George Allen
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Answers Posted By George Allen
Yes, you can still sue the company for this behavior, even though he no longer works there.
posted May 19, 2015 4:50 PM [EST]
posted May 19, 2015 4:50 PM [EST]
Answer to can i be demoted and my work schedule changed after returning to work after fmla maternity leave
Ms. Spencer provided you with lots of good information. You can think about your question this way: "can I be demoted and my work schedule changed BECAUSE I took maternity leave?" The answer to that question is no, they can't. Some of the history you mention suggests that they may have taken these actions because of your maternity leave, and some of the history suggests otherwise. I'd suggest you review the situation with an experienced employment lawyer. Try the "Find a CELA member" tool at www.cela.org. Good luck to you.posted Sep 10, 2014 11:03 AM [EST]
Answer to Returning to work from WC Disability, was told my position was filled.
You'll have to sit down and sort this out with an attorney who is well versed in FEHA/ADA. An extended LOA can be an accommodation for a disability, but it becomes difficult when the absence from work is so long.Good luck
posted Mar 21, 2013 08:51 AM [EST]
Answer to Wrongful discharge & rejection of litgitimate employment application.
Since you have been to an arbitration on the issue of your termination, you should get a decision before you proceed in Court. Your Union should be politely asking the arbitrator for the decision. In a civil service system sometimes the arbitrator's decision is the final say at the administrative level, and sometimes the arbitrator's decision is advisory and can be either accepted, rejected, or modified by the employer.posted Jan 17, 2013 5:09 PM [EST]
Answer to What can I successfully do from a legal standpoint? My Public Sector Job
Retaliation is only illegal when it is a response to a protected activity. For example, if you complain about discrimination and suffer retaliation, that may be illegal. If you complain about stupid office procedures and suffer retaliation, that is probably not illegal. However, most public employees are civil service. If you are civil service, your employer has to have good cause to take disciplinary action against you. Since you didn't mention any disciplinary action, I assume that they have not taken formal discipline, and agree with Mr. Itkin that a good practical solution is to transfer out.posted Jan 3, 2013 1:03 PM [EST]
Answer to How do I find a lawyer to represent me after representing myself at a Personnel Board prehearing.
The California Employment Lawyers Assoc. is an organization for attorneys who represent employees. The membership list is available at www.cela.org. You can search by various fields, including practice areas. Go there, and search for attorneys who represent government employees. Figure out where your SPB hearing will be held, and look for an attorney in that area.Good luck.
posted Aug 17, 2012 10:05 AM [EST]
Answer to Laid off soon after relocating to California
In a situation like yours, there's a possible violation of law if the company knew about the future downturn and failed to tell you, or negligently made unfounded representations about future job security. As always, the details matter. You should chat with an experienced employment attorney. Good luck.posted Jun 15, 2012 09:11 AM [EST]
Answer to CAN I BE FIRED FOR MISSING WORK DUE TO MY ASTHMA
Yes, your asthma is almost certainly a disability. You have protections under the law. I suggest you speak with an employment law attorney.posted Jun 1, 2012 5:27 PM [EST]
Answer to Attorney fees
There's no way to know without knowing the details of your case. A civil service appeal could range from a 1/2 day hearing on a simple issue, to a multi-day hearing involving numerous factual and legal issues, with extensive preparation time.posted Feb 29, 2012 12:57 PM [EST]
Answer to Notice pf Proposed Termination
The County does not control whether or not you get unemployment benefits. I suggest that you consult with an employment lawyer before deciding what to do.posted Feb 24, 2012 09:18 AM [EST]