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August 2016 Archives

Can an employee sue for not being allowed to take leave?

Employees can find any number of reasons to file a claim against their employer. Whether or not it is because the employer was, in fact, wrong for taking certain actions or because the employee feels this way, these claims should be taken seriously. This is especially the case when it comes to things regarding the employee's rights, such as the Family and Medical Leave Act.

Not every employer is legally obligated to allow their employees to take leave. When it is allowed, FMLA is granted to employees only if they meet the requirements, which state that the employee is to be on the job for a minimum of 12 months and has worked a minimum of 1,250 hours. Ideally, if you have denied your employee leave, it would be because they did not meet the requirements, but there are some employers who have denied their employees for other reasons.

Should an employer deny someone leave, this employee can sue them. In many cases, if the denial was due to any other reason then the employee not meeting the requirements, there is a chance that the employee may have a case. To prevent this, you want to be sure the reason you deny your employee leave is valid.

There are always going to be employees who feel as though their employer is guilty of some type of wrongdoing and may consider filing a claim. Guilty or not, when an employer is accused of something by their employee, it should not be ignored. Employers in need of legal assistance should contact an attorney who can aid them in proving their innocence and resolve the issue as soon as possible.

What employers can expect if a discrimination claim is filed

All around the United States, there are people who feel as though they are being treated differently than their co-workers due to their age, race, sex, religion or even their disability. When an employee feels as though they have been discriminated against by their employer, there are a number of ways they can handle it. While some choose to suffer in silence and say nothing, others may feel as though they have no choice but to file a claim.

Should an employee move forward with filing a claim, it will start a process that could potentially last for a long time. Their employer will be notified of this claim and an investigation will follow. At this point, the EEOC will work to determine if there is cause to support this claim. Depending on their findings, the employee who filed the claim and their employer will be advised to try to resolve the dispute, agree on a settlement or face each other in court.

Guilty or not, when a claim is filed, it should be taken seriously by all parties involved. Ideally, when an employee files a discrimination claim, the employer will want to work with this person to reconcile and avoid a lawsuit. At the end of the day, nothing may come of the suit, but it can still leave outsiders and other employees questioning the validity of the claim and whether or not the company is guilty.

Not all employers who are accused of discrimination are guilty. In fact, some employees may know this, but for some reason choose to file a claim and stir up trouble in the workplace. Fortunately, if an employer is not guilty, with the help of a skilled attorney, this can be proven.

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707 Grant St., Suite 2646
Pittsburgh, PA 15219
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Fax: 412-235-6704

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