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  1. theretoo

    Colorado Misdemeanor Child Neglect - Regaining Parental Rights and Custody

    No reunification plan in place that I am aware of; both parents have lost parental rights As far as I know, both parents attended parenting classes, etc. as required, and did an appeal to the county that denied parental rights, the appeal was denied. Is the only option at this point to file a...
  2. theretoo

    11 year old truancy issue Please Help!

    I am in a similar situation with my 14 year old son. I requested testing for Special Ed, due to his depression. He was found to eligible for Special Ed classes at school due to his depression/anxiety. He is going into High School this year, and I am hoping that the change in schools and the...
  3. theretoo

    Colorado Misdemeanor Child Neglect - Regaining Parental Rights and Custody

    I have a question regarding a situation where I know of 2 children in foster care, both under the age of 10. Parents were divorced and in the heat of moment type of situation, mom and dad had several physical altercations with each other in front of the children and the children were removed...
  4. theretoo

    Suspended after FMLA - ADA retaliation?

    http://californiaemploymentlaw.foxrothschild.com/2009/11/articles/discrimination/indefinite-leave-me-alone/
  5. theretoo

    FMLA/Disability LOA Confused? Read on

    http://californiaemploymentlaw.foxrothschild.com/2009/11/articles/discrimination/indefinite-leave-me-alone/
  6. theretoo

    Told I must improve my disabilties

    EEOC/ADA Questions My suggestion to you would be to try to find a plantiff only employment law attorney to work with. Some may be willing to take the case on a contigency fee basis. Best of luck.
  7. theretoo

    Unemployment after quitting

    That is determined by case law and the unemployment judge, not the employer. :yes:
  8. theretoo

    Job not following doctors note

    CA state disability is based on your Dr. putting you on disability leave. You have to file for CA State disability and your Dr. has to provide documentation of your disability to SDI. Your employer is like mine, they hide their head in the sand. Ask your Dr. to put you on disability leave...
  9. theretoo

    Unemployment after quitting

    Yes, you can get unemployment if you quit, depending on the reasons and your state unemployment laws, etc. (I did) Always wise to do what you can to hang onto your job if possible, however, it would be best to speak to an employment law atty in your area before making any decisions. Most will...
  10. theretoo

    Filed wc stress claim but wish I hadn't now

    Sounds very familiar...do NOT drop the WC claim at this point would be my suggestion (personal opinion, I am not at atty). File a complaint with the DFEH in CA with a complaint of disability discrimination, retaliation, etc. Do continue to contact employment law atty's (look for plantiff...
  11. theretoo

    Information Re: FEHA case - New Info Found

    Sorry to be a bit late replying, I am not on often, but I did want to check in to see if you had responded. FEHA - I was originally told that the employer would be given 30 days, but that DFEH may slide it to 60 if the employer needed more time, etc. In my case, I filed in May '09 and by...
  12. theretoo

    FMLA Retaliation

    An exempt employee (what is your FLSA status?) can have their pay docked or may choose to use vacation or sick time for the FMLA time (depending on your employer policy, but you should be allowed to use sick or vacation time. The issue I think that you have is it sounds as though your pay grade...
  13. theretoo

    Question about attendance records

    FMLA for private and public employers may vary. Speak with an attorney in your area.
  14. theretoo

    Information Re: FEHA case - New Info Found

    I believe that with FEHA, you have 1 year from the date of the last incident of discrimination, but you need to contact your FEHA case worker. Send them a copy. Since your case is already in the works, send them a copy and let them decided if it is usable evidence. Can't hurt to let them know...
  15. theretoo

    California CFRA Medical Leave and Termination

    Yes, speak to an attorney immediately. The at-will-docterine is misleading and most employers will lead you to believe that it is a one way street, that they carry no responsibility in their actions. At-Will means that either the employer or the employee can terminate employment at any time...
  16. theretoo

    What Constitutes Disability Discrimination?

    http://www.workplacefairness.org/disability?agree=yes#1 Posted as an FYI :o
  17. theretoo

    New ADAAA Employer Compliance

    ....In my case, apparently my former employer thinks that they can do whatever they want to without regard to FMLA or disability accomodation. Under the direction of the HR director, I was continually written up for using approved FMLA time as a "attendance" and denied FMLA for documented...
  18. theretoo

    New ADAAA Employer Compliance

    I just wanted to post a quick thought on this issue - I am in the midst of a lawsuit against former employer in CA for this type of an issue. Here is my perception of the problem.... Federal laws have changed and employers are required comply with the new laws, but they don't understand it...
  19. theretoo

    When to engage an attorney?

    Work productivity may be an issue with the employer, I am not an atty, so I can't offer any legal advice on the issue, however, my personal thoughts would be to pursue the needed surgery sooner rather than later and have your physician document your disability. Your FMLA and short and long term...
  20. theretoo

    Supervisor misconduct

    You do have to remember that CBG is NOT a legal professional and has no "legal" advice to give. All input is CBG's personal opinion and cannot be construed in any way, shape or form as being an educated legal opinion, but that of a "self" thought to be expert. I haven't seen any legal...
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