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Recent employment law questions
I know you cannot get punitive damages ADA claim, but I am
Hi -I know you cannot get punitive damages for an ADA claim, but I am not sure about a failure to accommodate claim under the ADA. Per the statute they were available they were available, but I don't have a legal search engine and I haven't found anything through a Google search that specifically speaks to any courts findings in this regard. Are you familiar with cases where punitive damages have been awarded? How generous (or not generous) are the awards?Also, the EEOC has settled two claims with the employer in the last year wherein a consent decree was entered in federal court. One aspect of the first settlement was that the employer have a job coaching policy for the intellectually disabled. In another settlement, the employer was enjoined from failing to provide a reasonable accommodation. Are there penalties the EEOC can assess against an employer for failure to abide by the settlement terms? I don't think so, but I want your opinion. Who would get the money if penalties can be assessed?
I got recently terminated by my employer, and they have
Hi ,I got recently terminated by my employer, and they have asked me to sign the below letter(not obligatory).Please let me know if there is any issue in signing this letter.---------------------------------------------------------------------------------------------------PLEASE READ CAREFULLY AND CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS SEPARATION AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ANY AND ALL KNOWN AND UNKNOWN CLAIMS AGAINST ITCOMPANY1 IF YOU DO NOT UNDERSTAND THE DOCUMENT FULLY, DO NOT SIGN IT SEPARATION AGREEMENT AND GENERAL RELEASESEPARATION AGREEMENT and GENERAL RELEASE (the “Agreement”) made this 30th day of March 2016 by and between Employee1 and ITCompany1 Services, LLC and its related and/or affiliated companies (“ITCompany1” or the “Company”).WHEREAS, Employee has been employed by ITCompany1 since on or about September 30, 2015 andWHEREAS, Employee signed an Employment Agreement with ITCompany1 at the commencement of his employment on August 3, 2015; andWHEREAS, Employee and ITCompany1 have discussed Employee's separation from ITCompany1; andWHEREAS, Employee and ITCompany1 wish to resolve and fully and finally settle, compromise, and forever discharge any and all claims and issues that have been raised, or which could have been raised, or which Employee has now or may ever have had against ITCompany1 or which ITCompany1 has now or may ever have had against the Employee; andNOW, THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS:1. Termination of Employment. Employee agrees that his employment with ITCompany1 will cease on March 30, 2016. The Employee agrees that he will cooperate fully with ITCompany1's efforts to transfer Employee's duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition.2. Return of Company Property. Employee agrees to return all Company property in Employee's possession or control to ITCompany1 including, but not limited to, any computer equipment, office keys, credit and telephone cards, blackberry, mobile phone, ID and access cards, and any and all original and duplicate copies of checklists, cheat sheets, training material, reports, company files, calendars, books, employee handbooks, records, notes, notebooks, correspondence, customer lists, manuals, customer lists, computer programs, computer disks, diskettes and any other magnetic and other media materials containing confidential or proprietary information concerning ITCompany1 by March 30, 2016.3. Consideration. In consideration for signing this Agreement, and in full satisfaction of all of the Company's obligations to Employee, the Company agrees that it will pay [sum amount] less applicable statutory deductions within 21 days of receipt of an executed copy of the Agreement from the Employee and the return of all Company property referred to in paragraph 2.4. No Bonus Payment. Employee will be ineligible to receive any bonus payment for calendar year 2016.5. Relocation Airline Costs. ITCompany1 will reimburse Employee on actual expenses incurred by him for one return airline ticket to India.6. Fair Benefit. Employee understands and agrees that the Payment referenced in Paragraph 3 above is more of a benefit than ITCompany1 is required to provide to Employee under any normal policy, plan, procedure or contract with ITCompany1.7. Non-Admission of Liability. This Agreement is not an admission of wrongdoing or liability of any kind by ITCompany1 or any of its former or current principals, officers, directors, representatives, agents, employees, and consultants, and any such wrongdoing and liability is expressly denied. This Agreement is entered into by the parties to avoid and to end all controversies between them.8. Continuing Obligations. Employee agrees to: (a) cooperate fully with ITCompany1 in its efforts to transfer such duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition, including the retention of a suitable successor; (b) respond to reasonable inquiries from ITCompany1' s representatives concerning Employee's projects, activities and matters under Employee's supervision while he was a ITCompany1 employee; and (c) respond to reasonable requests to cooperate with ITCompany1 and its representatives concerning any investigation, claim or lawsuit initiated by any person, organization or entity (including any government agency) against ITCompany1 and/or Employee including but not limited to assisting in the preparation of ITCompany1's defense, consulting with ITCompany1 counsel, attending and/or if knowledgeable, testifying truthfully at any administrative arbitration, judicial or other proceeding. In making requests pursuant to this Paragraph, ITCompany1 agrees, where practicable, to consider the personal and business commitments of the Employee.
