Gloversville, NY asked in Employment Law for New York

Q: I work in HR, and I have an employee who is on intermittent FMLA. They mentioned quitting, what else should we do?

The EE received their rights and responsibilities under FMLA. However, this EE likes to "play chess" in a sense that they may potentially come after us even though they voluntarily resigned and we have followed the law and rules to a T. We informed them of what their leave is allowed for and for how long under I-FMLA cert. Is there anything else we can do to protect ourselves in case they come after us legally?

Related Topics:
2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: Have you requested the employee to sign a general release and waiver of their right to sue you? Of course you would offer them some adequate consideration in return, which may be almost anything of value. And remember, every employee now has at least 21 days by law to sleep on, consider your offer. It is a minimal, mandatory period of time in New York.

You really should retain an employment lawyer to help you. Given COVID, and how the practice of law has changed, you have an entire State of skilled, potential employment lawyers to choose from; at least those who have not represented this employee or have no other conflicts of interest.

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
Answered
  • Morristown, NJ
  • Licensed in New York

A: More facts are needed for an attorney to suggest the right course of action. I suggest you retain one.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.