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Employment attorney San Diego receives dozens of phone calls a year from employees throughout California, who have been denied the right to return to work at the end of their approved leave periods. It is important for employees to first understand and review the situations in which an employee may lawfully be barred from returning to work.

According employment attorney Orange County, an employee may be denied return to work if a *fitness for duty*certification is requested but not provided. The employer must have a policy of requiring all employees out on approved leave (such as Family Medical Leave or California Family Rights Act). It may not be applied to just one or two employees that the company is trying to keep out. Also, any *fitness for duty* test must be conducted by a medical provider, not a non medical provider such as an occupational therapist. Finally, an employer may ask for re-certification every 30 days if an employee is out on intermittent or reduced schedule FMLA leave, if reasonable safety concerns exist regarding that employee's ability to perform duties, based on the condition for which leave was given.

Higher level, salaried employees may be denied reinstatement following leave if they are a "key employee" says employment attorney San Diego. The employer must show that re-instatement would result in substantial and grievous economic injury to the employer. The employer must--before the leave is taken--advise the key employee of their right to forget the leave or to return. A key employee is one who is in the top 10% of paid employees within 75 miles of the employee's work-site. This may apply to high level administrative, technical or salaried sales employees. In short, to anyone on salary earning in the top 10%. The injury must involve more than mere hardship or inconvenience to the employer but rather substantial long-term economic harm. A key employee is entitled to notice, which must be written. A failure to give notice in person or by certified mail will result in a denial of the employer's right to deny reinstatement even if substantial economic hardship results.

To see whether your case qualifies for a free initial consultation, contact an Orange County employment attorney to see whether your case qualifies for a free consultation.

employmentattorneyca
Orange County Employment Attorney CA services all of San Diego & Orange County Areas San Diego employment attorney handles wrongful determination Orange County, sexual harassment, discrimination & more
Employment Attorney – Protect Your Rights Tuesday, August 24, 2010 If you live in the San Diego area, and find yourself in an employment dispute you may find you need help finding a San Diego employment attorney. An employment attorney can help you protect your rights as an employee before, during, and after employment. If you need representation in a discrimination case, whistleblower cases, unsafe work conditions, or sexual-harassment lawsuits, you are going to need a good lawyer. Finding one who specializes in employment law will ensure you get the best protection and the most comprehensive advice for your employment law related case. Depending on your situation, a general attorney may simply not have the experience and knowledge you need. Likewise, as an employer, similar cases will also require you to employ the services of an Orange County employment lawyer. Department of Labor disputes, questions about the Family Medical Leave Act, Worker’s Compensation requirements, or proper insurance can all be handled by an attorney who specializes in employment law. Whether your business employs two or 200, you are required to comply with all laws and regulations concerning your employees. Familiarizing yourself through the advice of an attorney specializing in employment matters can ensure you are in compliance. It also establishes a relationship with a suitable attorney should employment related disputes arise. A San Diego employment attorney is able to represent both employees and employers, although naturally not in the same cases. Of course, such situations present a conflict of interest. The only situation where such counsel would be advisable would be to validate and file employment related contracts between the two parties. Although, both parties would be better served with separate representation. A specialty in employment law however, does not limit an attorney to working with only employers or only employees exclusively. The term employment attorney merely means they specialize in employment law. An Orange County employment attorney not only is knowledgeable in employment law, but also has experience specific to the San Diego area. These lawyers are familiar with the court systems, judges, and other officials with whom most disputes would be settled. Likewise, most are familiar with local Department of Labor policies and practices as they relate to employee-employer disputes. As such, when looking for an employment lawyer, a wise individual would start their search with local attorneys in the Orange County or San Diego area. Such attorneys provide the most experience and therefore the best value and advice in terms of the local employment climate. posted by employmentattorney at 06:48:29 PM \| permanent link \| 0 comments Have You Been Denied The Right To Return To Work? Tuesday, August 24, 2010 Employment attorney San Diego receives dozens of phone calls a year from employees throughout California, who have been denied the right to return to work at the end of their approved leave periods. It is important for employees to first understand and review the situations in which an employee may lawfully be barred from returning to work. According employment attorney Orange County, an employee may be denied return to work if a fitness for dutycertification is requested but not provided. The employer must have a policy of requiring all employees out on approved leave (such as Family Medical Leave or California Family Rights Act). It may not be applied to just one or two employees that the company is trying to keep out. Also, any fitness for duty test must be conducted by a medical provider, not a non medical provider such as an occupational therapist. Finally, an employer may ask for re-certification every 30 days if an employee is out on intermittent or reduced schedule FMLA leave, if reasonable safety concerns exist regarding that employee's ability to perform duties, based on the condition for which leave was given. Higher level, salaried employees may be denied reinstatement following leave if they are a "key employee" says employment attorney San Diego. The employer must show that re-instatement would result in substantial and grievous economic injury to the employer. The employer must--before the leave is taken--advise the key employee of their right to forget the leave or to return. A key employee is one who is in the top 10% of paid employees within 75 miles of the employee's work-site. This may apply to high level administrative, technical or salaried sales employees. In short, to anyone on salary earning in the top 10%. The injury must involve more than mere hardship or inconvenience to the employer but rather substantial long-term economic harm. A key employee is entitled to notice, which must be written. A failure to give notice in person or by certified mail will result in a denial of the employer's right to deny reinstatement even if substantial economic hardship results. To see whether your case qualifies for a free initial consultation, contact an Orange County employment attorney to see whether your case qualifies for a free consultation. posted by employmentattorney at 06:46:36 PM \| permanent link \| 0 comments San Diego Labor Law Wednesday, July 28, 2010 Law is a very vast subject which has various branches or sub-laws falling under it. The most common laws that we hear in our daily lives include civil law, criminal law, labor law, family law, and taxation law. In many countries, lawyers work on a wide range of cases falling under labor law. Labor law implies cases related to employment issues such as discrimination based on gender, race, harassment of any kind, wage discrimination, gratuity benefits, termination, pension, slavery etc. These cases are sometimes very complicated and require thorough investigation to reach an outcome. San Diego labor lawyer are experts in labor laws confirming to the best law practices available. The employment issues of any organization are best addressed when the healthy practices of gender equality, ethical working hours, long term employee benefits, equal opportunity of growth, and retirement solutions are taken care off. It is seen that due to the pressures of unemployment, low growth rate, and monetary policies of the organization, the employers often neglect even the basic individual employment rights. These may include working hours, safety, low wages etc. To address these issues, a San Diego employment law attorney can definitely help out if you have a good case to pursue against the organization. However, more important than that is individuals own knowledge about basic labor laws that govern daily lives. As some of the lawyers represent both corporate and individual clients, it is advisable that before hiring a lawyer, you should also be clear that the law attorney you are going to hire does not have contradicting views regarding your work place. You should also be certain about the law attorney’s position on cases of harassment, discrimination, abuse, and work environment. Lawyers usually deal with a lot of cases dealing with race and age, sexual harassment, safety negligence, slavery, wages etc. As these cases are extensive and involve a lot of details and time; it is always advised to takes the services of a well-known law wrongful termination attorney orange county. A San Diego wrongful termination lawyer will suggest you the best way out. posted by employmentattorney at 06:31:36 PM \| permanent link \| 0 comments	Archives August 2010 July 2010 June 2010 May 2010 Recent Entries Employment Attorney – Protect Your Rights Have You Been Denied The Right To Return To Work? San Diego Labor Law San Diego Labor Lawyer Are You Getting Paid Properly? Know What Employment Attorney Can Do For You Links QQBlogs Google SecurLogic

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