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Recent Constructive Discharge questions

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

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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

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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)

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10,342 satisfied customers
I live in Pennsylvania and I am a Registered Nurse. I am a

I live in Pennsylvania and I am a Registered Nurse. I am a combat veteran with some mental disabilitys that have followed me after my discharge. I have been diagnosed with anxiety, insomnia and panic attacks. Normally I can keep them fairly well controlled; however, when my sleep and routine schedule is too chaotic and non-cocitent, my anxiety flairs up leading to a snowball of reactions. During my interview at my current job, my supervisor told me I would be able to have days with occasional nights. The posision type is a rare one that most hospitals don't have anymore called "weekend option". You work 2 -12 hour shifts every Saturday and Sunday and get paid the same as someone working 40 hours during the week. It worked well since I am a single parent and can be with my daughter during the week. This shift is also considered a PRN shift, or as needed, even though I am "required" to work 50 out of 52 weekends a year. After I was hired I realized most weekends only had night shifts available. It is a self-scheduling system that mandates me to schedule myself, even if nights are the only option. Night shifts have become extremely difficult for me since it disrupts my sleep schedule and then increases my anxiety and panic attacks from sleep deprivation and resulting in extreme fatigue and depression. When I emailed my supervisor, she responded with she had told me in the interview it was a position to fill open slots, whether night or day. She disregarded the health issues that I was experiencing completely. What rights do I have in this manner?

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Patrick, Esq.

Doctoral Degree

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17,088 satisfied customers
I am the plaintiff in employment discrimination case. I have

I am the plaintiff in employment discrimination case. I have a very good case for failure to accommodate by my employer for my disabilities, harassment, and constructive discharge. I have been deposed by the defendant{School Board}. My attorney stated that I did an excellent job and that the defendants have no defense for their actions. Also the defendants provided no documents or defense, to my knowledge, during the discovery stage. I no there is no such thing as a sure thing when dealing with legal proceedings. However, I need a simple explanation as a lay person as to why the defendants would be going for summary judgment. I understand that this is an attempt to dismiss this case. My attorney doesn't seem concerned about this action. However, I do not get it. Please explain the rationale.

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Asad Rahman

Attorney

J.D.

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I have been a building maintenance employee with Isle of Sand

I have been a building maintenance employee with Isle of Sand Key Condominiums, since around October of 2011. In that time, up to the present, I have had an excellent work performance. I was never absent outside of the five days a year allotted for sick time and allotted vacation time. The building and grounds are greatly improved, due to my efforts. The day to day operations, are managed by a contract manager, provided by Progressive Management. I was in conflict with this manager, over a particular issue. He told me to cut holes in the building's fire walls, in an effort to improve air circulation. I pointed out that it could be a violation of Florida building codes. He became very irate. His face turned red as an apple. He yelled, "If you tell anyone, your in big trouble!" From that point on, his demeanor changed. I got a write up and threat of termination letter implying, that failure of the buildings trash shoot is my fault, and that it has never needed service in twenty years. It is a false claim. On December 3rd, 2016, the maintenance supervisor died of cancer. In April 2016. the manager told me that the usual interview and hiring process, will no longer be used. He said it's because they don't want workers being able to get unemployment. An individual showed up from Labor Finders. From the first day, he was very rude and nasty toward me. He said he has been hired as the new boss . "If you don't like it leave." He took over a desk and work shop area, that was previously mine . He hid most tools and would not tell me where they were. In his office the manager told the guy from Labor Finders, he has a good work history there in front of me. He was there two days. Every day I went to work, I was asked why I'm still there and when I'm going to leave. The condo owners have many rudeness complaints against the manager. They had a long standing rule of no motor cycles. When I went to the work shop area, every day a big Harley Davidson was blocking the path. I mentioned it to board members. On 5/10/2016, the person from Labor Finders, screamed obscenities and fighting words at me, claiming I informed on him. I left for the day. I plan to claim constructive discharge.

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Patrick, Esq.

Doctoral Degree

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17,088 satisfied customers
I have been at my job couple of years. I was given a

I have been at my job for a couple of years. I was given a new boss not too long ago. I realized that my boss is trying to get rid of me. He is taking away projects from me, he is taking projects I put together as well and taking credit for them.I have a few people working for me and he is undermining my authority and going directly to them to get information from me etc.I then received a performance plan from him last week. He claimed I never sent him some information - which I did. I had the information to prove it - he denied it.What are my rights? I never had a written warning then it goes straight into performance review?

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TJ, Esq.

Juris Doctor (JD)

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10,342 satisfied customers
I started a job major Florida employer eighteen months

I started a job for a major Florida employer eighteen months ago. I received a hiring bonus which is due to repaid if I leave before two years. Now eighteen months later I have left (to take another job with more pay) and they want it back. The circumstances of the job (boss, duties) changed a little but not in a major way. This is a lot of money (10,000) so I think it is due diligence on my part to see if this is enforceable in practice.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I went into Tuesday & GESD rep was there waiting on me at the

I went into Tuesday & GESD rep was there waiting on me at the time clock. She said needs to speak with me. She said, my fingerprint card was kicked back. I said ok, what's that mean? She said, it came back with a new update. She said, you have a DUI and multiple assault charges. I said, I didn't get a DUI and I didn't assault anyone. She said, yes you did. I said, I don't have a DUI nor assault charges. She said, the FBI does my background checks and they have your social security number and fingerprints. I said, I don't care FBI, CIA or CSI. I didn't do it. I asked, am I being fired? She said, yes. I said, I didn't do it. She said, I guess your going to say you never been to Baltimore Maryland either. I said, I have never been to Baltimore Maryland. You got the wrong person. I get up to leave. She said, you need to sit down because you can re-sign or I can fire you. I said, it seems like you already have made your decision. She said, you mean to tell me you never been locked up at all? I said, but not for a DUI or assault. She said, got you. You falsely fill out your application. She starts going through papers on desk and pulls out a paper with 4 questions with yes no at end of questions. She points to the 3rd question and said, this question here ask you, had you ever been to jail. The rest of the questions ask ask about assaults or molestation. I can firing you or you can re-sign? I said, you already made up your mind and got up and walked out. My question to you is this a violation of my civil rights? When I left, I checked fingerprint office for my card and it was never kicked back and Baltimore Maryland nor Phoenix Arizona police department never had any issues or updates of any violations on me.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,134 satisfied customers
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