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Recent employment law questions
This is an update of my case and i want you to advise me on
This is an update of my case and i want you to advise me on whats the best route to take. I got a letter of reprimand from my principal and my attorney responded to that by asking them to provide a copy of the interviews conducted as investigations and withdraw the letter of reprimand or we will file a grievance. The lawyer of the school district on the side of my principal replied by offering a proposal that in leiu of me filing a grievance, they are willing to withdraw the letter of reprimand and give a positive recommendation. I asked my lawyer to write and asked for the case to be dismiss as well because they couldnt provide me with copies of the results of investigation they conducted if they really did.They replied that they wont dismiss the case but theyre willing to withdraw the letter of reprimand. Should i forego of the grievance and accept their proposal? If the case is open what else can the district possibly do against me?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
Plant Closure and Pension Question: Can I technically extend
Plant Closure and Pension Question: Can I technically extend my June 30, 2016 severance date by initiating a legal process? It seems that I need less than 4 months to qualify for full pension. The basis for lawsuit isnt the question; I want to know if I can achieve my goal on technical grounds of the lawsuit?However, the basis of a lawsuit may be as follows:The Company, via the Union, negotiated terms having to do with plant closure provisions. The provisions promised that the Company would counsel Labor in regards ***** ***** The Company has not provided anysuch services in regards ***** ***** pension other than have an HR person, who now no longer works here, give us incorrect information or deferred responses such that, two weeks prior to layoff, we still are hunting through Pension legal jargon in order to discover our status. The company has however very graciously provided other promised services such as Unemployment Insurance, Keep Your Home California, and Resume seminars.If the Union would have initiated Pension education / counseling prior to 2016 in light of having informed us of plant shutdown, we would have been able to see that some of us, such as myself, could have been able to bridge the gap to full retirement by making the right moves of working more overtime and accumulating more vacation and personal time to then sell back to company.The union and company both have a history of abandonment / dereliction and have not acted in good faith to assure Labor employees of upholding their ends of the bargain. I can provide the abandonment / dereliction information later if interested. Ultimately this results in myself and perhaps others not being able to reach full pension benefits after 25.5 years of service.
Just a quick question... How can a trucking company charge
Just a quick question... How can a trucking company charge you with abandonment when you deliver a load and are on home time. The company tried to give me 2 loads after? I am now on the road to turn in truck. Not abandonment in my book. Also gave out false information on my employment history to a potential employer. Said I quit in Nov 15, but I am still employed with them until tomorrow.
Work currently has outbreak of NOROVIRUS...I work
Work currently has outbreak of NOROVIRUS...I work for retirement Community and in the last 24 Hours 17 residents and 2-employees so far have contracted this virus. I was told today that I am expected to come to work to help management cause they are short staffed. I'm in sales. Can I be forced to come to work at the risk of probably getting sick?
I live in Virginia. I am looking way to get
Hello. I live in Virginia. I am looking for a way to get out of my contract earlier than what my employer is asking. They are stating that the consequences will be reportable to my next employer as well as to a national data bank for "abandonment". None of the items listed in an email for ramifications of leaving earlier are not in the contract. If it is not in the contract, can the employer still do/say anything?
I have an employee is has not shown up since Friday.
I have an employee is has not shown up for work since Friday. Her days she so far has taken off are Friday, Saturday and today Tuesday. She is only texting this to an employee who is not a manager nor her direct supervisor. How do I proceed? Thank you Tami
My boss kept me late meeting, in which I notified him
My boss kept me late for a meeting, in which I notified him during it that I had a set amount of time before an NRC Federally Mandated Fire Watch round was set to be due at the nuclear plant with which I work. I made my boss aware of this during our meeting (proof of this exists). The round was completed late, but the incident mitigated without penalty or fines. All the same, my boss decided to pursue discipline actions against me for the incident, stating "he was not made aware of my round being due, during our meeting" by me and that "I should have told him during out meeting", (as I said, I have recorded proof to claim the contrary). It was not until I sent him an inoffensive email days later which I explained he should readily make himself available to our employees when we have questions, that he took offense to this, and (my claim) decided to retaliate against me by stating the late fire watch round from the week before was the reason he had decided to suspend me for two days. I live in North Carolina (one-party consent state), but unfortunately I am AT-WILL contractually hired which I feel may give me no solid ground to stand upon. This is an isolated documented incident amongst others I have recorded. I reported that we (our work group) were placed under time pressures to which could affect our ability to perform these mandated fire watch rounds to our onsite Employee Concerns Representative. I feel that since I did this a week prior, that this was also a factor in my being suspended under what I thought was a site policy protected right to claim possible issues that may affect our ability to complete our jobs. I have further evidence where employees related to the boss (sister-in-law) have either abandoned these fire watch rounds (because the boss's wife received a DUI, and the sister-in-law decided to randomly leave the site, then come back two hours later and falsify time sheets) which put us in potentially adverse conditions in which rounds could possibly be missed. I have documentation of these events, but still feel that if I was to bring it to my bosses boss and the hostile work environment that his personal life is inflecting upon work; that I could be given some reason not protected by the EEOC with which to be let go, since as I said I am AT-WILL hired.
I had an employee who was due to return from their vacationView more employment law questions
I had an employee who was due to return from their vacation on Monday,. They called out of work on that Monday with personal issues. The employee was then scheduled to work on Tuesday, Wednesday & Thursday. The employee failed to show up or call out for any of the three shifts. Later the evening on Thursday past the scheduled time to work the employee called their Boss to ask where their paycheck was. The boss explained to the employee that they had their check and that they could pick it up the following day and to bring their uniforms with them. The employee came to work on Friday to get their pay check. Once they arrived at work the employee was asked to meet with their two bosses and human resources. When the employee entered the office they smelled strongly of alcohol and were slurring their speech. The boss said to the employee that we considered this their resignation since they stopped calling or showing up for work. The employee said they were not resigning that they were being fired. The boss went onto to explain to the employee that they were not being fired and that if they wished to get assistance with their drinking issue that the boss would help the employee get into a rehab facility. The employee said that they had the issue under control and did not need the bosses assistance with seeking rehabilitation. The boss stated to the employee how could they say that when they currently reeked of alcohol and the boss again offered to assist the employee with getting help. The employee again said no they did not want any help. Then the boss stated to the employee that the only reason you came in today was to tell us that you were fired so you can collect unemployment. The employee said yes what else were they supposed to do until they can find another job.The employee has had many past issues with attendance due to their personal issues. The employee was given the employee handbook which they read and signed. The employee handbook clearly states that three consecutive days of unexcused absences (no call/no show)will constitute job abandonment, a voluntary separation of employment. The employee was explained this again on Friday and signed the written warnings showing his three consecutive days of unexcused absences.The employee did file for unemployment which we are currently disputing.My questions are: Can I send all of this information about the employee's drinking and the offer of rehab to the unemployment office without violating any of the employees rights? Does what happened constitute a resignation or termination?