by definition is only for a period of 12 weeks, cumulatively, the equivalent of 60 work days. It sounds like you will be taking intermittent leave - using it up a day at a time. Once you use up the total of 12 weeks of leave - you no longer have the protections guaranteed by the Family Medical Leave Act and yes - you can be denied further "FMLA" leave.

Under the FMLA, your job is protected (unless you were to be laid off regardless of whether you took leave), and you are entitled to the Company continuing to pay its portion of health benefits. After the 12 weeks you lose the protections under the FMLA statute, but you may have protections under other statutes, if applicable, such as the Fair Employment and Housing Act. However, the protections may not be the same. It will depend on your situation, whether you qualify, whether the employer can accommodate you, whether there is a collective bargaining agreement or MOU in place, what other employees are allowed, etc. If you still have the issues after you have exhausted the 60 days - then you will need to engage in the interactive process with your employer to figure out where you go from there, but you will not have any more FMLA leave left until you requalify - ie work 1250 hours in a 12 month period, depending upon your employers rules on this.

answer to Can I be denied FMLA if I go over the amount of days stated on the form? Also do I have to resubmit posted Jul 29, 2011 9:40 PM [EST]

If you were hired and actually performed work for this company or whatever, and were not paid, I would file a claim with the California Labor Board to get paid. It is unclear if you were hired, if so at what amount and so forth, so it is unclear what your status was. It sounds like you may have been taken advantage of, which is a lessen, don't provide your work for anyone until you have confirmation of employment such as a hiring letter or contract.

answer to Feel Discriminated and now I am completely jobless do I have any rights? posted Apr 22, 2011 10:18 PM [EST]

Potentially yes. Non-compete only refers to the ability of you personally to go to another job; it does not mean that you can "steal" business away from your current employer. There are right ways and very wrong ways to leave a company under your circumstances. It is well worth the investment to seek counsel and advice of a competent business attorney who can develop the 'safe" plan for you to leave and allow your accounts to follow you on their own choice. If you don't and the accounts follow you, however that occurs, you may be in for a rough ride.

answer to Can my current employer sue my for taking business away from them? posted Mar 31, 2011 02:50 AM [EST]

Probably not on these facts, but you may want to consult with an employment law attorney to see if there is anything else. Presumably, you were an at will employee and could be terminated for any reason (unfair, wrong, unethical, etc) other than an illegal reason set forth in a statute or regulation. The fact you made a mistake is enough of a good faith business reason for the bank to terminate, unless you have "substantial evidence" that you were terminated for an illegal reason.

answer to what's the case? posted Jan 10, 2011 7:27 PM [EST]

There are not enough facts to know specifically, although you have certainly raised suspicions. Please consult with a reputable employment attorney in your area to determine what your specific rights and remedies might be given the entire context. You may find one on the California Employment Lawyers website.

answer to I have been on a medical leave for 3 months. I returned to work for 3 days. I had to extend my lea posted Jan 7, 2011 4:11 PM [EST]

Please take everything to a qualified attorney for review; without looking at the documents it is impossible to give you helpful advice as to what to do.

answer to My severance agreement does not include all the benefits previously agreed upon, do I have recourse? posted Dec 15, 2010 1:05 PM [EST]