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Recent Absenteeism questions

From Iowa---An employee who walked off the job without

From Iowa---An employee who walked off the job without notice is demanding her paycheck but she hasn't yet provided her social security number and she moved just after being hired four weeks ago and hasn't provided her address either. She also borrowed some brand new cookbooks (we are a restaurant) she hasn't returned. We are stating she must return our property, provide her social security number and address to receive her check. Are we correct in our position. she doesn't want to provide any of this. Can we deduct the value of the books from her paycheck?

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Loren

Juris Doctor

37,102 satisfied customers
My boss has no attendance policy in place. A good employee

My boss has no attendance policy in place. A good employee missed a day after having surgery because she was in too much pain to walk. Her job is all standing. Today he presented only her with an "attendance policy" and made her sign it. She is never sick and often covers for other people. Is it legal to select people out like this?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
My sister will be at her current job 1 year in October. She

My sister will be at her current job 1 year in October. She was diagnosed with Colon cancer within the past 3 months and is undergoing Chemo. Her boss has always been abusive but his abuse has ramped up since her treatment started and is threatening termination, unjustifiably so.This is a horrible situation for her to be in. She has not used any time except what was accrued for her surgery and chemo treatments. She is petrified of being fired and will not be able to continue her cancer treatment if she is. Please help me to understand her rights and what she should do to protect herself. Thanks. She works in PA.

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Taylor

Attorney

Juris Doctor

408 satisfied customers
I am employer in Florida. Can an employee in supervisor

I am employer in Florida. Can an employee in supervisor position be terminated for texting on company phone during work hours with a temp employee engaging in disrespectful conversation over 3 months ago? The texts were about the owner. The supervisor failed to delete and texts were found by another employee and brought to owners attention.JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Because employment law varies from place to place, can you tell me what state this is in?Customer: The found texts were discovered yesterday but happened over 3 months ago. We feel that this had been going on for a while and they missed these in the company phone.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: This supervisor is a rehire. I know they will go to unemployment. I want to make sure my reason justify cause since these actions are not in company''s best interest.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Marsha411JD

Doctoral Degree

18,950 satisfied customers
I was a telecommuter out of NH. I had traveled to NY over

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.

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Infolawyer

Attorney

Juris Doctor.

37,614 satisfied customers
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.

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Loren

Juris Doctor

37,102 satisfied customers
Would the use of the words " constructive dismissal

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.

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Patrick, Esq.

Doctoral Degree

17,812 satisfied customers
I have used thusfar who knows my most curent thread. I am

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?

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37,964 satisfied customers
I was terminated from my job and my employer gave me no

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?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,080 satisfied customers
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