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Recent employment law questions

I am in New Mexico. The Department of Health is "downsizing"

I am in New Mexico. The Department of Health is "downsizing" and many employees who are Governor Exempt are being discharged. The reason stated is that their positions are being eliminated. GovEx positions are created by the Governor and normal state personnel rules do not apply to them as a full time employee.I have been asked to sign a "resignation letter." If I do this, do I become ineligible for unemployment insurance, or might there be other reasons I should not sign any such resignation letter? Thank you.

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
I work as a receptionist small law firm. I'm an as needed

I work as a receptionist for a small law firm. I'm an as needed worker. I've been working 40 hours a week since September 2015. I've inquired about becoming a permanent employee. Yesterday I had a conversation with my supervisor and the co-owner. In the conversation they said I was not full time material they noted a few incidences about my performance over the last year and then they said they were downsizing and couldn't hire both me and another person.I left very upset with all my things. I thought I was fired. My family told me that they didn't think I was fired.This morning I received an email sent yesterday from my supervisor noting that they saw my things were gone and I left the office at 4:28 and asking if I was coming in today. I wrote back that I was sick and not coming in.I did this a bit in shock since I thought I was fired.At this point - I want them to lay me off - I don't want to go back to work there. It's very untenable - the people are awful to work with. I do want to get unemployment benefits.So my question is - What is my best course of action?

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Patrick, Esq.

Doctoral Degree

 
16,772 satisfied customers
Our company has recently downsized, and the woman at the

Our company has recently downsized, and the woman at the front desk was going to be laid off. She was offered a Dispatch position, but hated the idea of herself in that role. I am the HR Director, department of one. We have 250 employees and high turnover, and I was desperately needing support. I asked the CEO to bring her into HR as a 'gerneralist'. She has just hit her 90 mark after being transferred. She constantly texts; takes time off to the point that she is always at the edge of her PTO; disappears for 30-45 minutes at a time; low productivity. I feel I have made a mistake bringing her in - not sure how to handle?

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156 satisfied customers
I worked non-profit organization. The organization has

I worked for a non-profit organization. The organization has suffered extreme financial woes for the past 2 to 3 yrs. Within the last year the agency has downsized from occupying 3 office floors to 1 office floor.In addition to downsizing the agency laid off approximately 8 or 9 staff indicating financial hardships as the reason for layoffs. The staff also had mandatory furloughs during this period.As a result of the layoffs the remaining staff's workload has increased tremendous because we have had to assume the work responsibilities of the laid off staff. Needless to say the stress level is exceedingly high and the moral is pretty much none existent.After the most recent round of layoffs the executive director immediately rehired her executive assistant, who happen to be her best friend, in the capacity of senior manager over the entire staff and is planning to set her up in an office.The ED emailed the staff stating she secured additional funding to rehired this woman back. She also stated in the email the woman was hired to support the agency with securing whatever "stability" necessary. NOTE: This is the 5th time this woman has been rehired by this ED to work with this agency. An aside, this last time, the rehired woman only worked 3 mths at job she left the nonprofit agency to work for and it seems she couldn't make probation.I realize current employees have the following choices, option A. find new employment or option B. quit. NOTE:I'm currently pursuing option A.Clearly, the ED's actions are horribly unethical, unprincipled and reflect a disrespect for the staff; however, are there any fair employment laws covering this type of scenario? Also, does current employees or the laid off employees have the option to sue or file a complaint against this employer?

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Asad Rahman

Attorney

J.D.

 
2,264 satisfied customers
65 year old biotek worker off with others in Connecticut

65 year old biotek worker laid off with others in Connecticut w/3 month severance Genuine downsizing, but is there reasonable recourse? Blindsided; no notice, good reviews

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Patrick, Esq.

