Employment Law Questions? Ask an Employment Lawyer.
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
This is a common question,
under the law an employer can regulate the hours of all employees, and force employees to take unpaid time off,
however if it is for a long time, the employee can apply for unemployment benefits,
Unless the employee is a contract or Union employee,
under current laws, an employee has limited rights to challenge such action by an employer.
I think they are just trying to get me to quit instead of firing me, I also have some unpaid vacation. If they do finally fire me at the end of the week , do they have to pay me that or do you think they are doing this to apply that to my pay prior to firing me? They fired 2 other employees last week.
if the employer has a written policy about paid vacation, if they terminate you they must pay you the vacation pay,
However if there is no written policy the employer can try to claim they do not have to pay it, as it was not part of any policy or written contract,
If they try to fire you, you can apply for unemployment benefits, as long as you do not quit, you would be entitled,
We have no employee manual and no signed contracts
In that case you would have to sue them in small claims court if they fail to pay you the vacation pay, or file a department of labor complaint
They went into our private emails and private facebook messages and read all our stuff, between me and the manager. Is that legal and can it be used against us
They cannot read private emails, facebook is possible but private emails cannot be looked into,
You can consider an invasion of privacy lawsuit can be made if they read private emails,
OK, they even went into the personal profile on the face book account of my manager and changed employment status from employee of to former employee of... how can they get away with that? And if they fire us can they say they are firing us for cause and not pay un employment//
They are not allowed to go into your facebook and change anything,
the only way they can claim they fired you for cause, is to claim you violated company policy,
so what do you suggest
it is a high burden for them to prove,
At this point, you may want to send a letter to the employer a letter stating you will be considering all legal options for them violating your privacy rights in terms of hacking into personal email and facebook accounts,
and see if they try to settle the matter with you
ok thank you very much
Good luck, and if you have any further questions please do not hesitate to ask.
If satisfied with our service please provide us with positive feedback.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).