need Legal help!

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need Legal help!

Postby queen_o_sheba » Tue Sep 04, 2012 9:21 am

I have a chronic medical condition and had a flare up on playa making me unable to travel home on Thursday. I am out on legal disability and have MUCH medical documentaion on file. My spouse, also on playa, needed to be back at work on Friday. Since we didn't have cell phone service, we sent a message with a friend who was going off-playa to our housesitter asking her to email his boss explaining. As it happened this was on Thursday morning before the gates closed. Even if I had been able to travel we wouldn't have left until after the Pershing County gate closure and so would not have been able to exit. I didn't seek medical attention on playa as it IS a chronic condition, and I know what needs to be done.

My husband's HR department is saying that the email from the housesitter was insufficient, it is being considered a "no show" day. They say they will NOT accept a medical note from my primary doctor, only a doctor from BM on THAT day. They have sent him home today while they discuss "what to do". This is in California.

It seems to me he is protected by FMLA since he HAS discussed my medical condition with HR in the past. It also seems to me that this HR director is way out of line and taking it personally. We need to know what legal recourse we have in this matter, especially if they decide to fire him.

We would like to find a burner-friendly lawyer in So Cal (San Diego would be awesome) to help us with this.

HELP! (and much dusty thanks)

Sheba
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Re: need Legal help!

Postby usurpedus » Tue Sep 04, 2012 1:59 pm

im also looking for legal help..

ive searched through these forums and cant seem to find any legal resources to be recommended.

im looking for a criminal attorney who specializes in BM cases.. please PM me! or provide your recommendation on this thread.. thank you
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Re: need Legal help!

Postby urvile » Thu Sep 06, 2012 12:44 pm

For criminal legal assistance, contact Lawyersforburners. They can provide pro bono legal assistance for criminal matters. Also, fill out a Law Enforcement Agency Feedback Form, it helps the org in working with law enforcement out there. Be as specific as possible. http://www.burningman.com/on_the_playa/le_feedback.html
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Re: need Legal help!

Postby urvile » Thu Sep 06, 2012 1:12 pm

This may well be a violation of both State (CFRA and similar) and Federal (FMLA) employment law. The issue may boil down to documentation/proving that you had a legitimate flareup of your condition, triggering the "in loco parentis" provisions of the FMLA or similar state legislation. If you want to lodge a complaint, the Wage and Hour Division of the Dept. of Labor would be the place to start.

If punitive action is taken against you or your husband as a result of a qualifying illness or disability, you should definitely seek legal assistance, or at the very least lodge a complaint with the appropriate State and Federal agencies. If you are in the Bay Area, PM me and I may be able to provide further assistance. If not, you may want to talk to a qualified, licensed, legal practitioner in your area.

In the meantime, please take a look at the following links, as they may help you understand the situation.

http://www.workplacefairness.org/family ... ree=yes#10

http://www.workplacefairness.org/family ... ree=yes#27

queen_o_sheba wrote:I have a chronic medical condition and had a flare up on playa making me unable to travel home on Thursday. I am out on legal disability and have MUCH medical documentaion on file. My spouse, also on playa, needed to be back at work on Friday. Since we didn't have cell phone service, we sent a message with a friend who was going off-playa to our housesitter asking her to email his boss explaining. As it happened this was on Thursday morning before the gates closed. Even if I had been able to travel we wouldn't have left until after the Pershing County gate closure and so would not have been able to exit. I didn't seek medical attention on playa as it IS a chronic condition, and I know what needs to be done.

My husband's HR department is saying that the email from the housesitter was insufficient, it is being considered a "no show" day. They say they will NOT accept a medical note from my primary doctor, only a doctor from BM on THAT day. They have sent him home today while they discuss "what to do". This is in California.

It seems to me he is protected by FMLA since he HAS discussed my medical condition with HR in the past. It also seems to me that this HR director is way out of line and taking it personally. We need to know what legal recourse we have in this matter, especially if they decide to fire him.

We would like to find a burner-friendly lawyer in So Cal (San Diego would be awesome) to help us with this.

HELP! (and much dusty thanks)

Sheba
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Re: need Legal help!

Postby CitizenRandom » Sun Sep 09, 2012 10:12 am

Id love a California/Nevada divorce and custody lawyer myself- Burner husband- 12 years- kids- he took everything..where are the shiesty mouth pieces when your NOT breakin laws but gettin reamed in a Playa mariage he claims was a sham but you beleived enough to ruin yer life? lol..hellllo?
yours in the flame
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Re: need Legal help!

