1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can i take legal action against my employer

Discussion in 'Employment Contracts & Work Policies' started by AUTOTRAIN, May 2, 2013.

Thread Status:
Not open for further replies.
  1. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    "I believe" what you don't understand is that you have no job protected leave (& FMLA would have been for only 12 weeks if you had qualified) & no additional time can be granted under the ADA - a doctor's note will not help you. Your job doesn't have to be held indefinitely doctor's note or not. Please do as we suggested & contact your WC carrier for any recourse. I don't know what else to tell you.

    A doctor's note would have been required for FMLA or other time off - you couldn't just say you're taking FMLA or other leave for 12 weeks (3 months) in your example & expect to get the time off without proof of need. It's just in your case, your time allowed is up even with a doctor's note.
     
    Last edited: May 6, 2013
  2. AUTOTRAIN

    AUTOTRAIN Law Topic Starter New Member

    Messages:
    10
    Likes Received:
    0
    Trophy Points:
    0
    One more thing, Just because one wants to take a Legal action doesnt mean one wants sue for Money. Law is not about justice. Its a tool we use in order to seek justice.
     
  3. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    Problem with editing - what I edited to earlier is gone. Tried editing once 10 min. after I typed post (computer froze) & then again later.

    I'll just say, your employer can give you additional time off over the amount *required* by FMLA (when FMLA applicable) & can give you additional time off under the ADA than generally *required* (generally only a short time is given/required). It's up to your employer how much additional time they want to give you - some give more than "normal".
     
  4. Elle

    Elle New Member

    Messages:
    91
    Likes Received:
    2
    Trophy Points:
    0
    In order to bring a suit, there must be some law that has been violated. Based on the facts you presented no laws have been violated. WC is your exclusive remedy as far as the injury is concerned. Unless your injury was on of the very few that was due to some eggregious case of neglect by your employer, you can not sue them for your injury. A doctor's note that says you are disable is also largely meaningless. Doctor's notes do not have any legal standing or force in law. If the reason you are off work is because of a serious health condition, then you get a maximum of 12 weeks of leave a year. A doctor's note may be required by your employer but the law doesn't mandate that nor does a note automatically mean you get leave. Once those 12 weeks are up, so is your legal protection as far as leave is concerned. in your case, it doesn't even sound like you are entitled to those 12 weeks.

    ADA could have come into play here but the onus and burden is on you to request an accommodation and provide documentation. You haven't even spoken to your employer since January so you haven't even come close to upholding your end of the deal to invoke ADA. You can't sue your employer for your failure to do what was necessary.
     
  5. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    I agree with what you said Elle except I do believe almost every employer is going to want a doctor's note/certification if the employee needs/wants 3 mos. FMLA leave or any extended leave. (some type of proof of leave needed) Do agree that they do not have to automatically grant the leave though even with a doctor's note if they don't qualify for leave. Of course, an employer "could" give FMLA/extended leave w/o a doctor's note but that would be rare. (in my opinion)

    In the OP's example, OP said an employee could call in sick & ask for 3 mos. off w/o a doctor's note - I don't believe an employer would grant that without a doctor's note of proof of need.
     
    Last edited: May 6, 2013
  6. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    I don't believe doctor's notes are *always* meaningless such as in cases of FMLA for example.
     

Share This Page

Thread Status:
Not open for further replies.