Archive for October, 2011

What are my options when my job fires me due to the FMLA law.?

I returned to work after 7 weeks out for illness. My doctor provided a note stating medically cleared to return to work, also filled out FMLA forms provided by job (but did not give the specifics job wanted)( I thought my medical condition was private). after two weeks returning to work, HR rep stated that my FMLA papers were not filled properly. they gave me 3 days to have re-submitted or I will be terminated. I did not meet the deadline and they fired me.

Employment law and unfair dismissal, resignation or forced resignation?

A person has an old injury but has worked in the same job for 15+ yrs for the same co despite it,the injury gives occassional trouble and the employee has been offered an operation to correct this but must wait for a few months. The employers reluctant to accept this refuse to allow him back to work despite his Dr saying he can. The employers wishing to get rid of him, offer a good early retirement deal, he is 45ish & the deal contains a restraint of trade clause to the effect that he cant do the same work for another employer,i am not sure of the duration of the RC,but believe it to be considerable. He is considering taking this as he believes he has little choice.If he accepts, could a claim to unfair dismissal still lie or would a tribunal consider this a genuine resignation and if so douse the R Clause still apply? I would be greatful for any light shed upon this situation as can be offered. Thank you.
Mary

Employee’s right to quit….Please advise?

Hi,

I recently joined a new job and I disliked it from the day1. I did not like the work plus the commute was very long and was making me sick. So I decided to quit after a week and rejoin my previous job. My employment was at will and I sent them an email on Sunday informing that I don’t want to continue from the next day (monday). I returned all their property immediately.
After 2 weeks when I asked them about my pay check for the 1 week that I worked the employer got really mad. She called my manager at my current job complaining and talked a lot of rubbish about me. She then called me in the evening and denied to pay and threatened to sue me if I ask for my pay. She thinks that I should pay her because she invested resources in me and I quit without giving them a prior notice. She used demeaning words and threatened me many times to use a lawyer to make sure she ruins my career.
Can someone please advise what are my rights? Can she really sue me for not giving a notice?

Thanks lot

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