Join the 9 million people who found a smarter way to get Expert help

Recent Constructive Discharge questions

What is my statute of limitations for a discrimination case?

what is my statute of limitations for a discrimination case?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: pennsylvaniaJA: Is the employment agreement "at will," union, full time or part time?Customer: medical residency I believe at willJA: Anything else you want the lawyer to know before I connect you?Customer: are there any exceptions to statute of limitations

Read more

John

Attorney

Doctoral Degree

9,044 satisfied customers
As an employer. When an employee quits or resigns does it

As an employer. When an employee quits or resigns does it make it more difficult for them to claim wrongful termination?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: Not specifically

Read more

Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
I have filed a charge against my employer with the EEOC for

I have filed a charge against my employer with the EEOC for discrimination. I still work for employer but no longer feel comfortable working however I am a single father of 2 childrenJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ArizonaJA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: I just need to know if I should continue takibg leads and putting in max effort or should I stop taking leads as it is causing more anxiety and stress

Read more

John

Attorney

Doctoral Degree

9,044 satisfied customers
I had resigned from a position back in November. I cited

Hi, i had resigned from a position back in November. I cited location as one issue (need to move back to family area) and that my 2 peers were at a higher level with less responsibility than me. I just found out that they are re-posting my job at the higher level (equal to my peers) and it can be at any of the locations. I was told that i could not work out of another location at the time i resigned. Do I have any rights?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I was working in Florida however, my paycheck came from the parent company in Indiana but the overall corporation is out of New Jersey.JA: Is the employment agreement "at will," union, full time or part time?Customer: it was at will (at least I'm pretty sure) and full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I'm female, my 2 peers were male

Read more

John

Attorney

Doctoral Degree

9,044 satisfied customers
Am I eligible for unemployment? 1. I complained to HR (via

Am I eligible for unemployment?1. I complained to HR (via telephone – I have someone who witnessed the call) that my supervisor was discriminating against me because I was a male. I consistently noticed she was giving female co-workers more hours than I.2. Two days after I complained, my supervisor scheduled a meeting with our HR director.3. On the day of the scheduled meeting, as I approached the building where the HR director works, I was intercepted by her, and the Chief Operating Officer of the company, and was told that we would not be meeting with HR. I was placed on a performance improvement plan. One of the issues mentioned was me not being tardy to work.4. In addition, my supervisor immediately changed my work hours from working overnights, ex: 11 PM to 6:30 AM, to working days, ex: 10 AM to 5:30 PM.5. The first day I was to report at 10 AM, I was 9 minutes late to work. Largely due to me not being able to sleep, as I was used to staying up all night for work. In addition, there was some sort of training scheduled at our facility that day, and there was no parking spaces available at the facility. I drove around for 10 minutes, and finally found a place.6. Towards the end of that same day, I was called in by my supervisor and the Chief Operating Officer and fired for being late. When I told them about the parking lot being full, my supervisor pointed out that I had failed to fill out a piece of paper that was job related. In other words, it didn't matter what I said, she was determined to fire me.7. I feel like my supervisor was retaliating against me for complaining to HR. No one else on our team had their work schedule changed in such a drastic manner.Am I eligible for unemployment benefits?Thank you.

Read more

Gerald-Esquire

Juris Doctor

6,826 satisfied customers
I have an employment contract that states several different

I have an employment contract that states several different things in it. One being a severance package if I'm let go in the first year; today I was pulled in and told that I was set up to fail and that they have hired a new manager that starts sunday. They offered me a job that is 17,000 a year less than I make and he said that I need to be available any shift and anytime . I need advice on what to do from here. The one lawyer I contacted said they cant take this case and didn't really provide a reason why.

Read more

Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
I was on an FMLA leave and voluntarily quit after 3 weeks

I was on an FMLA leave and voluntarily quit after 3 weeks due to daily contact/work check ups by employer. The check ups were not about when I return, but actual work (reviewing banking, coding payables, etc. as a Controller. The leave was to assist my parent with a broken hip.They have since paid me 1/2 wages for "time worked" and request I sign something. I of course am now out of a job and receiving no unemployment benefits and have lost health care. Plus supervisor is stating there was no pressure...but I felt there was. I have emails and phone records as to the volume of contact. I am in Arizona and am currently trying to get unemployment via involuntary quit. Do I have a case and if so what can I expect as compensation?

Read more

John

Attorney

Doctoral Degree

9,044 satisfied customers
I signed a contract which contained the following retention

I signed a contract which contained the following retention bonus terms:"5. EMPLOYMENT-AT-WILL: Information given in this correspondence, as well as your response, is not intended to create a contract, nor is it to be construed to constitute contractual obligations of any kind or a contract of employment between NCGS and any of its employees. Your employment relationship with NCGS is at-will. While we certainly hope that the employment relationship will be mutually beneficial and rewarding, both you and NCGS are free to terminate the employment relationship at any time, with OR without cause and with or without notice.6. COMPENSATION: Your pre-tax compensation wilt be an annual salary of One Hundred Twelve Thousand and Five Hundred Dollars and No Cents ($112,500), which paid bi-weekly, is approximately Four Thousand Three Hundred and Twenty-Six Dollars and Ninety-Two Cents ($4,326.92). Additionally, you will be entitled to a pretax sign on bonus of Ten Thousand Dollars ($10,000), 50% of which will be paid after ninety (90) days of successful employment, The remaining 50% will be paid upon completion of one year of employment. The full bonus amount must be repaid in the event that you quit or are terminated for cause within the first eighteen (18) months of your employment"in June 2016.In December 2016, the company released a company wide "mandatory non-compete agreement" that required a signature in exchange for continued employment and a Christmas bonus check. The non-compete agreement was extremely restrictive in that it stated that it prohibited one from seeking employment for a period of 2 years in any industry related to the medical field, including the medical field anywhere in the world.Further, the company engaged in quite nefarious practices and demonstrated a management style which would make almost anyone feel very uncomfortable and would make them not want to continue with the company. These practices include a potential claim of "slander".The question I want answered is, "is it legal for a company to offer a retention bonus, and after one has already signed a contract for such a bonus, change the employment environment to uncivil and unbearable including issuing a mandatory requirement to sign a non-disclosure agreement for continued employment, and still have a contractual basis to collect the money disbursed as a part of the original employment contract"?Also note, I did only received $5000 of the $10,000 and the disbursement was not a pre-tax disbursement. And, there was no terms for repayment listed in the original contract, yet the employer is attempting to get me to pay interest, and pay at a rate of about $900 per month to pay the $4400 back. They kept a portion of my last paycheck but allocated the money in a fashion such that they short changed me about $150 of the money retained from my last paycheck. And they have had the Human Resources Manager email me on at least 3 occasions with 2 other individuals on the email, one being one of 2 company attorneys and the other the VP of Finance, the person who originally signed the original employment agreement, demanding that I sign a repayment schedule of about $900 per month and agreeing to the interest payment.

Read more

John

Attorney

Doctoral Degree

9,044 satisfied customers
I have a follow-up question to our last discussion around

I have a follow-up question to our last discussion around switching employees from salary to commissions. If employees optout, is that considered us terminating them or are they resigning?

Read more

Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
View more employment law questions
In The News