Legal Question in Employment Law in California

California Labor Law (disparate impact)

I am a California Human Resources professional with more than 15 years of experience in the HR industry.

I now have a personal situation requiring legal assistance of opinion.

I have been employed by my current employer for approximately 18 months. Am on an intermittent FMLA due to 1. a terminal illness

2. the stress of current position is exhaserbating illness.

I will be going on a full time fmla on Feb 2, 2007. I could have worked a few more years but due to the undue stress my CFO is placing on me. ie. circumventing our Corp counsel and our CEO with HR policies and practices that go against either law or practice. I am going out now. I want to know if I have any grounds to sue or at least ask for a settlement. It is my opinion the the CEO is aware of what the CFO is doing but does not acknowledge it (he is an attorney from Kentucky). Most recently my CFO consolidated our FMLA policy and when the HR department brought to his attention that one of VP's that runs IT is not holding his employees accountable for vacation/sick time (they are all exempt) and we were told in no uncertain terms that nothing would be done. While I am held accountable for each and every hour I work under FMLA (I am exempt too)


Asked on 1/05/07, 5:01 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: California Labor Law (disparate impact)

If you are saying that you are treated differently, because of your illness, your leave requests, etc., then you may have a claim to pursue. Feel fee to contact me so I can get more information, in order to reach an opinion about it that is based on the facts. This area has been a speciality of mine for 20 years.

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Answered on 1/19/07, 3:07 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: California Labor Law (disparate impact)

There is obviously more to your story than is contained in the paragraph you wrote and no easy answer. Your case will need to be reviewed in detail by an experienced employment law attorney, who can evaluate your case and discuss your options.

Most lawyers will request you to prepare a chronology of the relevant events that have transpired, to help understand what has happened. You should start looking for an attorney in your area immediately.

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Answered on 1/18/07, 12:47 pm


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