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Recent employment law questions

My reason you is because I am interested in legal advice

Hello, my reason for contacting you is because I am interested in legal advice and/or representation for a grievance that I am filing with my school. I was recently dismissed from nursing school for being dismissed from a clinical site due to a breach of patient confidentiality. However, during this time, I was being taught using a training simulation and forgot to lock my computer. The student handbook states "unprofessional/inappropriate clinical or classroom behaviors/offenses that warrant immediate removal from clinical practicum and may warrant immediate dismissal....include....clinical affiliate ask that a student be removed from clinic due to unsafe practice."I do not think that having my computer unlocked while in a training simulation was a breach of patient confidentiality since we were working with fake patient information. I also believe that the handbook states "may warrant dismissal" meaning I didn't have to be dismissed. I was passing all classes and had no write ups of negative nature. I believe that they could have assigned me to a different clinical site instead of removing me from the program all together. Do you think that I have a case? Your input would be of great assistance.Thank you,Micheiia Murray

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Dwayne B.

Juris Doctor

 
33,852 satisfied customers
I live in NH. Was let go from my company "" in February, it

I live in NH. Was let go from my company "B" in February, it was part on a massive layoff and reorginization. I wasnt fired, my "position was eliminated", I was given 8 weeks of severance and had to sign a confidentiality agreement in order to get the severance. The day after my severance ran out, I began a new job in NY (I work in in NY 3 days a week and from Home in NH the other two days).Id like to hire a low level employee from my old company. She would move down to NY permenantly. She contacted me the day I was let go and asked me to hire her once I found another job. She went to scholl in NY and wants to move to a city, as well as her new job at "B" changed during the reorg and she isnt happy.My question: Part of the confidentiality I signed in order to get severance stated that for the period of the severance, and for 6 months after, I cannot, or through a 3rd party, solicit or entice any employees from leaving "B".Id like to know what my exposure is to breach of confidentiality. I didnt entice her, she reached out to me at first.

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Delta-Lawyer

Doctoral Degree

 
5,942 satisfied customers
I was terminated and and i told the manager where

I was terminated for theft and and i told the manager where i put the items and they failed to follow up on where i put the items. I was at a store the other day and a employee walked up to me and asked me if i was fired for stealing is this breach of confidentiality and defamation of character as i know where this came from.

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
I called and filed a complaint about my manager , district

I called and filed a complaint about my manager , district manager and regional president . I requested multiple times that I would only talk if it was kept anonymous due to fear of retaliation and lack of further opportunities with in the company. They promised and swore to high heaven my name wouldn't be attached. Not one minute after I hung up did they call my manager, he wasn't in so they told him this morning when he came in. Now my DM and RP are nothing coming out to visit tomorrow .Due I have any legal grounds to sue my employer (wells fargo) for this blatant lie dooming my career ?

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Asad Rahman

Attorney

J.D.

 
2,270 satisfied customers
I resigned my job recently and told my employer that

Hi,I resigned my job recently and told my employer that I am going to a competitor. They, rightfully so, "walked me" out the next day. I gave them my laptop, badge etc. I had a backup of my hard drive home that I thought I left in the office but I didn't. They call me the following day to let me know that they saw that I backed data on a external hard drive. I immediately said yes and that I thought I had left the hard drive in the office. I then looked for it and got back to them immediately (same day). I returned it to my boss that same afternoon and I apologized for not being with my belongings in my old office. During the offsite meeting he asked me to sign a "proprietary rights statement" that lists information that I cant use by going to a competitor such as product related data.NOTE: I am not involved with the products nor know anything about them. I worked on Sales Systems and processes.They also added a line in the end of the document that says: "Cant share any information about the project I was working on" which is all fine since i don't intent to share anything at ALL.Fact: I signed a confidentiality agreement when I joined the company.I refused to sign the document because I didn't know what I was signing and because the last paragraph said:"your signature indicates that the company has informed you that all information and data of the types listed above is the company's proprietary information and that it may not be disclosed or used by you or others to whom you may improperly disclose such information. You also indicate that you have surrendered to the company any copies of such information or data that is on your possession and are not retaining any copies or notes concerning it in your possession".Since I signed the confidentiality agreement when I joined, why are they asking me to sign this document? They said is a reaffirmation of the confidentiality agreement....Am I being paranoid? What if they say: "your backup doesn't have all the files...where is the rest"? That is the only backup I did but how do I prove that?I do know that they gave similar grief to other x-employees who left for that same competitor in the past but they were close to the products so I didn't expect that.I know that I have done nothing wrong nor I plan to do anything that violates by confidentiality agreement as I am not an employee who would do such a thing. Also, my new employer would never accept such information; no ethical employer would...Any advice would be appreciated.

