Archived
In a complicated medical crisis, can FMLA be denied and the employee fired because the claim was not approved w/in 30 days?
Kirk's answer
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Answered on May 20, 2018
Not sure I follow these facts, but I will take a shot at giving you some guidance. The Family and Medical Leave Act (FMLA) provides covered...
Archived
Can I bring a claim against my Employer for reading email correspondence sent from my personal email account from home?
Kirk's answer
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Answered on May 20, 2018
No. There is no claim against your employer based on these facts. North Carolina is an employment-at-will state where an employer can discipline an...
Archived
How can a manager fire me for going to the emergency room?
Kirk's answer
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Answered on May 02, 2018
Tennessee is an employment-at-will state where an employee can be fired for any reason as long as the reason was not unlawful. Firing someone for...
Archived
See below
Kirk's answer
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Answered on May 02, 2018
In general, return to work examinations are allowed under law as long as they comply with the Americans With Disabilities Act. The ADA is a...
I accepted a settlement at ligation but when they sent the additional forms to sign it stated I could not purse any other cases?
Kirk's answer
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Answered on May 02, 2018
I am going to slightly disagree with Attorney Love who is almost always spot on. It sounds like you have a workers compensation settlement due to...
Archived
Can HR complain to a senior manager (not my supervisor, but within my department) about me not completing and FMLA request?
Kirk's answer
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Answered on April 20, 2018
It is not very professional, but if all that was shared was that you did not complete the paperwork then this was likely not a violation of the...
Archived
Can an employer pay me half of my salary for weeks that they suspended me for
Kirk's answer
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Answered on April 18, 2018
Yes, the employer can pay you half your salary for weeks you did not work due to suspension. However, it is not required to do so. It could refuse...
Archived
I need to know if I have a case please regarding labor practices concerning a company based out of NC dba an entity in TN?
Kirk's answer
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Answered on April 17, 2018
It sounds like you need to set a consultation with an experienced employment attorney. The attorney will be able to answer your questions, help...
Archived
I was terminated from an employer after 2 years of long term disabilty. I passed a physical and drug test. what can i do ?
Kirk's answer
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Answered on April 16, 2018
Disclaimer: I am not a labor attorney and cannot give you any advice on the union matters including the NLRB. As far as employment law goes, North...
Archived
Does an employer have to pay me for traveling to another city?
Kirk's answer
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Answered on April 14, 2018
An employer is generally not required to compensate an employee for travel to work at a fixed location. However, the employer will be required to...