Employer requesting that I take FMLA when I am not sick
Posted 18 October 2012 - 06:26 AM
Posted 18 October 2012 - 01:12 PM
Posted 18 October 2012 - 02:25 PM
Can't know what the civil service regs or union contract may say about your job description, but in private industry, your job is whatever folks say it is.
It's unclear why a sedan would be fine but a van not. At any rate, if that's true, can't know if the employer entered into a discussion about not driving the van being a reasonable accommodation under the ADA. If they didn't, you may file a complaint with the EEOC and state equivalent. Sounds like it's time to go over supervisor's head to the personnel folks, yes?
You aren't obligated to file for FMLA if you're not sick, so you can file a complaint with the federal DOL about that.
"I wish to start drawing my unemployment but I am afraid to sign up."
It's not clear why you'd be afraid to file for unemployment if you've been told you're "laid off" (though unless you work in the personnel department, if you're a state worker, I should think that would come from someone above your supervisor's head. I'd be contacting personnel, since you have no idea whether your supervisor would be telling folks you quit.
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 21 October 2012 - 10:28 AM
The question about the difference in the 15 passenger van and a sedan involves, when I get up into the drivers seat of the van, (the van is very high off the ground and has a step but, I have to pull myself up into the seat by a handle....this aggravates my condition and I have to sit for long periods of time. I am required to put the van, which is loaded with parole and probationers doing litter crew duty out on the highway, according to my supervisor, the interstate highway.. I have to be very careful to make passengers are safe. The van is very hard to handle when the wind in blowing. For the past 17 years,I have utilized ample county and state and non profit worksites for the purpose of community service work. These organizations and agencies have been proud to utilize court/parole board ordered adult community service workers for all these years......The state government agency for which I work, ( my area, especially) has not had to spend one dime for custodial and vehicular cleanup since I have been working there..... I have assigned hundreds of workers and some of these folks have gotten jobs from my assignments.... My efforts have save the tax payers a great deal of money by utilizing this resource. Now...it's the highway or no way...Hope I am makeing myself clear...I'm still quite rattled!!!
Posted 14 November 2012 - 01:50 AM
Posted 24 November 2012 - 06:23 PM
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