Postby Quaneshia Honeycooch » Sun Sep 09, 2012 8:31 pm

So..... many....... victims.....
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Re: need Legal help!

Postby mdmf007 » Thu Sep 13, 2012 5:02 pm

I hope it all works out for you...
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Re: need Legal help!

Postby jerroc » Sat Sep 15, 2012 11:40 am

This sounds like the typical... I had a car full of drugs and got busted now I need legal help for this bullshit arrest. If you got busted with drugs you asked for it. If you got fired from work for skipping a week to go to burning man you don't need legal help. You just have to ask yourself... Was it worth it?
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Re: need Legal help!

Postby urvile » Thu Sep 20, 2012 12:53 pm

jerroc wrote:This sounds like the typical... I had a car full of drugs and got busted now I need legal help for this bullshit arrest. If you got busted with drugs you asked for it. If you got fired from work for skipping a week to go to burning man you don't need legal help. You just have to ask yourself... Was it worth it?


I see, so the 4th, 5th, 6th, and 14th amendments stop applying because someone gets popped for drugs at Burning Man? The FMLA, CFRA & FEHA stop applying if they take place within the context of a vacation in the desert?

No...they really don't. Those are real laws, and real rights, and they don't stop existing inside the BLM closure area.
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Re: need Legal help!

Postby Lonesomebri » Thu Sep 20, 2012 2:27 pm

jerroc wrote:This sounds like the typical... I had a car full of drugs and got busted now I need legal help for this bullshit arrest. If you got busted with drugs you asked for it. If you got fired from work for skipping a week to go to burning man you don't need legal help. You just have to ask yourself... Was it worth it?


People probably also had the audacity to stand during the Temple burn.....the Constitution shouldn't even apply to such types, huh, officer?
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Re: need Legal help!

Postby jerroc » Thu Sep 20, 2012 3:01 pm

There are legal loops holes to rights and FMLA. Know you rights and use them. FLMA can be a tricky thing as it protects employers as much as it protects employees.

NOW SIT THE FUCK DOWN YOUR BLOCKING MY VIEW!
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Re: need Legal help!

Postby jerroc » Thu Sep 20, 2012 3:31 pm

CRFA & FEHA also have requirements that must be met in order to be eligible. Being sick, disabled or pregnant is not enough to qualify. Length of employment, how many employees the employer has, proper notification. How many hours worked in 12 months. Be informend and protect your self.
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Re: need Legal help!

Postby mdmf007 » Thu Sep 20, 2012 4:15 pm

So I reread the OP, and have to wonder, why would you assume that a note from a house sitter? would be enough to cover you under FMLA? Its pretty straight forward at the DOL webiste. Had you told Pershing county why you needed to leave, you would have been allowed out. Personally I think you have an uphill battle, but your mileage may vary.

Playing devils advocate here, your employer may simply say that your healthy enough to go to burningman, why excuse the absence?

http://www.dol.gov/whd/fmla/
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Re: need Legal help!

Postby BBadger » Thu Sep 20, 2012 4:48 pm

mdmf007 wrote:Playing devils advocate here, your employer may simply say that you're healthy enough to go to burningman, why excuse the absence?


I reread the OP too, and my conclusion is that the medical condition is a superfluous detail to what went down. What I get from it is that the OP went to Burning Man, needed to be home by Friday (and knew about it), sent a message home for the housesitter to relay to the boss (whatever good that would do), got stuck at the event until the gates were opened again, arrived home late without permission and the husband got fired.

So what did the medical condition have to do with anything?

Or is the OP just pissed that she didn't get a faked excuse from a real doctor? That a "housesitter" should have been enough?

If that's the case I'm siding with the employer here, as this dismissal is the result of employee irresponsibility, and had nothing to do with any kind of medical condition on part of anybody.

Burning Man is a reason, not an excuse. If you're arriving home late because of your vacation... well... that's just too bad. Deal with the consequences.
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Re: need Legal help!

Postby Candybox » Thu Sep 20, 2012 4:49 pm

The gates were only closed for two hours as well. Just sayin'.
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Re: need Legal help!

Postby mdmf007 » Thu Sep 20, 2012 8:56 pm

Candybox wrote:The gates were only closed for two hours as well. Just sayin'.


Apparently thats the two hours that made all the difference. :)
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Re: need Legal help!

Postby BBadger » Fri Sep 21, 2012 12:55 am

What kind of world do we live in when an email from a housesitter (instead of, you know, from the actual employee) isn't a worthy substitute for a doctor's note?

What next? The church won't accept indulgences written up by housesitters? This kind of shit started the Reformation you know...
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