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Recent Downsizing questions

My company me off after 37 years and gave me an additional

My company laid me off after 37 years and gave me an additional half year of salary which just ended. I have now filed for Michigan Unemployment since they are not bringing me back. In addition since i knew they were not bringing me back i began receiving my pension from them as well. Since they laid me off, will I be eligible for unemployment benefits from the State of Michigan?JA: Is the employment agreement "at will," union, full time or part time?Customer: I was a consultant at a major computer company on salary. Not sure what "at will" meansJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Maverick

Doctoral Degree

7,766 satisfied customers
I am just checking around for some answers. My wife just

Hello I am just checking around for some answers. My wife just called me to say she was suspended without pay due to an union grievance.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This is in RIJA: Is the employment agreement "at will," union, full time or part time?Customer: My wife is full time salary non unionJA: Anything else you want the lawyer to know before I connect you?Customer: She was doing work assisting another department with Pharmacy work which she was doing prior to going to her new job.

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Marsha411JD

Doctoral Degree

19,612 satisfied customers
Attoney, After two weeks of waiting for the investigation of

Hi Attoney John,After two weeks of waiting for the investigation of my employer while I was placed on administrative leave with pay I finally received a call from my supervisor and HR telling me that that they are terminating my employment on the 23rd of February,2017. I told them that I really need a job and that I will start to search for employment as a phlebotomist. I'm concern that they might hear a negative information that will prevent me from getting employed. I've told that if i'm asked the reason for leaving LabCorp I'll have to say the company is downsizing. HR said that the information they will release is the first and last day of my employment. I really do feel that my termination is unfair. The second time of my mis ID the patient was caught early and was corrected. They still used that to caused my termination. I asked my supervisor for given me another chance and I want to keep my job, she said it will be up to the HR now. My question now is if I can appeal to get my job back at LabCorp?

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John

Attorney

Doctoral Degree

9,042 satisfied customers
An employer needs to know how much notice is needed to

An employer needs to know how much notice is needed to employees for a lay-off due to down-sizing. This employer is a doctior with 6 staff at this time............3 part-time people and 3 full-time. Also, will employees be eligible to get unemployment benefits. Are unemployment benefits based on hours worked or just gross earnings?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Is the employment agreement "at will," union, full time or part time?Customer: Doctor is downsizing because PA left. Doctor plans to continuing working. There are 3 full-time and 3-part-time at presentJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
I have been employed by a national food service broker for 5

I have been employed by a national food service broker for 5 years. A co-worker conducted a background search and submitted the results to senior management and the recent review with senior management I was told things weren't working out. I was not terminated, but believe the company is trying to eliminate the position I currently hold. This would effect 49 Key Account Managers with this company. I am also one of the top 5 sales people on the west coast and my successes have been documented several times in their national foodservice publication sent out monthly. My name is***** Assistant: Thanks. Can you give me any more details about your issue? Customer: The current branch VP had also terminated me about 12 years ago for the same issue. His small brokerage firm was bought out by a brokerage firm in Seattle WA and in turn that broker sold out to the national company I now work for. The information from this issue which is over 13 years olds has been spread throughout the current market I work in and from my understanding it is illegal for anyone to conduct this type of search without my knowledge.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,378 satisfied customers
I need a neutral reason for termination an employment

I need a neutral reason for termination an employment agreement with my CO based employee - immediately. Employee is CO based, company is WY based! He works at home in CO with no desk at WY.

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Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
I am getting off because the company is downsizing and going

Hi I am getting laid off because the company is downsizing and going to sell the area I work in to a competitor am I still able to collect severance pay the company agreed if I get hired on with the new business ownerJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New MexicoJA: Is the employment agreement "at will," union, full time or part time?Customer: at will full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Patrick, Esq.

Doctoral Degree

19,782 satisfied customers
This question is for Second Opinion please do not close ***

This question is for Second Opinion please do not close ***Hi, I'm at a professional crossroads and am looking for a constructive way to figure and plot a new direction. Presently, in part, I'm a chiropractor, working for a multi-specialty medical group and have been with this group for over two decades but my position has just been downsized. I've also been developing a second career as a songwriter and that is beginning to take hold commercially but financially nowhere in such position as yet to bring in any predictable nor sufficient income. Songwriting is my primary passion and if it sustained me financially I wouldn't be here asking for insight. But I need to survive financially while I continue to develop that.More specifically, due to economic reasons, I've had my chiro position reduced to just 16 hours per week, beginning the 16th of this month. I feel in part that I don't want to practice anymore and would like to explore another career pursuit that's more in harmony and hopefully synergy with my songwriting, perhaps a writing career of some sort, something closer to my passion that sustains me while I continue doing my best to cultivate a fully sustainable endeavor in songwriting.In the immediate, I'd like input on whether it's smart to keep my part-time position and seek an additional part-time position, aiming to increase those hours over time at one or both places, or just resign and take full unemployment and thus have more time to take on a new career evaluation and pursuit. And please advise what steps you'd suggest I undertake to best figure out what synergistic career path to best pursue?Thank you,Robert

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Ray

Lawyer

Doctoral Degree

41,482 satisfied customers
If a supervisor shows a consistent pattern of preventing an

If a supervisor shows a consistent pattern of preventing an employee over 40 from doing their job, (by withholding key job-critical information, covertly bypassing the employee and setting up "favorite" younger employees to do the employee's work, etc.) then presents misleading/false statements in the +40 employee's performance appraisal that results in no pay raise, has the supervisor committed illegal actions in the state of Washington?-Through the following fiscal year the +40 employee demonstrated strong performance and achievement of all tasks directed by the supervisor, checking closely and receiving confirmation from him along the way that performance was on track. At the same time, the +40 employee kept track of documentation and detailed evidence that the supervisor's above mentioned sabotaging behaviors in favor of younger employees continued. At the end of the next annual review period, out of the blue, the supervisor called him to a meeting with an HR representative and presented him with a "written warning" containing an additional assortment of false statements and referenced the previous year's false performance review as the basis for threat of further action affecting his employment. The supervisor's ongoing/verifiable failure to enable the +40 employee to do their job at optimal performance then issue the warning without following the proper procedures clearly corresponds to the company's timing/needs to downsize and curb costs. It also followed the supervisor's same treatment of another 40+ employee several months earlier. Does the verifiable pattern of setting up a +40 employee to fail, then distributing a falsified Performance Appraisal to deceive HR, etc. into believing the employee has performed poorly stand as "obvious" evidence of the supervisor's intent to harm the employee? (i.e., cause termination of a consistently strong performing long-term employee without severance pay.) Can this intended outcome targeted to a higher paid +40 employee also establish that the supervisor's motive for distributing fraudulent performance information to third+ parties was for the purpose of saving the company costs? In this scenario described, does the supervisor's documented efforts to "set up" a subordinate to fail and the series of two falsified performance appraisals provide substantial documentation of pre-meditated plans to facilitate the wrongful termination of an employee in a protected class?

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John

Attorney

Doctoral Degree

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