Kevin Crayon’s Answers
104 total
Can my boss call me when I am home on a sick paid day off and tell me she’s calling me to tell me she’s demoting me?
Kevin’s Answer
It is generally not illegal for a supervisor to contact an employee while they are on sick leave to inform them of a demotion, but there may be certain circumstances in which it could be considered a violation of the employee's rights. The key factor in determining whether this would be legal or not would be the reason for the demotion, and whether it is related to the employee's sick leave. If the demotion is due to the employee's illness or for taking sick leave, it could be considered retaliation and be in violation of the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). However, if the demotion is not related to the employee's sick leave, it would generally be considered legal. It is always best to review the specific facts of the situation to determine if there may be any potential legal violations.
Can i be fired for a felony that i made my job aware of in the beginning
Kevin’s Answer
It’s good you’ve been transparent and seem to have made good progress before coming across this issue. It’s unclear whether this is just a hypothetical, or whether you’re actually being terminated. What exactly is HR doing? If no adverse action has occurred yet, then it sounds like this is not yet ripe for action unless you’re being harassed. You should talk to an attorney in your state about local laws.
Regarding federal protections, it is possible that if other similarly situated employees with similar backgrounds are permitted to work there, and those employees are a different race, sex, age, etc., then perhaps there’s discrimination if you are being terminated or harassed while those comparators are being treated more favorably. The EEOC has guidance on this very issue. You may decide to contact the EEOC and if you are terminated because of that protected activity, then you may have a retaliation case.
Can my employer rescind my disability accommodation?
Kevin’s Answer
This depends on the context. If you have a disability and are able to perform the essential functions of your position with the accommodation, which is sounds like may be the case from the limited facts presented (marginal changes, the accommodation has been working so far, etc.)
The employer should not discourage you from pursuing the reasonable accommodation by comparing you to others without a disability. This can be considered retaliatory.
On the other hand, the employer can choose the accommodation, so long as it’s an effective accommodation. The employer should engage in the interactive process before taking away an existing accommodation.
Whether telework is a suitable accommodation depends on the job and the facts.
What actions fall under harassment/ sexual harassment ?
Kevin’s Answer
This depends on the context.
In either event, If you feel this is sexual harassment or harassment because of your sex, you have to let the alleged offender know the conduct is unwelcome, and you have to notify and give management an opportunity to take prompt and remedial action.
Even if this ultimately does not rise to the level of sexual harassment, taking the above-described actions is protected Title 7 activity and it would be unlawful for the employer to retaliate because of the complaint.
Why can't I smoke at work when I am off the clock, an in my personal space?
Kevin’s Answer
Unfortunately, smoking is not a legal right. Perhaps you should check your employer’s rules.
The only exception would be if your employer allows similarly situated employees (same job, same duties, same management, same circumstances, same conduct, etc.) of a different protected class than you (race, sex, disability, age, etc.) to smoke in their personal spaces without consequences, thereby treating you differently. If that’s the case, you should contact EEOC within the prescribed limits or otherwise consult an attorney further.
Is discrimination present when one person is written up for something that is a frequent occurrence by others at the workplace?
Kevin’s Answer
I’m sorry to hear about your issues with your (wife’s) write-ups for things that appear to be commonplace and prevalent. It’s best to start documenting these issues and preferential treatment now. If you believe this is discriminatory based on a protected class (race, sex, age, national origin, etc.), then you need to ensure you complain about discrimination, and document it. I agree with the other attorney’s answer that if there’s no discrimination based on a protected class, then unfortunately there’s no legal recourse for an employer being a jerk. If the “shoe fits” for discrimination based on a protected class, however, then you should contact an experienced employment attorney to discuss your options and preserve your rights.
Can my boss force me to something beyond my disability?
Kevin’s Answer
No, if you request a reasonable accommodation that will allow you to perform essential job duties then your employee must accommodate you.
I was charge for shoplifting for the first time will I go to jail
Kevin’s Answer
Unlikely you would go to jail. You need to have an attorney work this out since this is your first offense and these things can easily be worked out by seasoned attorneys who are used to dealing with prosecutors for smaller first offenses.
Can I be terminated from employment if I don’t vaccinate?
Kevin’s Answer
If your objection is based on religious or disability-related reasons, you should say so, in writing. Then if they terminate you, you may have a decent reprisal case.
Can we rescind a job offer to a candidate who needs surgery and will miss work?
Kevin’s Answer
If the person cannot perform the essential functions of their position, with or without a reasonable accommodation, then you do not need to hire them. But, that’s something you want to tread carefully on. You need to determine first is this is a person with a disability by engaging in the interactive process with them to determine if they need assistance. Then you need to see if the accommodation is an undue burden to you or if it takes away essential functions. Flexible leave and scheduling is usually considered a reasonable accommodation. Unfortunately, you didn’t make the job offer contingent on availability and so now you’re going to have to go through the steps of complying with the ADA process.