Doctoral Degree

 
16,772 satisfied customers
I have a question pertaining to a possible downsizing next

I have a question pertaining to a possible downsizing next week. I live in Nevada and the company is based out of New Jersey (Valeant Pharmaceutical's)."Work at Will State." We have been in the news the past 9 months and our stock went from $260.00 share to close today $28.10 (up 6.84). Our CEO has been under Federal investigation by Congressional Committee and SEC. He just resigned last week. Hillary Clinton has targeted our Canadian based company (they own Bausch & Lomb). I have worked for them since 8-15-15 in the capacity of a Federal Account Manager (only 9 of us in the company). My sole responsibility is for the entire VA Health system in CA, NV, Hawaii & Guam. I call on Pharmacy Directors and present a clinical and economic business presentation.We were told today that the company is undergoing a organizational structural realignment, which is code for upcoming layoffs. My VP of Sales (who hired me) was let go yesterday (last day of year merger to take advantage of buy-out).I have heard they are going to reduce our current team from 8 to 4 (based upon most likely geography location and salary). They usually use an outside company.I will probably be one of the two selected for the West. I do know that I am on the lower end of the salary compared to my colleagues and I believe my location would be more desirable for travel, to cover an even larger territory, but it is a crap shoot. The other employee has tenure and his base salary is higher and he lives in Washington State.My question is this;1) I have been in the Industry for over 17 years (58 yrs old) and suffered a major M.I. on July 31, 2009 and had to be life -flighted for an emergency catherization. I have two stents in my heart and my doctor has classified me as a Class IV cardiac condition according to the American Heart Association and has given me permanent disability status.If they try to displace me next week, do I have a case to be made for retention under the ADA laws?Kind regards,Ed Wetta4060 Desert Fox DrSparks, NV 89436 (###) ###-####m

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,436 satisfied customers
Good Morning, I work college an my job position (Academic

Good Morning,I work for a college an my job position (Academic Dean) was eliminated along with the same position at other campuses as well. The Company eliminated all the Campus President positions as well. The new title is Campus Director. The HR Director explain to me that myself and my peers were effected by the change. I found out the next day that all of my peers were selected for the new position (Campus Director) and I was laid off. One of the campuses was closed and the Director that was at the campus that closed is now in the position that I currently had. The HR Director told me that the company was downsizing and it had noting to do with my performance. I have noting against my peers; however I don't understand how the decision was made to let me go. I have never been written up due to my performance nor behavior and I have been with the company longer (tenure) and my campus was not close. Also I know that the person that took my position is on a PIP. There are a total of 6 campuses and as I stated all the Campus Presidents were laid off and the Academic Dean became Campus Director. Everyone selected to remain with the company were females and I being male was the only one not selected. I'm the oldest as well. (48) I honestly think the reason I was let go was due to my Campus President; who was unprofessional and created an hostile environment at our campus. HR was in the preliminary stages of investigating her; however the company downsized before the investigation took place. I guess this was there way of dealing with the situation by eliminating the CP position. I found out that she has been speaking negatively of me to upper management since she's been with the company (8months). I also think upper management made their decision based on what the CP has previously said about me. I did receive a one month severance from the company; which I have not signed. I feel that I have been wrongly terminated because of lies from the CP and even though the company states they are downsizing. Is there anything I can do regarding my current situation?Thank you for your time,

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Delta-Lawyer

Doctoral Degree

 
5,942 satisfied customers
I was just of from my job in New York City due to

I was just laid of from my job in New York City due to downsizing. I have not filed for a claim yet. I have family in the Dominican Republic that I would like to visit first (about a month from now), prior to filing. Will I be denied for my claim if I already returned from my visit to the Dominican Republic and then filed a claim? Would leaving the country prior to filing a claim hurt my chances of my claim getting accepted?

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Patrick, Esq.

Doctoral Degree

 
16,772 satisfied customers
I have two employees, a male and a female. Other staff have

I have two employees, a male and a female. Other staff have raised concerns about the two of them spending a lot of time alone together. As their manager, I sought advice from my manager on how to handle the situation. His advice was to have a conversation with each of the about professionalism and the perception they are giving their co-workers and subordinates. The female was out of town (supposed to return today) , so I met with the male and had the conversation my manager advised. I found out today that she heard about the issues (I assume from the male employee) and filed a defamation of character complaint with our corporate office.The employee is threatening to resign and claims that I have created a hostile work environment, and I am at risk of losing my job over these accusations. The incident is being investigated by our HR department and legal team, however I am being advised to not speak to anyone about the situation. What should I be doing while I wait for them to decide my fate? I feel helpless and hate that my character is being questioned for following the advice given by my manager.

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Ely

Counselor at Law

Juris Doctor

 
62,074 satisfied customers
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