Employment & Workers’ Compensation Laws FAQ
Dealing with employment law issues can be difficult. Pond Lehocky Giordano is ready to fight for you and settle your disputes. Here are some answers to some common questions you may have about employment law and how we can help.
Who does Pond Lehocky Assist?
We assist clients who are victims of:
- Wrongful termination, including discharge due to pregnancy
- Discrimination, including gender, race, religion, age, disability, etc.
- Americans with Disabilities Act (ADA) issues, including failure to accommodate work restrictions and automatic termination policies
- Family Medical Leave Act (FMLA) issues
What are my rights?
- In any general discrimination case, employees must report the conduct. If an employee quits due to bad conduct, it makes the case much harder to litigate.
- An employee cannot be terminated due to pregnancy.
- Workers’ compensation does not excuse an employer from Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) violations.
How do I know I have a case under the Americans with Disabilities Act (ADA)?
The employer must have at least 15 employees. The employer is required to provide ADA paperwork for a physician to complete regarding any accommodations an employee may need.
- Employer is required to engage employees in the “interactive process” in identifying reasonable accommodations.
- An accommodation cannot place an “undue burden” on the employer- the larger the employer, the less of an argument there is for this.
- An unpaid leave of absence is a reasonable accommodation as long as it is limited in duration.
How do I know if I have a case under the Family Medical Leave Act (FMLA) case?
- Employer must have at least 50 employees and employee must have worked for Employer for a year and for 1,250 hours within that year to qualify for FMLA leave.
- Client must suffer from a qualifying injury. FMLA leave need not be a consecutive leave.
- FMLA leave can be intermittent, meaning that a client who needs to leave for physical therapy or doctors’ appointments or because of intermittent symptoms (good days/bad days).
- FMLA protects the position for three months of leave whether the leave is consecutive or intermittent.