I have an age discrimination case. Perhaps, not a strong
I have an age discrimination case. Perhaps, not a strong one. I resigned from my company,because I was getting abusive treatment, and did not want to endure the humiliation.After resigning, I asked for unemployment and received it.Now, the case is trying to settle. My company's defense is that I quit, and they said I wasa "valued" worker. I am wondering if this adds up. Why would a company readily acceptthe resignation of a "valued" worker, and then give him unemployment for a resignation.I understand that employees who resign are often pressured to resign, rather than havea "termination" status on their record. They could they get unemployment. But "valued"workers would be encouraged to stay on. I see my company's stance as a contradiction,an evidence of lying. Please respond.
I work for a hedge fund as a Compliance Officer. I started
Hi. I work for a hedge fund as a Compliance Officer. I started working there back in April of this year and the firm is located in Dallas, Texas. My boss, the CCO, has disparaged me in front of my peers many times and also wanted to speak to me about my resume, which she attached to the meeting planner when I started working at this firm many months ago. She then canceled the meeting and scheduled it for tomorrow. I think I'm going to get terminated soon, so just wanted to know if I had a cause of action for hostile work enviornment as everyone in the firm see's me in the same fashion she does. I have some documents depicting her rudeness but most of the abuse is verbal from her or my colleagues who are the same level as me. We all report into my boss, the CCO. I guess my question is should I quit or just have them terminate me and then see a law firm with my all my documentation in hand? I think this might constitute as a hostile work situation.Any help you can provide would be greatly appreciated.Regards,Raj
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I endured physiological abuse for over 2.5 years from a
I endured physiological abuse for over 2.5 years from a second level boss. I went into dissociation but as my health deteriorated over the years with no answers I went to see a mental health professional who diagnosed me with chronic delayed onset PTSD last year which was 5 years after the abuse endedApparently I didn't know till today that I would have had to file a complaint with the EEOC. Are there exceptions to the EEOC filing when delayed onset PTSD is involvedThank you
Breach of Contract: I was hired as a contractor. The company
Breach of Contract:I was hired as a contractor. The company released me from my contract (IC Agreement) on May 17, 2016 after working for them for 17 months.They breached the contract by not giving me a 30 day notice, as stated:"Commencement of Services; Term. Contractor shall commence the provision of the services on the date set forth on Exhibit A and shall continue performing the services until the indicated anticipated expiration date, unless sooner terminated as provided herein. This Agreement may be terminated at any time with or without cause by either party upon 30 days written notice, provided that upon such termination all materials of the Company in Contractor's possession shall be immediately returned to the Company. Notwithstanding the foregoing, Company may terminate this Agreement immediately without notice for cause, which shall include (a) criminal, fraudulent, or intolerable behavior, or substance abuse; (b) a material breach of this Agreement and failure to cure such breach within five (5) days after receipt of written notice thereof, or (c) the death or disability of Contractor."I brought it to their attention that we have a contract in place and they sent me a "Termination Agreement" stating that:1...."The IC Agreement ended by mutual agreement as of 5:00 p.m. on May 17, 2016" (They released me from my contract. I don't see how this was mutual)2. Consideration. Subject to the provisions of Section 4 below (Release and Indemnification) and in consideration of Contractor's execution of this Agreement and her full and timely performance of all of her promises and obligations in this Agreement, Client agrees to provide Contractor with the Separation Payment equal to compensation for one month, which is x amount.Contractor acknowledges that the Separation Payment is provided solely in consideration of (a) her execution of and compliance with the terms of this Agreement (b) the Confidentiality provisions set forth in Paragraph 6 of the Independent Contractor Agreement (Non-Disclosure Agreement), and (c) any Nondisclosure Agreement with Client.3. Voluntary Agreement4. Release of Indemnification5. Arbitration6. Entire Agreement. Contractor does not rely upon any representation or statement not set forth in this Agreement. This agreement supersedes any and all prior agreements... except any policy or agreement prohibiting disclosure of confidential business info or trade secrets of Client, including those set forth in the IC Agreement and any Nondisclosure Agreement between Client and Contractor.This is yet another agreement/contract they want me to sign. I don't think it is a good idea to sign it when (1) they did not honor the first agreement - the IC Agreement and (2) this looks to me like a completely separate contract that has nothing to do with making an effort to remedy the lack of providing a 30 day notice (and the monetary compensation that goes along with the 30 day notice).I think that if they want me to sign a Termination Agreement, they need to fulfill the original contract (the IC Agreement) first.Am I correct in seeing these two agreements as separate requests? What rights or recourses do I have?
I'm very confused and have been very mistreated. We do not
I'm very confused and have been very mistreated. We do not have an HR department. It's a seasonal business and the owners are offensive, insulting, abusing power through means that undermine and humiliate me. I get belittled in front of co-workers, have heard "rumors" spread about myself and my personal life OUTSIDE of work.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: I have a contract for full time employment.JA: Anything else you want the lawyer to know before I connect you?Customer: I have a meeting with the owner tomorrow and I am not sure what to say and how to defend myself.
