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Recent Constructive Discharge questions

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.

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John

Attorney

Doctoral Degree

8,098 satisfied customers
Can an employer use loud or profanity during a written

Can an employer use loud or profanity during a written warning consultation?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time or At willJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
I am curious if there is some sort of formula to determine

I am curious if there is some sort of formula to determine how much should be awarded in wrongful termination claimJA: Have you documented this or discussed it with HR?Customer: I already left the company, but everything I am claiming can be substantiatedJA: Sorry about that. I must have missed it. Could you tell me again?Customer: already left the company, but everything I am claiming can be substantiatedJA: Is the employment agreement "at will," union, full time or part time?Customer: at will I believeJA: Anything else you want the lawyer to know before I connect you?Customer: Is there a fee for this?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: I need to know what my total cost will beJA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: I need to see the pricing before I continue

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,954 satisfied customers
I am on FMLA that was advised by my psychiatrist. I was

I am on FMLA that was advised by my psychiatrist. I was being treated unfairly at work which made my depression worse. My psychiatrist has advised me not to return to work. I was looking at involuntary resignation but am not sure what to write in the letter.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Is the employment agreement "at will," union, full time or part time?Customer: I don't know what at will is,b it it is full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I think that's all

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Gerald-Esquire

Juris Doctor

6,088 satisfied customers
I have been back from maternity leave for almost 4 months

I have been back from maternity leave for almost 4 months now, my responsibilities have not been returned. The consultant hired to take my place is still working on my responsibilities. I have not been given clear notification of when I will be given back my responsibilities. I work on odd and end projects. What are my rights?

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Patrick, Esq.

Doctoral Degree

18,990 satisfied customers
My employer slap on the face for a mistrake. I'm afraid to

my employer slap on the face for a mistrake. I'm afraid to go back to work and don't know what to doJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachussetsJA: Is the employment agreement "at will," union, full time or part time?Customer: full time at willJA: Anything else you want the lawyer to know before I connect you?Customer: I don't have any witnesses

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RobertJDFL

Attorney

Juris Doctorate

13,456 satisfied customers
I am looking at suing my previous employer discharge based

I am looking at suing my previous employer for wrongful discharge based on Constructive Discharge. There may be a catch. After I was forced to quit, I applied with the same company as a contractor working with a contract and working remotely, How much of an issue might this cause me with my claim of Constructive Discharge?

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Dwayne B.

Juris Doctor

36,952 satisfied customers
This is an update of my case and i want you to advise me on

This is an update of my case and i want you to advise me on whats the best route to take. I got a letter of reprimand from my principal and my attorney responded to that by asking them to provide a copy of the interviews conducted as investigations and withdraw the letter of reprimand or we will file a grievance. The lawyer of the school district on the side of my principal replied by offering a proposal that in leiu of me filing a grievance, they are willing to withdraw the letter of reprimand and give a positive recommendation. I asked my lawyer to write and asked for the case to be dismiss as well because they couldnt provide me with copies of the results of investigation they conducted if they really did.They replied that they wont dismiss the case but theyre willing to withdraw the letter of reprimand. Should i forego of the grievance and accept their proposal? If the case is open what else can the district possibly do against me?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
I filed an EEO discrimination, harassment, and retaliation

I filed an EEO discrimination, harassment, and retaliation case against my boss for retaliating against me for opposing discrimination, the discrimination was coming from the bosses husband in another dept. The retaliation and abuse of power aggravated my pre-existing conditions and I have been medically disabled by my doctors, SSDI approved and disability retirement from work is pending.The question is do I have a cause to amend my EEO cause to include constructive discharge as I could not go back to workin an abusive environment and I have been force to retire do to their inability to accommodate me?

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TJ, Esq.

Juris Doctor (JD)

11,468 satisfied customers
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