Q & A – Westchester New York Labor & Employment Lawyer

Q & A

If I win a bid at my job for a full time position as Quality Control can my company get rid of the position?

: I was part a part time employee and signed up to win a full time Quality Control Position. I won the bid. My supervisor changed my position to full time trainee. I continued to do my same job duties except I was full time. After a few months I asked when would I be moving into my new position. I was informed there wasn’t enough funding to place me in the position and that I could not be moved up until a replacement was found. It has been 6 months now and I am still not Quality Control. After speaking with my supervisors and HR he informed me that they had forgotten that they opened a bid for the position and now only have a part time Quality Control position available. Supposedly now the only positions available is the full time trainee position or the part time Quality Control Position.

Jordan’s answer: You use the terminology “bidding”, which usually applies in unionized workplaces. If you were coveted by a union contract, you can file a grievance if the union contract was violated. If there was no contract, you have no recourse. You can contact IBEW local Union 1430 to find out more about joining a union to have more voice at work. Http://www.ibew1430.com. (914) 948-3771.

Can a lawyer do anything for me?: 

A few months ago I interviewed with a retail store while I was still employed by another retail store. They offered me an asst. manager position for a new location they were opening that had a 1 year lease and after that time was up it is possible they would close the store if it wasn’t doing well but they are also opening a new location downtown that I could be moved to. I ended up taking the asst. manager job and left my previous job, and i’ve been with them for 4 months and now am being told they will close this month and I will be out of a job. I feel like I was duped and this was really a temporary job not a full-time position but they wanted a higher quality employee for this popup shop. Two other employees went through the same chain of events.

Jordan’s answerAs the other posts state, without an employment agreement you have no recourse.

Can my employer force me to take a short-term disability leave after I informed them of my disability?

I’ve had a chronic medical problem which qualifies for “disability” as defined by the American Disabilities Act (ADA), and I’ve informed my manager and HR of this disability.

Under the FMLA standard, an employee who has completed more than 1,250 hours of employment needs to also work for the employer for at least 12 months prior to become eligible for FMLA. Does the 12 months rule kick in from the date I apply for the leave, or from the date when my medical leave begins?

For example, assume if I complete 12 months of employment on January 1st, can I apply for FMLA on December 20 for a medical leave that begins on January 1st when I satisfy the 12 months rule? Can my employer force me to take medical leave BEFORE my requested date of the leave?

Jordan’s answer: Your post has a number of questions embedded in it. To answer the primary question, no, your employer cannot force you to take short term disability IF you can perform the essential functions of the job with or without a reasonable accommodation and you are also qualified to perform the essential functions of the position.

So before exploring FMLA, you should explore requesting a reasonable accommodation. If your employer refuses and all of the elements are met, then your employer is generally discriminating against you.

This assumes you work for an employer that is covered by either the Americans with disabilities act or state discrimination statute; facts that were not provided.

See all of Jordan’s answers

Westchester New York Labor & Employment Lawyer