Search results

Talk to an attorney

If the employer changes the scheduled work hours for the employee to accomodate their disability then the employee is not late, are they? http://www.jan.wvu.edu/media/Psychiatric.html

Quick comment....wow....if you have spent enough time and money on hiring a private detective to follow this guy around, you might as well just have resolved the WC case with him for what it costs you to stalk this employee?

CBG, each state may ahve their own disability laws, as CA does. In that case, yes, the EEOC/ADAAA are involved (as they were initially in my case), however, now that we are in litigation, we sue in state court under CA state laws. That being said, in my case, and in any case tried in CA state...

This statement alone shows the lack of comprehension in regards to these types of disabilities. Your statement shows that you think that the employee has a "choice" in the matter in regards to "coming in whenever they want", or that they have some sort of control over their disability, or YOU...

I am not saying either of the above, either... Was there a discussion with the employer (interactive process) as to what may be suitable? Say that with an employee's schedule of starting work at 7:00 am, and the enployee's physician has documented the illness as a disability and has requested...

http://www.docstoc.com/docs/9801922/386-Jury-Instructions CBG, the issue is does the employer "UNDERSTAND" what a disability is or what it is like to have one? Google EEOC and Depression and you will find many ways to accomodate sleep disorders, depression, etc. including modifying company...

To OP of this thread, I am there with you. I have chronic depression and I am very difficult to wake up and I suffer insomnia. Is it a disability for me, yes. Does ADA recognize sleep issues as disabilities? Yes. File a complaint with your local office of EEOC and find a local Employment Law...

I am in Northern CA and I found this attorney site that lists the differences, for example, in federal ADAAA law and various state laws. I thought that it might be useful for other posters. :nuts

http://management.about.com/b/2008/04/21/top-10-new-manager-mistakes-5.htm Abusive and downright unacceptable management has become the norm. Mine was so bad, I left the company. I found it interesting that in my job stress classes that I attended, that it is a given that the best employees...

I don't know if we ever established if the reason that the OP was in FMLA is also a disability? http://www.undercoverlawyer.com/archives/16

And that is why there is litigation.....CBG, you have a very bad attitude. It is scary that you pass yourself off as an expert, I hear retirement calling.... http://www.hrmorning.com/how-one-employers-attendance-policy-violated-fmla/

http://www.businessknowhow.com/manage/fmla_changes-2008.htm http://www.businessmanagementdaily.com/articles/17389/1/Attendance-policies-Control-absenteeism-without-breaking-the-law/Page1.html# The new FMLA states that in regards to "perfect attendance" awards, yes, however, when it...

An employer cannot take any negative employment action against an employee due to their use of FMLA. Changing an employee's schedule from what was his/her previous schedule only due to the fact that they used FMLA on their regularly scheduled weekend is a change in terms and conditions of their...

The OP's question is whether they can be "forced" to make up time taken as FMLA, the simple answer is "NO". The employee was not able to work their regularly scheduled weekend due to FMLA so instead of waiting for the employee's next regularly scheduled weekend shift, the employer changed the...

What makes me an "expert" at this point over those who have been doing this so long for a living is that I currently have lawsuit in place against my former employer for FMLA and disability violations. The suit includes my former HR director, who also wants to be a consultant, however has not...

Disagreed....talk to an employment law atty. Most will give a free consultation. I find that most HR folks DO NOT know how to correctly administer FMLA. Requiring a worker who uses FMLA to make up time could fall into disability discrimination for lack of accomodation for a disability. An...

Not if the time is required as "make up" for use of FMLA time.

No, an employer cannot deny, interfere with or otherwise retaliate against you for using your FMLA rights. Talk to an employment law atty in your area.

A recent case in California in regards to a similar situation and the employee prevailed. If you fire the employee, you risk disability discrimination, although, Canada law may vary considerably from US or state laws. CA case was a medical worker who worked for 2 different hospitals and was...