Our Recent Family Medical Leave Act Lawyer's Blog

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Best Employment Attorneys’ Answer: Do I have to pay taxes on my race discrimination lawsuit? Should I report my gender and disability discrimination settlement to the IRS? Can I avoid paying taxes on the jury’s verdict on my sexual harassment claims? “Nothing is certain except death and taxes.” We have all heard this before and most of us have probably uttered this phrase once or twice. What most of don’t know is that this unfortunate truism has a long history in our country. It origins are found in a 1789 letter, in which Benjamin Franklin, who you may have heard of, penned that “Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Now, as a bit of a history

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Family Medical Leave Act, wrongful termination, FMLA, Attorney, Best, Lawyer

How Can I Prove I Was Fired For Taking FMLA? As readers of our blog already know, the FMLA is a federal law that lets covered employees take extended time away from work to handle certain family or medical needs. This federal law requires your employer to provide eligible employees with a maximum of twelve weeks of leave if the employer is a private business engaged in, or affecting, interstate commerce, that employed fifty or more employees in twenty or more weeks in the current or prior calendar year. Furthermore, an employee who works for a covered employer is eligible for leave if he or she worked for the employer for at least twelve months, and for at least 1,250 hours over the twelve months immediately preceding the need for leave. We have previously blogged about § 2615 of

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Best Ohio Pregnancy Discrimination Attorney and Top FMLA Lawyer Answer: Can my employer fire because they don’t want to deal with absences associated with my pregnancy? What can I do if I need to take extra time off because of a pregnancy? Can I space out my FMLA leave after my child is born? Pee on a stick and then wait to see if there is one line or two. During the few minutes that possible mothers and fathers stare at that stick sitting on the bathroom counter, all the possible changes that are about to come their way flash through their brains… having and holding a baby, boy or girl, new bedroom, possible names and about a million other new baby and pregnancy thoughts. However, very rarely during this time do these nervous possible parents think about how her boss

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Best Ohio Disability Discrimination Attorney Answer: Can my job ask about my family’s medical history? Can an employer ask if my doctor thinks I’m predisposed to certain health conditions? Can a job application ask if I’m disabled or have medical conditions? As our employment attorneys at The Spitz Law Firm have written about in the past, the Genetic Information Nondiscrimination Act of 2008 (“GINA“) protects employees from discrimination in the workplace based on the employee’s genetics (GINA & ADA: Employers Cannot Ask For Medical Information). Except in very limited circumstances, GINA prohibits employers from requesting or requiring the genetic information, including personal and family medical histories, of employees and

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Best Ohio Disability Discrimination Attorney Answer: Is a medical leave a reasonable accommodation for a disability or serious illness? What does it mean when my boss says that my requested disability accommodation would cause and “undue hardship” to the business? How do I prove that my employer failed to give me a reasonable accommodation to help me work with my disability? Many employment discrimination claims are decided by which lawyers frame and argue the facts the best. The disability discrimination case that we are discussing today is a case where perspective and framing of the facts is critical. If your friend is a manager of a retail store and tells you that an employee that has been there only two months just turned in a note asking for nine months off, I

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Best Ohio FMLA Attorney Answer: Can my boss fire me if I don’t fill out my FMLA request right? Can my job block my request to take medical leave under the FMLA? Does HR have to help me with my FMLA paperwork? At The Spitz Law Firm, LLC, our employment lawyers regularly are involved in cleaning up the messes that employers cause by violating the Family and Medical Leave Act (“FMLA“) in the workplace. (See What Can I Do If I Was Fired For Taking Approved FMLA Leave?; My Boss Demoted Me After I Took FMLA! - Call The Right Attorney; Do I Have A Claim For FMLA Retaliation? - Call The Right Attorney; and Can My Boss Control When I Take FMLA? - Call The Right Attorney). The FMLA is a federal law that lets covered employees take extended time away from work, to handle

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