Questions answered by Joshua Alexander Bernstein

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Can my employer of 10+ yrs 'let me go' after being on medical leave for a kidney transplant for 2yrs 2 months? I

Joshua's answer | Answered on August 22, 2011

The FMLA only requires that your employer provide you with 12 weeks of leave/year max, so if you were done for 2 years and two months you are...

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I recently returned to work after FMLA. I worked full time, but due to ongoing medical issues, my primary provider has me

Joshua's answer | Answered on August 19, 2011

There is a strong possibility that your employer is violating the FMLA, the Americans With Disabilities Act and the New York State Human Rights...

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Are employers legally obligated to inform you to file FMLA when you have to take alot of time off to care a spouse who is ill

Joshua's answer | Answered on August 17, 2011

There are notice requirements under the FMLA - your employer must inform you whether they are designating your leave as FMLA or not FMLA eligible,...

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I am in Illinois and was just fired yesterday. I had been back to work for just over 3 weeks after having a baby, for which I

Joshua's answer | Answered on August 17, 2011

If you sign the severance package, you will probably lose all rights to file suit. "Not the right fit" is a very nebulous explanation for a...

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How can I get New York State to initiate a labor audit?

Joshua's answer | Answered on August 16, 2011

While I agree with the previous poster, under the recently in-effect wage theft prevention act, you can get double the amount owed if you prove an...

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Can my employer change my position which will make it impossible to work during pregnancy?

Joshua's answer | Answered on August 16, 2011

This sounds highly suspicious - I practice employment discrimination law, please feel free to call my offices to schedule a free consultation. ...

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I received a determination in my favor that I was discriminated against because of race and religion and also for retaliation

Joshua's answer | Answered on August 15, 2011

It's impossible to determine what a reasonable offer would be without having a great deal of factual detail i.e. what happened, what evidence you...

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I live in AR. I have epilepsy, recently meds quit workn. In the middle of 2 week medical leave I was fired 4 cause?

Joshua's answer | Answered on August 15, 2011

I'm not sure if you mean that you used up all your FMLA leave and then had to take additional leave prior to accruing another 12 weeks, but this...

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I was fired back in March after 2 years following an outstanding job review with a raise, just 3 weeks before. My employer

Joshua's answer | Answered on August 15, 2011

If you worked more than 1,250 hours during the last year and your employer has 50 or more employees, you're probably covered by the Family and...

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My boss responded to a question I had calling me the "n"word. One week later I was fired. Do I have a lawsuit case?

Joshua's answer | Answered on August 14, 2011

You do need to file a revised EEOC charge if you were fired after filing the initial one, but you should consult an attorney to describe your case...

Joshua Alexander Bernstein's Answers (137)

Can my employer of 10+ yrs 'let me go' after being on medical leave for a kidney transplant for 2yrs 2 months? I

I recently returned to work after FMLA. I worked full time, but due to ongoing medical issues, my primary provider has me

Are employers legally obligated to inform you to file FMLA when you have to take alot of time off to care a spouse who is ill

I am in Illinois and was just fired yesterday. I had been back to work for just over 3 weeks after having a baby, for which I

How can I get New York State to initiate a labor audit?

Can my employer change my position which will make it impossible to work during pregnancy?

I received a determination in my favor that I was discriminated against because of race and religion and also for retaliation

I live in AR. I have epilepsy, recently meds quit workn. In the middle of 2 week medical leave I was fired 4 cause?

I was fired back in March after 2 years following an outstanding job review with a raise, just 3 weeks before. My employer

My boss responded to a question I had calling me the "n"word. One week later I was fired. Do I have a lawsuit case?