Attorney Erica Shikunov appeared on the television show Injured Workers of PA, which airs on Berks County Television network (BCTV), to discuss employment law, workers’ compensation and the laws that protect injured workers. This comes after Pond Lehocky Giordano launched their new employment law practice area.
In addition to employment law, Pond Lehocky serves clients in need of legal help with workers’ compensation, long-term disability and Social Security disability. The employment law department is a significant step in the continual growth of the Firm.
Attorney Erica Shikunov’s background contributes to her new leadership role. Erica has practiced both employment law and workers’ compensation litigation.
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
Know Your 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.
Identifying an Americans with Disabilities Act (ADA) case
- Employer must have at least 15 employees. Employer is required to provide ADA paperwork for a physician to complete regarding accommodations an employee may require.
- Employer is required to engage employee 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.
Identifying a 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 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 position for three months of leave whether the leave is consecutive or intermittent.