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Recent employment law questions
I retired from the California University system on October
I retired from the California University system on October 1, 2015. The retirement service misfiled or lost my paperwork and wouldn't speak with me until I had not received a check for 60 days. When I was finally able to speak with someone that would look into the problem, I was told the confirmation was not sent and I would not receive a check until January 1. In addition, I retired because I needed to have knee replacement surgery in September. Because the retirement paperwork was not sent, all my medical benefits were cancelled on November 1 and I was unable to complete my physical therapy or get pain medications until the local (Davis, CA) benefits office stepped in and reactivated the medical benefits. I cannot make my house payment and have spent most of my savings and withdrew money from my 403b to live on. Christmas is ruined and my health is not good from the stress and uncertainty of all this.
I was on vacation, got back and the night before I was to
I was on vacation, got back and the night before I was to return I received an email from my boss, asking that I meet her in HR. I asked what was the issue, she claimed she didn't know. Got there that morning and was blindsided by the fact I was being placed on administrative leave after being accused of creating a hostile work environment due to some sort of sexual misconduct.I asked for further clarification, none given. They took my badge and office keys. Promised to keep things as confidential as possible. That hasn't happened, as I have received a couple of communications, one from an employee who doesn't work in my department telling me since I was in radiology any longer then it was best for me not to play fantasy football. That doesn't sound like being keep confidential.I have been sick, but was trying to make it to the end of the year given we are in the process of buying two new CT Scanners, given I am a manager, felt like that was the fair thing. But, I planned to take disability at that time. Given the stress of these events my PCP has recommended that I go ahead and take disability.I have short and long term coverage, so regardless of anything else I am talking disability due to OA in both knees, hands, cervical and lumbar spines, feet and SI joints.However, I don't want the past six years of my life be ended by false malicious lies. However, thee is no way for me to go back, as I would be afraid that anything I did would be right back on me, and just want no part of that.Therefore my questions, what, if anything, should I do? Additional, what's the best way to protect my rights, especially related to defamation of my character? Lastly, I have almost 350 hours of PTO. I want to make sure that I'm given that time, in full, at my current rate of pay, which is a little over $46 per hour. In addition, want to ensure that I get my 403B account fund's.Know this is a lot, but the main point is I want to ensure that my family and I are protected as much as possible.Thanks, appreciate your time and support.
Can my divorce attorneys garnish my 403B retirment to
Can my divorce attorneys garnish my 403B retirment to collect money I owe them from my divorce? Details are that I divorced and I have a bill of $250,000 after paying my attouneys over $190,000. Exhusband won't pay child support, alimony or any of thethe over $250,000 of money judgments I was awarded. Now my attourneys are sueing me for payment.
I have a 403b with my employer that I would like to rollover
I have a 403b with my employer that I would like to rollover to a 401k. The plan I am now in has a rule that I cannot access any of my money or rollover to another plan until I leave my current employer, the State of NJ. I do not want to leave my employer as I would like to continue to pay into my current pension plan until I retire. I am 61.5 years old and plan to work until age 66.Are there any loopholes or ways around the rule that would allow me to access some of the funds or rollover into a 401k?
I'm a nurse working for a health care system that has three
I'm a nurse working for a health care system that has three separate locations with three separate union contracts. I have moved from one campus to another and therefore, I am now under a different union contract. At the first location, I was considered an employee of the city and had money put into a pension. Now that I'm at another location, they don't have a pension fund, but I contribute to a 403b. I recently received a letter from the city saying that since I have separated from that employer, my pension will no longer be earning interest. My employer won't allow me to take that money out and roll it over into my 403b, and I don't understand why. I will be working for another 15 years or so and it is a significant amount of money. It seems silly for that money to sit there and not make any interest. My question is, do I have any right to that money at this time? I'm 53 and need to maximize my retirement savings as much as I can. Thank you for any help/advice you can give me.
I am a professional firefighter on a 24 day work cycle. My
I am a professional firefighter on a 24 day work cycle. My employer paid me for overtime at 1 1/2 x from 4/2011 to 1/2013 based on my hourly wage excluding my incentives. It was negotiated between my union and employer in April of 2011 to reduce costs during the recession. We now know that it was a violation of FLSA and a lawsuit was filed in January of this year. My employer and union agreed the practice was wrong and fixed it. They began calculating correctly in Jan of this year.Now the hard part.In a settlement agreement between my union and employer they are in agreement to pay my back wages to make me whole. BUT they state that they are going to withhold about half of the money owed ($16,000) due to offsets . I worked over 4000 hours in overtime during that 33 month period. They explained that offsets were allowed under the law because I was paid 1 1/2 x even if I took time off and therefore did not meet the minimum hours worked to be paid FLSA . Take a day of vacation, work a day of overtime, you get straight time not 1 1/2 x. That's the law they say.I don't disagree with that. They are meeting their obligation according to the FLSA law.Since 2004 I have had a contract that states,overtime pay- Section A .All hours worked which are not during the employee's regularly scheduled hours SHALL be paid at 1.5 times the employee's normal rate of pay.Section B .For the purposes of Fair Labor Standards Act (FLSA), compensable hours WILL be considered work hours.That is the background, this is my question.In this case, my contract provides me more than the law, doesn't my employer need to honor my contract? or can they fall back on the law and pay only what the FLSA law states they must?Side note , since 2004 up to and including today, I receive about $200 per month in FLSA pay and 1 1/2 x on all overtime regardless of wether or not I take time off. They are choosing to violate my contract and pay the minimum allowed by law only for the 33 months that they were breaking the law to avoid paying more.
My job has been eliminated due to reorganizationView more employment law questions
Hello, My job has been eliminated due to reorganization in the school district. I am eligible to take a ESP, Early Severance Package, that is an annuity paid by the District in 96 payments, into a 403b. I will not be able to draw it until I am 61 years old. My question is, if I take the annuity will this be considered quiting my job and will I be able to draw unemployment benefits until I find another job?