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A Friend Was Advised To Resign Her Position After Using All Her Sick Days Due To Cancer Treatments. This Means She Loses Her Benefits But Without Resigning Was Told She Would Be &Quot;Awol&Quot; . Isn'T There A Law Protecting Her?
Yes, under FMLA, and no, she does not have to resign.
"Under federal law and some state laws, certain employees have the right to take up to 12 weeks of unpaid leave per year (any 12-month period) for the following reasons:
you have a serious health condition that keeps you from doing your job; you need to care for a sick child, spouse, or parent with a serious health condition;
you need to care for a newborn child, newly adopted child, or foster child.
If you are eligible, you may take family leave (leave to care for someone in your family) or medical leave (leave to seek care for or recover from your own serious health condition) without losing your job.
Under the law, your job is protected during your leave. When you return to work, your employer must give you either the same job you had before your leave, or a position with equivalent benefits, pay, working conditions, and seniority. Your employer must continue to pay for your health insurance coverage during your leave as it normally would have during your employment."
Military Spousal Support/ Bah Payment?
My Husband And I Are Currently Separated. He Was Paying Me A Percentage Of The Bah Through A Joint Account That Was Meant For Me. He Has Closed This Account And Also Taken The Money That I Left In The Account For Bills That Are Automatically Taken Out. Is He Allowed To Just Cancel My Account And Take My Money That He Is Suppose To Pay Me? I Personally Don'T Think This Is Allowed Nor Wright. What Will Happen If I Contact His Chain Of Commands? I Am Trying To Take Care Of My Family Until The Divorce Is Finalized. I Was Told He Must Pay Me Till We Are Divorced. What Steps Do I Need To Take So He Gives Me The Money He Took And Continue To Received The Bah Till Our Divorce Is Finalized? Thank You For Any Help.
Look i've just went through the samething. Contact whatever seargent whose # u have, dont waste your time talking to the ones thats low in rank they dont care, ask for the commanding officer's phone number. Lie and say you've already spoke with IG (inspector general....they make sure that everyone is doing there job) IG told you to start with commanding officer and if commanding officer dont do anything about nonsupport payments give them a call back. Commander will do what needs to be done I promise you. But if commander doesn't handle up contact ig on the base that he's located and file a complaint....they will give you a support officer that will bring papers to the commander himself and stay on him to get the job done. If u dont know the # google it (ex. Ig on fort carson base) look on the website. He will check back with you. Soldier is suppose to support u until divorce is final. U can put it towards the rent are use it for something else as long as he pays u. He In the meantime try to find out his unit job information and file for child support. If they wont give it ask commander to email u something stating how much soldier is required to pay u. Once recieved job information will b in letterhead. If he wont child support will use the information u have a photo id and get him served. The more information the faster but either way he will get served even if they have to do it at work. Even if he is cooperating tell them he's not as long as divorce isnt file they will get a court order asap after speaking with you. Keep in mind all the military can do is try to make him pay it and punish him if he doesnt. They can even go as far as kicking him out, but if he cares about his job he'll pay. If both parties are getting out of hand they can just take bah and bas no one will get it. When speaking to commander keep it short and simple. Let them know what u want. Have ur dates together and dont get emotional they're just interested in getting the problem resolved. Commander will stay on soldier, if not, ig will stay on commander. Keep in mind that what he's paying you is not child support if u file child support u are allowed to file back child support frm seperation date. Yes u can file child support while married as long as there isn't a divorce pending, because all that will b addressed in court. **** what everybody else saying there not in our shoes. Get what is needed for kids thats what they have mommies for to protect them. to get everything straightened out could take atleast 1 month and a half. My advice become and EDUCATED pest.
Do You Have To Have Certain Personality Traits To Be A Great Lawyer/Attorney?
Certian Traits Like Being Stubborn.
Actually, there is an age-old question that asks whether a person IS a certain kind of person and therefore becomes a lawyer, or if a person is a lawyer and then BECOMES that kind of person. (Sort of a "chicken or the egg" question).
But actually, yes and no. (And stubborn is NOT a good thing- you can be stubborn and be WRONG, or be stubborn and therefore INFLEXIBLE, and you can be stubborn to the detriment of your client's case- none of which are attributes that make up a good attorney. Tenacious? Yes. Stubborn? No.)
The one thing I have learned over the years in the courtroom is this: When it comes to who will "win" the case, what matters is not so much the law as it stands because that is the same for both attorneys, just different interpretations and perspectives; it is not even so much the client (I am specifically referring to criminal cases here- but it is generally true across the board) or even the crime. Although all of that matters in one way or another, it can all be secondary to whether or not the jury likes you- the attorney. I have witnessed many juries struggle to find a reason to side with the attorney they liked (and thus, their client), even when the law and arguments were in favor of opposing counsel.
So, to answer your question, yes, but they are not the traits you might think- more like respect (for the Court, clients, opposing counsel and jurors), humility (arrogance is never viewed favorably- even when you are right) deference (to the Court) and straightforwardness (can't outsmart an entire jury).
(The other traits you were thinking of? You need those for law school.)
ADD: What is a "gift of the Gap"? I've never heard of that. I have heard of the "gift of gab", but I am not sure as to the connection between good lawyering and a popular retail clothing store.
Personal Injury Trial Lawyers ?
What Is The Best Way Getting Personal Injury Trial Lawyers ?
If you need get help with law in injury related stuff i suggest you can call to 855-993-4042. Got good info from them.
Who Is Best Federal Defense Attorney In Nd Or State Wide, Meaning They Travel?
40 Lawyers That Specialize in Criminal Law in ND
You need to narrow down the search more, as I don't know if you committed a felony/misdemeanor.
Can Perjury Be Punishable In Family Law Cases?
Can Perjury Be Punishable In Family Law Cases?
I Recently Discovered That My Child'S Mother Lied About Child Care Expenses In Order To Get More Child Support From Me. I Have Proof Of Her None Payment To Confirm This In Writing. She Is Not Paying Anything, But Yet Claims She Has, Which Caused My Child Support Order To Be Increased Because The Child Care Expense Was Calculated Along With Her Income Which Would Be More Than Mine If They Had Not Deducted The Child Care As A Work Related Expense On Her Income. Can She Be Punished For Committing Perjury If She Testfied In Court As Well As Documented The False Information With The Social Worker? I'M Working My Butt Off To Pay This Chick And She Has Been Taking Me For A Ride, She Has Never Paid For Childcare In About 10 Years! Also, Do Childcare Cost Have Anything To Do With The Tax Credit Since She Claims The Child Every Year?
I would file a motion for a court hearing and request credit be granted for the additional money you paid based on her inaccurate statements. If you have the proof then it shouldn't be a problem to get a judge to refund you a judgement or take it off of your monthly installments.