I am a State Department employee. My medical records with the
I am a State Department employee. My medical records with the diagnosis of my mental illness were published in an official government cable twice and distributed widely among high level management and administrative staff. This caused harm to my professional reputation (my direct supervisors thereafter refused to document my performance over about 4 months) and because of this I suffered severe mental anguish. This happened in late 2006 but I only recently realized that this was probably a per se violation of EEO laws/ADA. I hadn't realized that my mental illness which was temporary actually constituted a temporary disability. I had consulted the American Foreign Service Association who had misinformed me that release of medical records didn't constitute actual harm. They neglected to advise me to consult the Office of Civil Rights. I am pursuing EEO counseling now and want to request compensatory damages but how do I assess he monetary value of the suffering and harm?
Customer: Does the highly paid professional exception in NY
Customer: Does the highly paid professional exception in NY labor law just apply to administrative claims or does it also preclude suits filed by employees who claim violations of the wage theft act? JA: Thanks. Can you give me any more details about your issue? Customer: I was hired as VP sales with a salary of 100K plus commisions and over rides. after a year or so I was the only person employed doing sales so I was not supervising any employees. I had a 5 year employment contract which was terminated after 2.5 years. Can I sue under the Wage Theft Prevention act and get 100% added on or am I limited to contract damages? JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: sure. JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Good Morning, I am seeking assistance civil suit against
Good Morning, I am seeking assistance for a civil suit against the commonwealth of Virginia. I was working as a corrections officer with Virginia Dept. of Corrections and around November of last year I was involved in a use of force incident which resulted with an inmate getting injured. The inmate caused all of his injuries resisting arrest, however, was able to somehow put the blame on me, although there were approximately 6-8 officers attempting to restrain this deranged inmate. Long story short, I was given the ultimatum to resign or be terminated (Constructive discharge). I chose to resign to save my face for the next employer, although I felt as if there wasn't a thorough investigation conducted (later proven fact in court) and other factors at play due to the hastiness of the decision (EEO). A few weeks after my resignation, to avoid becoming homeless, I moved to another state with family for a fresh start and around May I was arrested/ extradited for malicious wounding and damaged property. I knew nothing of these charges and spent almost a month in jail awaiting a bond hearing. My trial was about a week ago and all charges were dropped. In conclusion of this matter, I was under the impression that the DOC would accept responsibility and possibly reinstate my job and backpay, not saying that it would even come close to compensate for all the damages sustained (Credit, emotional, reputation, ect.) from this malice process, but it's the thought that counts. I NEED HELP!!!Thank you
Received compensatory damages this year EEOC claim
Received compensatory damages this year for an EEOC claim against Walmart in the amount of $27,000. The reason I made this claim was because I am disabled (they knew this) and started again having seizures due to new work hours assigned to me. I wouldwork until 12 am and had to return at 6 am for my next shift. I have doctor records to prove this. I asked that my hours be returned to my previous schedule...they would not do this, giving me the accommodation I felt I was entitled to. Hence, I was forcedto quit. My question is do I have to pay taxes on the compensatory damages and (hopefully) if I do not how do I prove my case with the IRS?
I was recently terminated from Mountain Air Cargo in Kinston,View more employment law questions
I was recently terminated from Mountain Air Cargo in Kinston, North Carolina for �blowing the whistle� on an incident that took place while I was on assignment in Indianapolis, Indiana. I first went to our director of safety and later the FAA. I filed a complaint with the North Carolina Dept of Labor just a couple days after. Since MAC is an air carrier it got transferred to the United States Dept of Labor, since they are an air carrier I guess they are exempt from REDA and now fall under AIR21. There is NO punishment under AIR21, if the DOL finds that it was a retaliatory termination all that happens to MAC is they have to reinstate me and pay me lost wages. They don't have to worry about the REDA act, which would make them pay double lost wages, punitive damages, mental anguish, attorney fees etc., why not fire the whistle blower? Most people would not even fight it, I did and they want to settle for a measly $7000 which they are calling "transitional pay" and not even offering my job back but they're not admitting to any wrong doing. . What kind of image is this sending to the other mechanics there? Everyone knows I was terminated as a retaliatory action because I blew the whistle on something I was told not to by the hangar manager. Heck they even denied my unemployment at first; I won the appeal and got it in the end but almost ended up on the streets waiting for the appeal hearing. Yeah blow the whistle they say, you are protected. I think not!!! My question is this, is there anything that can be done to punish this company? I had a 20+ year veteran of MAC inform me that they have done this in the past and only a few have fought it.