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Joyce Collier

Joyce Collier’s Answers

5 total

  • Emergency surgery leads to not being called back to work. Now UC benefits denied stating I voluntarily quit

    I left work Dec 11th due to severe illness, admitted to the hospital on the 12th. Follow up surgery on Jan 15th. Released to work on Feb 20th. I called my boss on the 15th to tell her I would be ready on the 20th. She said she would call me back w...

    Joyce’s Answer

    You really should try and find a lawyer to help you, not just for unemployment purposes but also because you may be covered under the Family Medical Leave Act or the Americans with Disabilities Act, which are two federal laws that apply to employers with 50 or more (FMLA) and 15 or more (ADA) employees.

    You should obtain an attorney to help you appeal the determination that you voluntarily quit your employment because you were cleared to return to work and believed that you were going to be going back. In your appeal, you should assert that you made a reasonable effort to maintain employment by telling your employer of your health problem so that the employer could properly exercise its managerial judgment in accommodating your health situation. Bailey v. UCBR, 653 A.2d 711 (Pa. Cmwlth. 1995) You must also show that, notwithstanding your medical condition, you are currently able and available for some other work suitable in light of the health problem.

    Good luck in this matter.

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  • Is it legal for my clients mother to investigate me and also work under my judge i was going to court with?

    im employed for a company where i work with mental health patients that have been released from state hospitals (PA). I work one-on-one with one specific client. his mother works at the county court house. i was going to court for something and sh...

    Joyce’s Answer

    When you say that "you asked your lawyer if it was a conflict" I assume this is the lawyer hired by your company, correct? If that is the case, you need to follow up with a letter to your boss that explains the circumstances of what happened in the courthouse that day, just so you have a record of what has happened. Be careful that you are not disclosing information about your client beyond your workplace. However, you should make sure that your supervisor knows about the situation and provides assistance to you.
    This sounds like a very difficult situation for you.

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  • My employer will not reimburse me for a flight a director, in an email, indicated that I should book! What now?

    Hi, My company is having a conference in a distant city. My presentation proposal was accepted and I received three or so emails indicating this. I emailed my direct supervisor to ask if I should get some kind of approval to go. No answer. I a...

    Joyce’s Answer

    This is a tough situation for you since you are still employed and may not want to run the risk of loosing your job. I am assuming that you were instructed to prepare this proposal and that your company will get the benefit of you appearing at this event. The e-mail that says that you are obligated to go is certainly proof that you have some sort of approval to go to the event. Does your employer have some kind of policy about booking flights? In other words, were you supposed to use certain procedures when you booked the flight and requested the expense? I would not take this to small claims court but I would inquire further with someone in HR about why this happened. Try to be as professional as possible and just say that you are confused about what happened. I would try and go to the event even if you do not get the airfare paid (it sounds like great exposure for you!). While I am not a tax attorney and this is not tax advice, I would bet that you can include the expense of the flight as a deduction in your own personal tax returns. At any rate, good luck to you!

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  • I filed a discrimination complaint at my last job thru the EEOC.

    I filled the discrimination complaint around the end of April,2009. I then got a letter from EEOC to let me know that they need me to proof read there statement they re wrote from my complaint to make sure it was spelled right and correct to go wi...

    Joyce’s Answer

    First of all, good for you for filing a claim with the EEOC! I would definately follow up with the investigator to find out about the status of your claim. Unfortunately, it is the squeeky wheel that gets attention. Do it calmly and kindly. Be sure and ask them if they have provided a time limit for the employer to respond to the complaint. My recommendation is that you speak with an attorney in Fort Wayne about your claim so that you can find out whether you can ask for a "right to sue" letter. This is a letter that allows you to go into federal district court rather than wait until the EEOC reaches a determination. If the EEOC reaches a determination that is not in your favor (i.e. they find that there is no basis for your claim) a court may or may not admit this evidence in your case.

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  • What is time limit to file discrimination complaint to EEOC?

    I was released in October 2009, which employer gave reason as financial cutbacks. I knew it was for "personal" reasons primarily due to refusing to do "fraudulent" work for business. Other reasons compound above much more sinister. I have email...

    Joyce’s Answer

    You have 300 days to file a claim with the EEOC but you do not want to miss the state requirements for filing a claim in California, which are likely much shorter than 300 days. You may also have a separate claim for whistleblowing under California state law provided that you complained about the fraudulent nature of the work. If your previous employer provides a bad reference, this too can be evidence of retaliation and a basis for a separate claim. I wish I could help you more but you need to speak with an attorney in Calinfornia that specializes in employment law.

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