Answers Posted By Neil Klingshirn

Answer to How long do I have to work after returning from Maternity based FMLA/STD?

The answer would be in the short term disability plan, not an employee handbook. Request a copy of the plan from the administrator (Liberty Mutual). Ask for the Plan, and not a Summary Plan Description. You have the right to receive the Plan.

If you need help deciphering the Plan, you can call 216.382.2500 and request a consultation. We do, however, charge a $300 consultation fee.

posted Apr 18, 2016 09:24 AM [EST]

Answer to 2 months ago a group of guys at work were standing talking and we're kidding about sexual innuendos and a comment of cross dressing and seeing a pic came up. Someone said something to another employee and they turned the person in. The person it was said

While this sounds patently unfair, an employer can terminate an at-will employee for any reason. That includes termination for engaging in misconduct, even when the employee did not engage in it (i.e., the employer is mistaken) and for conduct that would not generally be seen as misconduct. For example, an employer could lawfully terminate a mechanic for getting grease on the workbench. Not many people would work for such an employer, but the employer would not be breaking the law for making those employment decisions.

When the employer's stated reason for terminating an employee makes no sense, however, the stated reason might be an excuse, or pretext, to fire the employee for some other reason. In that event, the other, real reason might be unlawful. If so, the fact that the employer gave a false, or pretextual, reason could be evidence of the unlawful reason.

Here is more information about proving discrimination and pretext. http://www.myemploymentlawyer.com/wiki/Proving-Unlawful-Employment-Discrimination.htm.

posted Apr 13, 2016 08:31 AM [EST]

Answer to Do I have a reasonable right to compensation?

I do not know if you will have a claim for retaliation. The key will be whether requesting a meeting with the owners of the company is considered "protected conduct" under the law. Unless the topic of the meeting was protected (for example, if you reported evidence that the controller was stealing government funds), merely asking to meet may not be protected.

However, an employer owes you for time worked. If you are not paid for that time, Ohio Revised Code section 4113.15 provides a remedy. Search this site for "4113.15" to learn more

posted Apr 11, 2016 1:05 PM [EST]

Answer to can an employer hold FMLA intermittent leave against someone for a perfect attendance program, even when they have received it previously?

Since January of 2009, the FMLA regulations allowed employers to deny perfect attendance bonuses to employees who were on FMLA leave without violating the FMLA, unless the employer waived absences for other reasons, like a workplace injury, for the perfect attendance award.

Your situation is a little different, in that your employer has set precedent of not treating FMLA time off as a day missed for the perfect attendance award purpose. However, that precedent does not bind the employer or prevent it from changing that practice, so long as it meets the minimum required by law.

posted Mar 4, 2016 11:42 AM [EST]

Answer to My employer never had me sign a w-2 or w-4 and paid me under the table for 4 months. I kept asking her to set things up right so neither one of us would have problems. She said she would worry about it in 2016 and get things set up correctly. Now as taxes

One difference between an independent contractor and an employee is self-employment tax, which is the contractor paying the employer's portion of the social security and medicaid taxes. The total is over 7%. It is a big, hidden tax on independent contractors.

I am not sure, but I believe that employees who are improperly classified as independent contractors can file a complaint with the IRS, which will then credit the employee's social security account for the wages earned that year, and pursue the unpaid social security tax from the employer.

Either way, though, Arthur is right about ordinary income taxes. You owe ordinary income tax on the amounts paid under the table and have an obligation to report that income and pay the tax on it.

posted Jan 27, 2016 09:05 AM [EST]

Answer to My boyfriend gets 3 SCHEDULED days a month off with FMLA protection... Can he get demoted do to,too much time off?

The FMLA requires employers to restore employees on leave to the position that they left, or to one that is substantially similar in all material respects. A demotion is not a substantially similar position.

The FMLA also prohibits employers from retaliating against employees because they use FMLA leave. Demoting your boyfriend because he took too much FMLA leave sounds retaliatory.

If the employer was going to demote the person in your boyfriend's position, no matter who he was, the employer can still demote the person in that position, even if the person is on leave.

I hope this helps.

posted Jan 25, 2016 10:50 AM [EST]

Answer to I'm a full time employee and my employer wants me to leave early during the week so I won't get my 40 hours in and then make me work on Saturday so they don't have to pay me overtime. I have a set schedule Mon-Fr from 2:30 to 11:00 pm.

Under federal overtime law the answer is yes. Employers can tell you when to work and how long to work, and can do so to avoid paying overtime.

The answer might be different under Michigan law, but I doubt it. Check with a Michigan employment lawyer to be su

posted Jan 9, 2016 08:38 AM [EST]

Answer to I live in Tennessee and my previous employer continues to deposit money that they don't owe me into my debit account. How many days do I have until that money is mine and they can't take it back?

I am not a Tennessee lawyer and I do not know Tennessee law, but I thought I would jump in and say not to touch the money. It is not your's, and it does not become your money just because the bank made a mistake in your favor. That only happens in Monopoly.

If this employer deposits money to your account and does not ask for its return after, say, two years, go to an attorney in your state and find out if the old employer's right to demand that money back will ever expire. If it does, only at the point of expiration would you be able to consider taking it.

posted Dec 16, 2015 11:40 AM [EST]

Answer to Mel How long does it take to get a response from my querstion

Hi:

Answers to questions sent to attorneys are voluntary. MEL cannot guarantee that an attorney will answer a question. If attorneys do answer your question, it is when they are able to do so.

If an attorney to whom your question was sent is interested in and able to ask your question, he or she would probably do so within a few days of when you asked it.

Best regards,

Neil Klingshirn
MEL Moderator

posted Dec 4, 2015 09:06 AM [EST]

Answer to Can an employer diagnose an employee with a disorder and then deny promotion on those means?

No. An employer cannot diagnose an employee with a disability and discriminate against the employee because of the perceived disability. Strictly unlawful.

It sounds like your friend has a case. He or she should talk to a Pennsylvania employment lawyer. However, the objective should probably be to gently educate the employer, even if a psychologist, about the Americans with Disabilities Act with the goal of getting the employer to comply.

posted Nov 12, 2015 09:03 AM [EST]