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Loren

Juris Doctor

 
34,606 satisfied customers
Locked by Customer Service

I didn't realize my question with the employees names would be posted on the internet. The question I had asked was regarding the employees termination but it listed the name of the employee. I requested that the question be removed and they are in the process of removing the question from the website and from the google search engine. My question is does this employee have any legal right to sue due to breach in confidentiality?

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
I have a separation agreement from my previous employer which

I have a separation agreement from my previous employer which includes a non-solicitation clause. If someone uses me as a referral for a job at my new company would that be considered solicitation? Also, there is a confidentiality clause in the agreement. It doesn't seem like any of the terms of the agreement would create a conflict-of-interest with my new employer. Am I required to provide my new employer with the nature of what I agreed to or would that be a breach of confidentiality?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
I have a possible legal situation that may come into

Hello. I have a possible legal situation that may come into fruition. So, I am seeking legal advice. In December 2014, I accepted a second job as a recruiter for a staffing agency. I did not disclose to the staffing agency or my current employer that I was picking up a 2nd job, as never asked this question. The workload for the 2nd job become more overwhelming than I anticipated and a friend offered her assistance with some of the work to help me with production requirements. However, I continued to perform the essential function of the job which was recruiting and submitting candidates. Fast forward to November 2015, my friend's ex-boyfriend in an attempt to hurt her contacted the staffing agency and told them a fabricated version of the truth which was that my friend solely worked the job as me and I had no involvement in the work. The staffing agency terminated me and is refusing to pay me my remaining wages and commissions. They also contacted my other employer to tell them I was involved in a scam in which they terminated me for not disclosing that I had a second job and performing work for the staffing agency during their work hours. Now the staffing agency is threaten to file charges against me but I'm not sure on what count other than breach of confidentiality. What legal advise can you provide me regarding this matter?

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
So I was recently terminated under shady circumstances

Hello,So I was recently terminated under shady circumstances after my annual review. I was offered a promotion a year ago as long as I has withdrew my internal application for another position within the company. My boss told me that it would not be financially smart as it was only a 50 cent hr raise and I would make more money over time taking this promotion instead. The job resposblitlites increased greatly however the pay did not, at the time. I was verbally promised that I would be given this raise at my review. Well, we are a small company and very close, we discovered that the other position was actually about 1.50 hr rise. At my annual review I was given prise and told that I was a model employee, I have never had any complaints or write ups. At the end of the review I brought the salary raise issue up and it was denied. He explained he could not do it because others up the chain would not allow it. I only received my annual 3% raise, no compention for my new position. I explationed that I had found out about how the other position was paid more than he had orginally told me. I was literally the hardest worker in the department and I felt I should be getting paid fairly. I requested to a meeting with the other person who he claimed denied my salery increase.After my review, the next day was placed on paid suspension because they wanted to know how I knew that the other position had actually recieved a higher salary than what was told to me so that I would with draw my application. during my week suspension they went through all my emails and my computer, interviewed all of the people I had ever spoken to at the company.I was not allowed back to the property however I received a phone call that I was being let go for "gross misconduct". The claim that I had accessed salary information stored on our network and shared this information with others in our dept. I was fired for breach of confidentiality/sharing business secrets.Because they claim gross misconduct, I am unable to collect my accrued PTO time which is about 3,000. I have also filled for UI,however it has always been their policy to contest all claims.I am trying to determine if I should seek out counsel to collect my PTO, and have the gross misconduct prevented from being shared to future employers since I honestly did nothing wrong except call my boss out on making a promise that he was unable to keep. They also fired the person who the raise was promised to, however she was fired for apparently "knowing that I knew about salary information", She is pregnant but was able to collect her PTO money.Please my for grammer and types, I am on my iPad.

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
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