Legal Question in Medical Leave in Indiana
deny raise due to use of FMLA
Can my employer hold my time off during FMLA(treatment for cancer)against me on my evaluation?And if I sign the evaluation form does this mean I agree with it?
Asked on 12/09/03, 3:39 am
2 Answers from Attorneys
Mary J. Hoeller, R.N., J.D.
Attorney At Law
Re: deny raise due to use of FMLA
If the (unfair) evaluation is in retaliation for you having taken the FMLA leave, then the answer is that you may have a comnpensable cause.
Answered on 12/09/03, 6:49 am
Kenneth Lauter
Kenneth E. Lauter, PC
Re: deny raise due to use of FMLA
No; and No(unless the wording of the acknowledgement specifically states that you agree with some factual misrepresentation. Without some independent consideration, you are not able to waive your legal rights under the FMLA).
Answered on 12/09/03, 8:33 am
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