Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, October 1, 1995 TAG: 9509290073
SECTION: BUSINESS PAGE: F-4 EDITION: METRO
SOURCE: CAMILLE WRIGHT MILLER
DATELINE: LENGTH: Medium
A: Your problem's more complex than a powerful employer. Jim Guynn, a principal in the Roanoke law firm Guynn & Britt, notes that ``not every attorney is familiar with workers compensation.'' Guynn also suggests that because lawyers usually ``end up dealing with insurance companies anyway, economic and political power is nigh on to irrelevant.''
Beyond finding the right lawyer, Guynn says that ``workers compensation guidelines are very specific. Not every injury which happens at work falls within those guidelines.'' While the guidelines specify coverage for an ``injury by accident which arises out of and in the course of employment,'' it is ``very fact-specific about what was occurring at the time'' of the accident. Your case may have been rejected by attorneys based on your description of the incident.
If you continue with efforts to recover compensation for work injuries, find a lawyer with expertise in workers compensation. State up front that you want to file against ``X Company'' and ask if the lawyer has a problem with that. Present the case and ask if it has merit. If the reply is no, ask for a specific explanation. Seek a second opinion. If both agree, your case doesn't have merit - you may have been treated badly by your employer but that isn't sufficient to take a case to court.
In your search for justice, keep an open mind. If your case has merit, you'll find representation. If you can't gain representation, discover why. The answer isn't as simple as an employer's power.
Q: I started a new job in May. In June I learned I'm pregnant. Do I qualify for leave under the Family Act?
A: The Family and Medical Leave Act of 1993 allows employees to take up to 12 weeks of unpaid leave during a one-year period for the birth of a child; adoption of a child; placement of a child with the employee for foster care; care for a spouse, child or parent with a serious health condition; or care of a serious health condition that makes the employee unable to work.
Family leave must be offered by most public agencies and by any business that has employed 50 workers or more for 20 weeks of the current or preceding calendar year.
To qualify for leave, a worker must have been employed for at least 12 months and worked at least 1,250 hours.
Most employees who take leave are entitled to return to their same position or to an equivalent position with the same benefits and pay. Seniority and other benefits do not accrue during the leave.
Given your length of employment, you won't qualify for Family Act leave. No laws require employers to offer paid maternity leave, but many do. Further, pregnancy and childbirth are technically considered a disability, so you may be covered if your employer offers paid disability leave. Talk with your personnel director to determine what specific benefits and arrangements are available.
Q: I received an angry memo from a colleague. Am I justified in writing an equally angry response?
A: Writing an angry response releases anger; however, sending one is unhealthy. Angry memos escalate conflict, further strain working relationships, and reduce professionalism.
Destroy your response. Drop by the author's office. Say the memo upset you and explain why. Ask if that's the response he wanted. Chances are, you'll receive an apology and an explanation. The explanation will likely include such things as increasing stress, over-scheduling, etc. Accept the apology.
If there's no apology, you've more serious problems to be dealt with than just the memo.
Your reaction highlights why you never want to write an angry memo - those documents diminish professionalism and call one's ability to work well with others into question.
by CNB