Adam Kielich
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Answers Posted By Adam Kielich
Answer to Wrongful Termination
Generally an employee not covered by an employment contract can be terminated for almost any reason. Federal and Colorado law prohibit employers from terminating employees on the basis of certain traits. Federal law also allows an employer to favor veterans and servicemembers in employment. If the totality of the employer's decision was to employ his brother or a veteran then you are likely out of luck on a wrongful termination claim beyond unemployment benefits.See more on Colorado and federal anti-employment discrimination laws at https://denverlaborlaw.com/colorado-employment-law/colorado-revised-statutes-crs-24-34-401/
posted Jan 9, 2018 12:36 PM [EST]
Generally employers are free to establish voluntary paid leave policies as they see fit. Whether an employer can deduct time from your paid leave bank depends in part upon how the employee accrues paid leave and when that benefit is considered earned by the employee. The policy would have to comply with any agreement that covers your employment, such as a collective bargaining agreement.
The more direct answer to your question is whether this is a place you want to continue working. It's definitely a harsh policy. Is the employer being heavy handed about dealing with a real tardiness problem, or is it just looking for a cheap excuse to reduce paid leave?
posted Jan 9, 2018 12:32 PM [EST]
The more direct answer to your question is whether this is a place you want to continue working. It's definitely a harsh policy. Is the employer being heavy handed about dealing with a real tardiness problem, or is it just looking for a cheap excuse to reduce paid leave?
posted Jan 9, 2018 12:32 PM [EST]
Answer to Can you have more than one FMLA if one is for a family member an then one is for self or combined?
Your FMLA-protected twelve weeks of leave apply to any and all covered reasons for FMLA protection within the twelve month period of eligibility. To explain it another way, you do not have twelve weeks of FMLA leave for each protected reason.If you take FMLA leave for multiple reasons your employer certainly can request certification for each reason. It does not have to but under FMLA regulations it can request that you complete certification for each reason.
Take a look at these links for more info:
https://www.dol.gov/whd/regs/compliance/whdfs28g.pdf
https://www.kielichlawfirm.com/employment-law/fmla-lawyers/
https://denverlaborlaw.com/employment-lawyers/family-medical-leave-act-fmla-colorado/
posted Dec 31, 2017 11:26 AM [EST]
Answer to FMLA
FMLA applies regardless of the employee requesting leave or taking leave with a reference to FMLA. If you request paid leave under a paid sick leave or vacation pay policy the leave may still be covered by FMLA protections. In this case, the employer should acknowledge the FMLA protections even if you do not mention FMLA or even insist the employer not count it against your FMLA leave.posted Dec 31, 2017 11:19 AM [EST]
FMLA protections for leave apply whether an employee specifically requests FMLA or uses "magic language" of FMLA to invoke its protections. Employers generally should consider whether any medical leave invokes FMLA protections.
posted Dec 31, 2017 11:16 AM [EST]
posted Dec 31, 2017 11:16 AM [EST]
Answer to Can I take FMLA to take care of my newborn child?
The employer is incorrect. FMLA leave may be taken for bonding with a newborn child regardless of any medical condition of the mother or the child. Take a look at this link which discusses FMLA eligibility. It focuses on Colorado law but FMLA is a federal law and the same rules apply in your state. https://denverlaborlaw.com/employment-lawyers/family-medical-leave-act-fmla-colorado/posted Dec 31, 2017 11:15 AM [EST]
Answer to Am I being treated fairly on FMLA
Employers are permitted to adopt one of several 12 month eligibility calculations. It sounds like your employer adopted a rolling formula, which is not beneficial to the employee. Take a look at these links for more information about these calculations.https://www.dol.gov/whd/regs/compliance/whdfs28h.pdf
https://www.kielichlawfirm.com/fmla-twelve-month-period-eligibility/
posted Dec 31, 2017 11:12 AM [EST]
Answer to Can an employer adjust your date of employment after taking FMLA?
FMLA is always unpaid leave. Employers are allowed to expend your paid time off during FMLA leave. An employer does not have to exhaust paid time off but most do. Take a look at these links to learn more about your FMLA rights:https://denverlaborlaw.com/employment-lawyers/family-medical-leave-act-fmla-colorado/
https://www.dol.gov/whd/fmla/fmla-faqs.htm
https://www.dol.gov/sites/default/files/PaidLeaveFinalRuleComparison.pdf
posted Dec 31, 2017 11:08 AM [EST]
Answer to I was not paid overtime for one and half years, how do i collect back overtime?
Contact an employment attorney to pursue a claim of unpaid overtime pay. You are entitled to recover attorney's fees as part of your claim so there is little reason to try to figure this one out yourself.Learn more about overtime pay at https://www.kielichlawfirm.com/employment-law/unpaid-wages-overtime-lawyers/
posted Dec 23, 2017 6:26 PM [EST]
Federal law does not require an employer to work an employee more than forty hours and can freely act to stop employees from working beyond forty hours.
posted Dec 23, 2017 6:25 PM [EST]
posted Dec 23, 2017 6:25 PM [EST]