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I am on a Leave of Absence which runs concurrent with our FMLA. I broke my foot and the company says that I cannot go on contd
Arkady's answer
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Answered on September 21, 2013
The employer is most likely incorrect. Besides FMLA/LOA, you might be also entitled to additional leave as a reasonable accommodation to your...
Archived
Is an hourly employee entitled to overtime pay for working more than 8 hrs/day or more than 40hrs/week?
Arkady's answer
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Answered on September 20, 2013
Yes. Even if an employee works just one day a week, any work in excess of 8 hours a day should be compensated at overtime rates.
Thanks,...
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I was fired while on disability, is this legal? Can I file for a lawsuit due to wrongful termination?
Arkady's answer
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Answered on September 20, 2013
Hello.
A few critical facts are missing from your recount of events:
Are you on medical leave now? If so, did you have a specific,...
Can I sue for wrongful termination, even if I am going threw the union grievance process?
Arkady's answer
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Answered on September 19, 2013
Hello.
It sounds like there is significant evidence of disability discrimination and retaliation for exercising your disability rights under...
Archived
Is it legal for my former manager to tell her employees that they are not allowed to give me a good reference?
Arkady's answer
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Answered on August 31, 2013
As other attorneys pointed out, there is nothing illegal about refusing to provide positive references. The reason many employers are willing to...
Archived
Can I file whistleblower claim and WC claim at the same time?
Arkady's answer
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Answered on August 12, 2013
Hello,
As other attorneys pointed out, you can file both claims separately. Workers compensation claim addresses any physical injury you...
Archived
ADA accommodation: what's difference between reassign to a vacant position and change supervisor?
Arkady's answer
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Answered on July 29, 2013
In addition to the previous answer -
Under ADA and FEHA (the more important law than ADA for your purposes), an employer doesn't have to...
Archived
Should I get an attorney
Arkady's answer
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Answered on July 28, 2013
You should be with a competent attorney who can prepare you for the hearing, explain to you how the process works and how to put your best foot...
Archived
What should I say at my EDD Separation Interview to receive benefits?
Arkady's answer
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Answered on July 28, 2013
You should tell the exact reasons that you were given for your termination, and if asked for your version of the events, you should provide that as...
Archived
Work suspended until HR can have ADA meeting about modification request.
Arkady's answer
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Answered on July 27, 2013
Hello.
It sounds like the employer is trying to do the right thing. They don't want to take the risk of bringing you back to work and having...