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Adam Kielich

Adam Kielich’s Answers

3,954 total


  • Employer counting fmla against me, are there any options aside from a DOL complaint or lawsuit?

    My employer has counted an fmla absence against me with their no-fault policy, and refuses to acknowledge that they cannot do that. They insist that even though i am on intermittent leave and had an "episode" covered under FMLA that the policy sti...

    Adam’s Answer

    Unfortunately I haven't seen many people have success pursuing complaints with the DOL for FMLA violations.

    Beyond the steps you have already taken your options are limited to accepting your situation or taking steps down the path of litigating claims against the employer. A demand letter from an attorney may convince the employer to do the right thing without needing to file suit but I generally do not recommend sending demand letters threatening to do anything you are not prepared to do when the employer fails to yield to the demand.

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  • Is it sexual harassment?

    My son's GM asked him to impregnate her girlfriend. She offered him $5,000.00 and a car and while he was "trying to decide" she showed him favoritism.Over 50% of the other employees knew that she asked my son to do this for her. She and I even had...

    Adam’s Answer

    I would say so. This is quid pro quo sexual harassment. This is the equivalent of the boss telling his secretary to have sex with him or lose her job, except here your son is the secretary and the boss wants you to have sex with somebody else. The unlawful exchange of sex for continued employment is the same.

    Your son has a limited period of time in which he must begin proceedings to preserve and prosecute a claim for his wrongful termination caused by the harassment. If he fails to take appropriate action within that time period then he will lose the opportunity to pursue his claims. He should talk to an employment attorney about moving forward on his claims.

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  • If I work full time hours and still considered a part time employee, is that legal?

    Do the hours I work determine a full time or part time status?

    Adam’s Answer

    The underlying question is why does it matter whether the employer considers you part time or full time?

    For most benefit plans the eligibility rules are defined within the plan rules and you either meet the eligibility rules, such as length of service and hours worked, or you do not. Calling you a full time or part time status has no effect on your benefit eligibility.

    Similarly, for certain employee rights protected by statute you are eligible to invoke those rights once you are eligible for them based upon the statutory or regulatory eligibility requirements. Again, what the employer classifies as your work load is irrelevant.

    For other employee benefits the employer is generally free to grant them on whatever basis it likes and to not give them to you if you were hired as a PT employee but working FT hours. It may not be fair but it is not unlawful. However, if the employer has policies giving benefits that are not governed by the above rules on the basis of hours worked (or a rule designating what hours makes an employee PT or FT) then it is worth understanding why you are being denied these benefits although you work sufficient hours to be treated as a FT employee. The employer's reason for treating you differently may be an unlawful form of discrimination and that treatment would not be legal.

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  • Can I put a lien for Alimony arrearages on my ex-husband pension that I have half interest in?

    My ex-husbands can draw on his pension soon and I have half interest in this as stated in our Judgment. He is in arrears in Alimony, can I attach a lien on the amount he owes when we select the QDRO?

    Adam’s Answer

    This depends upon how your state relates alimony to the property division in your divorce and whether that permits a QDRO under state law. You would be best suited to talk to a local family law attorney about the situation, along with your other options to enforce the alimony award. If there is not already a QDRO for the share awarded in the property division of the divorce then you also need to get that done ASAP. Do not wait until he is preparing to begin taking payment to have that order completed.

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  • Can I seek to gain my "retirement" payment from my ex employer's private pension at age 49(soon to b 50)after becoming disabled?

    I just became disabled and i am awaiting a pension review or possible buyout from my ex employer. I believe i won't receive a buyout I believe because i have 17.5 years with them and my value should be over the $25,000 max amount they will pay wit...

    Adam’s Answer

    • Selected as best answer

    You can only receive a benefit from the plan based upon the benefit formula and distribution rules of the plan. If the plan authorizes certain enhancements based upon layoffs then for you to receive an early distribution you would have to qualify for one of the enhancements that falls within the plan rules. So the first place to look for an answer to your question is within the plan rules.

    If the plan administrator has made exceptions for other employees in a way that is inconsistent with the plan rules then there may be an argument that the plan administrator must administer the plan fairly with respect to your claim for benefits and apply the same exceptions to your claim.

    Have you talked to your worker's comp attorney about this issue? He or she may not deal with benefit plan issues but can likely refer you to somebody in your area who can help you.

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  • A major airline & 401K refuses to provide copies of paperwork to me reflecting disbursement of funds from my account

    I met with mgmt and discussed threats to bankrupt me and empty my account. I was assured that would not be possible. I have requested in writing/email and phone repeatedly and have been denied. I requested investigation by FNRA and was informed th...

    Adam’s Answer

    There's obviously something missing in the situation. The airline is right, you need to work with an attorney to resolve the situation.

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  • Retirement Contribution Questions - small business and 401K

    I have a full time job which comes up with a 401K plan. I have already contributed $18K for this year. I recently started a single member LLC in California. I am expecting an revenue of about $40K this year and after deducting expense, I might mak...

    Adam’s Answer

    There is a total limit that you are permitted to contribute to employer-sponsored retirement plans each year so what you have contributed through your full time job will affect any contributions you make through the LLC to similar benefit plans. However, there are other options available to you through the LLC to make tax-advantaged contributions to benefit plans or other types of fringe benefits. You need to talk to a tax adviser with expertise in retirement plan regulations. It's very easy to do these things the wrong way and lose a lot of money. There are lots of financial advisers who will try to put you in some of these plans or benefit policies and then shrug and walk away when the IRS audits you and you end up forfeiting money and/or owing taxes and penalties. Talk to a tax adviser and let him or her refer you to a qualified financial professional.

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  • My divorce was final 6 months ago. I moved my retirement into an IRA. Does my ex still get a portion?

    There was no QDRO filed with the court, nor my benefit plan. I had to move the money because I had quit my job over a year ago. I am not at retirement age, but will need the money to catch up on bills before loosing my home.

    Adam’s Answer

    If your ex-spouse was awarded part of a retirement benefit in the divorce decree then your ex is entitled to that share of the benefit even if no QDRO was filed with the plan. The property award in the decree is not contingent upon the existence of a QDRO although a QDRO should have been used to preserve the ex's share at the plan level. You can get yourself in a mess of trouble by spending money that you know has been awarded to your ex in the divorce decree. Talk to your divorce attorney before you start spending that money. If you didn't have an attorney then find one and pay for a consultation. I assure you it will be worth your time and money to get advice now.

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  • Change in conditions for retirement benefits after retiring and collecting

    Retirement medical coverage was earned for years of service prior to retirement. After retiring and collecting the benefit for several years the firm is changing the conditions. they now state that if you perform any service for one of their com...

    Adam’s Answer

    It's not unusual to hear about benefit plans suspending benefits if you return to work for the company. In this case you would probably go back to being eligible for healthcare coverage as an employee rather than a retiree. Whether this plan has such a function within its rules is a matter of the plan documentation, which none of us have. You would need to request a copy of the plan document and take it to an employment attorney for review.

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  • Discriminated against because I am my own family, which my union puts me in the higher paying class for health insurance.

    My employer has gone to a tier insurance 125. single, 250. family +1, and 466. family +3 or more. My union negotiation board whom all fall under the family +3 are dissatisfied with the rate and have put the majority in to extended negotiations whi...

    Adam’s Answer

    Is it discriminatory? I suppose so. Is it unlawful? Doubtful. Check your union policies to voice your opinion about the proposed insurance premiums.

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