I was off of work per company approval through a company approved intermitant Family Medical leave act, and while I was off of work, I missed a scheduled rules exam for my job. The federal law says, I can not be punished for being off during this time, but the company I work for suspended me anyway. I need a good lawyer because this is causing me severe unnecessary hardship.
2007-05-22 06:52:02 · 4 answers · asked by Antonio M 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Your rights have not been violatd. The exam was pre-scheduled and appears it is part of your credentials for employment purposes. If you do not have the proper credentials to do your job, you can be suspended regardless if you are on leave or not.
Take your exam and get off suspension.
2007-05-22 07:02:12 · answer #1 · answered by CCpher 2 · 2⤊ 0⤋
Did you request an alternate time to take the exam?
You might or might not have a case, very likely not. You're right, you can't be suspended for taking the time off as long as the FMLA leave was requested and approved, but if you don't meet the requirements of the job, you can still be suspended.
2007-05-22 07:14:56 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
get out your yellow pages and look one up.
or you could simply print out the FMLA from the website and take it to HR for interpretation. if they still disagree, which i hope they don't b/c if you are off on FMLA, then that means you are excused from any and all work activities/functions, then get a lawyer. if they agree that they are wrong, then make sure you get any time lost pay.
explain to them this:
if someone was off on maternity leave, which is an FMLA leave, would that person be expected to leave the newborn and attend this rules exam??
i doubt it, b/c when you are on leave it is simply that, a leave from work and all work functions/activities.
good luck.
EDIT:
ccpher, does have a point, though. do you need this exam to continue working? if so, then it has nothing to do with FMLA. you just need to make up the exam and then get off your suspension.
if other people are working without taking this exam, however, then you still have a case.
2007-05-22 07:03:11 · answer #3 · answered by joey322 6 · 0⤊ 0⤋
Under Federal Law, no employer may suspend, terminate or otherwise make any changes to an employees employment status while on leave through FMLA.
You should call an attorney who speciallizes in employment law.
You should also notify your employers human resouces department that you intend to file suit unless they retract the suspension and clear your record of any wrong doing.. Good Luck
2007-05-22 07:06:25 · answer #4 · answered by Daniel R. 4 · 0⤊ 1⤋