If a employee ask a co worker a sexiest question on face
if a employee ask a co worker a sexiest question on face book not on company time, and nothing to do with the company with no harassment ever dose the company have the right to threaten the employee with sex abuse..... the question was what color are your panties....the female is a closet stripper hideing it from the company
I have well documented evidence of the harrassment and abuse
I have well documented evidence of the harrassment and abuse by management despite my #1 salesperson status for many months with my former company. There are multiple witnesses as well and then when I was forced to quit and gave notice, they backed up my termination date after I was promised my commission if I gave them the information for a large sale I had made and was finalizing the day after they backed up my termination date....
Improper labor law practice and pay. Not doing anything to
Improper labor law practice and pay.Not doing anything to protect employees from a confrontational, verbally abusive and outright hostile employee.Multiple documented incidence of harassment and verbal confrontation.To the point where I was left no chance other than walking away from being cursed and yelled at on multiple occasions.Amongst many other illegal operations.
I was hired on 6-21-16 at a nursing home as a registered
I was hired on 6-21-16 at a nursing home as a registered nurse. I have a remote history of substance abuse though have been clean since April '09. However, I have one year left of probation on my RN license in Michigan. I was a part of the Health Professionals Recovery Program quite awhile ago (3 yr program that if allowed to complete would have left my license completely free and clear. However, I was "kicked out" of the HPRP program with only about 6 months to go due mostly to a personality conflict with my case manager (I had random drug tests and never had anything but clean urine). Because of this fact, despite 2 appeals by myself which were both denied, I had to appear before the board of nursing and because it had gone that far, I think even if they thought I wasn't deserving, some punishment had to be given. That punishment was 18 months probation and a very thorough evaluation by a substance abuse professional to determine if I needed further monitoring (this back in approx 2011). The results of that eval were that the counselor strongly felt I no longer needed any monitoring, but I did have the 18 month probation that would only count down if/when employed as an RN. Soon after, I was let go after almost 3 years though the reason was completely unrelated to substance abuse.This brings me to my current issue. After 3 years of being unemployed (difficult to even get anyone to even interview you when it lists "probation" when anyone polls up your license online), I was finally hired at this nursing home, though not before I fully disclosed all of my past history. I was hired for midnights though was required to train on day shift ( 12 shifts in which we were given only 2 15 min breaks and one 1/2 hour for a meal, which in and of itself I feel was not all the way legal on some level. But having not worked for 3 years, and being 50, as you can imagine it was difficult to get used to. But I worked HARD, literally not sitting down for 12 hours at a time except on breaks. I should also mention here that I was diagnosed, after a 5-6 hour day of testing, with ADHD by my psychiatrist and placed on Ritalin. I had never been employed while on this medication so that also took some getting used to (there a some side effects such as shaking and sweating etc) but I didn't want to go without it for fear of not being my most clear.Well after working there over a month, the Director of Nursing met with me in her office to say that "all" of the nurses I had trained with thus far had complained that I was 'jittery, jerky and very scattered" while working with them. For one thing, I sincerely ***** ***** was ALL of them, because I did get plenty of positive feedback from some of the nurses, and neither the Director or her assistant (the one who actually interviewed me and subsequently offered me a job within 10 minutes of meeting her), had worked directly with me on the floor. So this information was all hearsay. In her office that day, r/t those complaints, she asked me to take a drug test under the "reasonable suspicion" tag. I agreed, and she drove me over there right then without any delay or ability to stop anywhere. I was not working that day, and had very important matters that needed my attention, but she didn't seem to care when I told her this. But I went anyway and tested and subsequently passed. There were 2 things found in my urine test, both of which I have valid prescriptions for and sent that information to the Occupational Health Doctor in charge of the results of that testing. (I had 4 shoulder surgeries over about a year and a half on the same shoulder and do occasionally, though rarely take a pain pill at night only.I called the DON after getting off of the phone with the Doctor, and asked her if she had been sent all of the information she needed to call the test good and she said she wasn't sure, that she would go check her mailbox and call me back.Upon the return call, she told me she got the results and that it was everything she needed and that was good, but she was going to let me go anyway as she felt "it just wasn't working out". I begged her to give me another chance, that I HAD been working very hard and that any complaints anyone had were only most likely related to my Ritalin and that I would talk to my psychiatrist and see what we could do, but she just kept repeating "I'm sorry, it's just not going to work out."I really feel I got the shaft, so to speak. Is there anything I can do from a legal standpoint? Anything with the Americans With Disabilities Act related to my history of Substance Abuse or ADHD? I just don't want to take this lying down if there's anything I can do. I spent 3 long years applying to MULTIPLE jobs while financially, we got further and further behind on our bills and was finally able to feel like a contributing member not only to our household expenses, but also a contributing member of society and I know I was doing very well.Please help me with any advice you can offer me. I would very much appreciate it!!Thank you