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Recent employment law questions
I was a telecommuter out of NH. I had traveled to NY over the holidays (12/12/
I was a telecommuter for Comcast out of NH. I had traveled to NY over the holidays (12/12/15) to be with my dying grandmother (fully intending on working). My manager discovered I was out-of-state and told me Comcast does not allow employees to work in NY (even though they do have employees in NY). I told them I would keep them updated and emailed them the following two weeks until I received a voicemail from the HR rep stating she needed to speak with me about employment status. I sent her an Email and demanded we talk on the phone, but I have panic disorder and anxiety, so told her I was having phone issues to attempt to keep the conversation in Email. The following week I received notification of termination for absenteeism. I filed for unemployment for NH, but I was denied and am waiting for an appeal. Any suggestions for winning the appeal would be great.
My current employer suspended me days without pay
My current employer suspended me for 30 days without pay without any assurance of either keeping or losing my job. I was given a letter by my supervisor to simply to leave campus and if I did in fact have questions I was to email or call. They did this because after meeting with me to see if I was ok after a personal issue incident, and me admitting to having PTSD and the issues that come with it, they decided I was a liability to the campus. What I can't understand is I was medically and mentally cleared that very morning of the incident, I have a 14 year work history without a single problem (first time this has ever happened to me) and my work performance was currently excellent (we had recently done our evals). My question is could they have legally done this? Should they have given me medical leave? Or maybe leave with pay while they figure it out. A follow up question is I want to get a employment lawyer but I live in a very small town where the community college has influence and association with a lot of people. If I get a lawyer to look into this, could they alert the college in any way even if I don't want them to? How can I make sure they don't?
Does an employee have the right to be notified of and be
Does an employee have the right to be notified of and be allowed to respond to a disciplinary action PRIOR to the discipline being presented by the employer?In other words: " tried, convicted , sentenced " before the employee has been given a chance to voice his side of the story.
Would the use of the words " constructive dismissal ", which
Would the use of the words " constructive dismissal ", which is exactly what my employer did to me (by definition), be considered inflammatory if used in my resignation letter? I work for a large hospital chain and am currently on FMLA because of a healthissue that resulted from the latest write up that was done.
I have used John thusfar who knows my most curent thread. I
I have used John thusfar who knows my most curent thread. I am currently on FMLA, about to put in my 2 week notice and do it absentee, as my blood pressure goes sky high when I am doing anything work related (text from work, writing/ revising my resignationletter, etc.Hostile work place , also documented on an employee survey by entire therapy staff. My BP out of control is a huge health issue, not wanting to have a stroke. Boss has targeted me the hardest, although other therapists get write ups., all of usblind sighted when given. Lovely. I am looking at my employer's benefit website and see that I need to be be an "Active Pay Status" to receive COBRA benefits upon resignation. I will receiving regular pay and deductions ( medical,dental, IRA, charitable, taxes,etc) until about Jan 6 2016, using my EIB (sick time) for pay. I know this is all contingent upon FMLA continuation approval and I see my MD on the 10th. Employee handbook says I can use PTO after eib is exhausted, but I want the big check to live off of.I cannot find this definition in a regular google search. Am I on active pay status by definition?
What do you do if an employee has not been to work in 4 days
What do you do if an employee has not been to work in 4 days and now is becoming threatening and wants a termination letter ASAP. She was not terminated to begin with. She became upset when I told her I was going to train a new person for back up and she called out on a family emergency. I did not hear from her again until two days later and she texted she would be out on Friday. This morning, she accused me of ignoring her calls all weekend (I did not receive any calls) and she now wants a termination letter. She is now claiming after 4 years that she never got a lunch break which is absurd. I had no plans to fire her and I feel she is using this as an opportunity to cause me trouble and to collect. What should I do?
I was terminated from my job and my employer gave me no notice.
I was terminated from my job and my employer gave me no notice. I understand the employment at will scenario. However, I need to explain a couple of things first so you can better understand my situation.I am a 54 year old black male who was employed as a supervisor. I was the only black supervisor at the time in this company. I missed three(3) consecutive days of work that were excused for personal business. After contacting my employer to let them know when I would be able to return to work they basically told not to bother because I had been terminated.I have experienced several excessive absenteeism cases since being employed with this company involving fellow supervisors that were all handled differently than mine case. The supervisors that missed work were gone several days to weeks even without being terminated. All of these supervisors were caucassion. I was the oldest supervisor from this group of aforementioned individuals. The only disciplinary action that any of these supervisors received was to be placed on a probationary status with an agreement to not miss any more time within a period predetermined by management. I was not given such an option. I begged the company president to give me the same option and his was reply was that "the other cases were different". He then told me that I could reapply immediately, which I found odd but did anyway, only to receive a letter weeks later from Human Resources stating that they were looking for someone different.When I tried to apply for unemployment my employer claimed that I was guilty of "misconduct" and "excessive absenteeism" as being the reasons for my dismissal. The unemployment office could not find any validity in the claims made by my former employer and awarded me my unemployment benefits. If I had violated a company policy in any way I would think that my claim for benefits would have been denied.My question is in your opinion do you think that I might have been wrongfully terminated or discriminated against in any way?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I was a vendor working at a client site. I got hired May 26th.
I was a vendor working at a client site. I got hired May 26th. I was diagnosed with breast CA in June and subsequently had biopsies, lumpectomy and in July had an infection for the whole month, however, I continued to work the best I could. It was a hostile working enviroment which the manager was not caring and said I missed to much work for the client. In August my husband had a heart attach and they diagnosed me with Braca1 gene requiring a masectomy and my ovaries to be removed. I did not do the surgeries, but had consultation after work, however on 10/2 I was told the client (IBM) was not satisfied with my work as I missed to too much work and I should take time off to take care of myself. I have fellow employees who can speak to my performance and the best I could do under the circumstances. I don't know if the company manager, should have been more caring or not, however, I did the best I could with the health situation. I have hospital, Dr and written excuses for all of the events.
Employed by county, stationed at Highway Patrol office as SgtView more employment law questions
Employed by county, stationed at Highway Patrol office as Sgt secretary. NO county supv, NO county department head -- told for 5+ years Sgt was my only supv. Husband's health issues caused me to miss a lot of work -- Sgt was fine, no reprimand, no counseling. I kept him informed continuously. Faxed timesheets to County biweekly, showing all absences. This has been going on most of this year. No counseling/discipline/comment from County. On Oct 1 I was given a County supv and on Oct 2 he came to my office and terminated my employment for excessive absenteeism. I asked if there was any way I could salvage my job and he said no. He said I could work till 10/23 and then it was over. Wrongful termination? County handbook says counseling and disciplinary action with termination to follow if no improvement in attendance.