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Recent Demotion questions

I am a salaried employee who works in a small office with no

I am a salaried employee who works in a small office with no door for privacy. For 3 years I have been doing the bulk of my phone calls away from the office, in my car (on bluetooth) or at home. Our COO recently expressed concern that this was a legal issue for me to be driving while talking on the phone for work related activities. Is this a real legal issue?

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
Why are salary non-exempt employees required to use personal

Why are salary non-exempt employees required to use personal accrued leave time when they have worked the required 40 hours in a work week or 80 hours in a pay period?

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
Trying to decide on if my case is able to be won,

Trying to decide on if my case is able to be wonJA: Have you documented this or discussed it with HR?Customer: Yes....prior medical condition documented with HR....mother passed....told them I may need personal FMLA again....was terminated when I tried to see whether or not I could returnJA: 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: alot.....I took FMLA for a week in 2013....review listed attendence as a problem....took FMLA in 2015 (depression) I was demoted.....took FMLA in 2016 to care for mother in Hospice....my supervisor's supervisor said "if it is going to be too much why not put her in a nursing home....I was appalled. Mother passed Dec 26, 2016... took bereavement leave last week of 2016 (company allowed). Depression followed as well as strep throat....asked for new FMLA process. Doctor said should not return until Jan 12....tried to return to see if I could deal with it in wake of mother's passing.....was let go before any questions were asked.

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Marsha411JD

Doctoral Degree

19,404 satisfied customers
It is a bit of a story, to start with I work for my

it is a bit of a long story, to start with I work for my stepfather's business. This past year my mom found out he was cheating on her. She started divorce proceedings, during the time the proceedings have been going on, a new employee was hired that basically took all my responsibilities. I was not fired but I have almost no work to do, and when I am done. I am told to go home. This has put me in a position where it is getting hard to pay my bills. One of which is rent to my stepfather. Since I am still working I can assume the removal of my old responsibilities ( that at times I am ask to help the new guy with) I did not loose them because of performance or my ability to do the job. Also all this was done with out any communication to me. One day a new person was there doing my job. Due to the strained relation I have with my step father now communication is impossible. I just feel there is something wrong about this, and was wondering if it was also wrong in the law. sorry for the long questionJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New yorkJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: not that I can think of

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John

Attorney

Doctoral Degree

8,126 satisfied customers
I am a RN that works casual. I am not considered part time

I am a RN that works casual. I am not considered part time because I receive NO benefits. I schedule myself days that I can work. If not needed I am the first to stay home with no pay.They force us to work 2 holidays a year which is the same amount as paid time off employees. I am compensated time and half if I work. But if they do not need me and I don't work I do not get the benefit of paid time off where as the benefit people not only work the holiday but also receive paid time off on top of it. Can they force us to do this?Also can they force us to work certain days like weekends and Fridays and the eve of the holiday since we receive NO benefits.

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
With discrimination can it also be, I am a spotter with the

with discrimination can it also be, I am a spotter with the company and there are 2 of us, and they let him do what they want, but with me, constant daily attitudes, dont want to listen to me, when they call him to move trailers they are nice to him, but with me it is constant attitudes, i brought it up to the terminal manager, but nothing is being done, and this is going on with supervisors, they let him do what he wants.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: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: they will not tell me what the problem is with the attitudes towards me but it is daily, and nothing is changing with supervisors

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
Runzheimer reimburses my company's employees based on a

Runzheimer reimburses my company's employees based on a fixed and miles driven. The fixed for me is $300/mo with miles being at $.15/mile. I drive about 2000 miles/month - $600 total per month. Co-worker gets $200/mo and drives 500 miles - $275/mo. When you look at reimbursement per mile - I get $.30/mile where co-worker gets $.54/mile. I spoke to my manager about this being unfair - do more get less program. There is nothing they can do. Is this legal? What should I do?

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
I have a thorny case. Employer wants to demote me two levels

I have a thorny case. Employer wants to demote me two levels ($10K salary drop). Exemplary performance 7 years. Up and down reviews last three years (new management). Got PIP in April 2015 (rating of "0" on a scale of 0-2); got off PIP in October and got a raise. Received second PIP (3 month) in August 2016; got another "0." Demotion goes into effect 1/15/17. Some truth to their claims (I was late to work and missed some deadlines), but claims were exaggerated, good performance not taken into account at all, some facts left out, others twisted. I was diagnosed with Obsessive-CompulsiveJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This is Maryland, and I work for a state agency (Maryland-National Capital Park and Planning Commission. I was diagnosed with Obsessive-Compulsive Disorder and Generalized Anxiety Disorder in April 2015. I hoped to work harder and NOT make a request for ADA accommodations, but finally did so on September 13, 2016. It was a big mistake to have waited, but there it is. However, the last PIP covered August 30 through November 30, and the request for accommodations was delivered September 13. So for the majority of the PIP, employers knew of disability and as of today has not even scheduled a face-to-face meeting with me, despite inquiries via email from me as to when this would take place.JA: Is the employment agreement "at will," union, full time or part time?Customer: At-will, full-time, career, exempt according to them (although I only supervised one person, and the DoL says you have to manage 2 people to be considered exempt, or so I read).JA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I am appealing the demotion with the "Merit Board" of my agency, and don't know which way to go. I think I will lose on the merits of my performance alone--it's too much "he said, she said." But the fact that they are trying to force me to take a new position that they have cobbled together, with no clear job description yet, for $10K less and working for the same insane woman, and have not yet addressed the ADA request with me at all, makes me think that would be the best route to go in the appeal letter. They're saying that we'll deal with the ADA request after I sign off on the demotion; I'm saying they need to deal with the ADA request now and address specifics in whatever job I end up doing for them. They most likely would have fired me if I had not filed the ADA request.

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Infolawyer

Attorney

Juris Doctor.

39,242 satisfied customers
I was demoted and moved from my position as an Account

I was demoted and moved from my position as an Account Manager with one of my company's customers at the customer's request even though I was performing at a level that met or exceeded my company's expectations. The reason given for the demotion was the customer had a bad "perception" of me. My company kept me on an account with the same customer in a lower position and at a reduced level of compensation and placed my subordinate in my old position. I was told I would not be allowed to move up in position as long as I stayed with this customer, yet my company refuses my requests to move me to an account with a different customer. Do I have any options, legally, to seek recourse?

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Ely

Counselor at Law

Juris Doctor

67,224 satisfied customers
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