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Recent Downsizing questions

I was downsized from my job and was offered severance which

I was downsized from my job and was offered severance which i will receive every 2 weeks for 13 weeks. I filed for unemployment but was denied because i am receiving more than $425 per week from the severance payment. should I wait and file again after the 13 weeks are over?JA: 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: its at willJA: Anything else you want the lawyer to know before I connect you?Customer: no i believe thats it. I just want to know if I should wait and file again after 13 weeks as the only reason it was denied was because I am receiving severance payments by weekly which is more that the $425 weekly unemployment payments

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
In my case I feel like I was treated unfair in my

In my case I feel like I was treated unfair in my workplace... place.. Last week Tuesday I had in incident my on the fork lift back in into a cart knock off a little paint of the lift bump to bump incident.. I know company has work policy. So later on the the day they brought me to the conference room and told that I needed to go to the clinic and screen test I confessed to that I smoke a little pot over the weekend.. I meant what I'm saying Is ...there was an incident with the lift before me another coworker crash the lift in the building knock out a sheet of metal and he didn't get test or nothing all they did was told him he couldn't operate the lift until further notice ..I worked for this company for almost 5 years never complain to anybody got along with everybody never missed work pick up shift work all the overtime they provide me..I did everything they told me.. First incident I had with the company.. Since I started working there.. So I was force to resign from my position now I'm out of work this very stressful

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
I am currently on LTD with my company, and have been for the

I am currently on LTD with my company, and have been for the past 6 months. I was recently in a casual text conversation with a coworker. He told me that my manager informed our team in a meeting that I would not be returning to work, and the company had not decided if they would fill my position or not.It's my understanding that the company cannot do this. They are not downsizing because they haven't decided if they are going to fill my position. They wouldn't be firing me because my performance ratings exceed expectations. No one from the company has formally informed me that I will not be returning. I am currently still disabled, and have not contacted my manager or anyone else from the company because I don't know how to handle the situation. No one from the company has formally contacted me to inform me that I will not have a position when I return. They have just informed my team. Do I have any recourse?

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
I had a serious car accident in March this year. I went back

I had a serious car accident in March this year. I went back to work within 2 weeks (They didn't pay me while I was off). But due to my injuries was not able to do site visits etc,. they knew this and were working round it by me taking on other duties to release another member of staff to do these. I was hospitalized on May 19th and they called me and told me that it was my last day because they were downsizing, doing no more work in Las Vegas and had sold the building. I went in the following week to pick up my checks and belongings. I have in touch with the Director of Operations as he has his own company and I have done some work for him whilst I am off.They have advertised the job the laid me off for on Craigslist.Is this right? I know Nevada is a right to work State but I am just gutted by this. During my time with them (August 11st 2015 to May 19th 2016) I brought in over $2m of work, my work was exemplary and I had not complaints from anyone.

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Loren

Juris Doctor

37,154 satisfied customers
If your boss asks you to retire at 68 years old and gives

If your boss asks you to retire at 68 years old and gives you an ultimatum to either retire (path of least resistance) or says he will write you up as he has hired someone to replace you and asks you to leave after 10 years of service to your company, what rights do you have regarding receiving unemployment benefits ?

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John

Attorney

Doctoral Degree

7,562 satisfied customers
I have a NJ unemployment question. My wife has been with the

I have a NJ unemployment question. My wife has been with the same company for 8 years. She is a District Manager and makes 83k a year. Over the last 8 years, she has won or nominated for several awards and progressed through the ranks nicely. However, in the past 2 years in her current role as a district manager, her company has downsized dramatically but she has survived every one. With each downsize, her territory has grown and grown. Originally her stores were within 30 mins to 1.5 hours away. A year ago, with the downsize, her territory grew and she lost the stores that were 30 mins away and she was assigned stores 1.5 hours as the closest to 3.5-4 hours away being the farthest. She fought for some changes to the territory because the stores weren't distributed equally and the drive just became too far to manage. They said no, that more changes would come in June of this year and to be patient.In June, about 8 weeks ago, they downsized again and this time redid the store assignments again. While she did receive a couple more stores that are closer, she also received stores that are even farther away. So, now she has stores that are 30 mins away, but she gained more stores 2 hours away and was assigned 3 stores that are 5-6 hours away. Also, the 3 stores that are all 5-6 hours away are not even close to one another so she needs to stay overnight and 1-2 hours to get to each store before driving 5-6 hours home.But thats only half the story... with all the downsizing, they fired all the assistant and FT employees except the store manager. So, now, each store has 1 FT employee/manager and the rest are PT employees with less than 20 hrs a week. This dramatically increases her work and the work of her store managers. With the recent changes, a couple of her store managers quit which means she had to cover the stores until new managers could be hired. She immediately had to work 12-18 hour days. For almost a 7 days straight, she would leave at 6-7am and wouldn't get home til midnight. They did allow her to stay in a hotel and she did a couple times but she didn't want to be away from us that long. Also, about 3 months ago she found out she was diabetic when her sugars shot to over 400 and she was hospitalized. With Medication, that was all brought under control until these changes. Her stress levels were through the roof and after that 7 day week, she decided she couldn't take it anymore. None of this was going to get any easier. Plus her sugars are now back closer to 200. So, we discussed it and she gave her notice and she'll be finishing up her 3 weeks next week.My question is can she collect unemployment in NJ even though she left?

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Infolawyer

Attorney

Juris Doctor.

37,638 satisfied customers
If an employee signed a non-solicitation agreement and then

If an employee signed a non-solicitation agreement and then over the course of 11 years was promoted and changed job titles three times without ever signing a new non-solicitation or non-compete can the original non-solicitation be used to bring a lawsuit against them after they leave the company and their new employer hires 2 people who worked with them at the old employer before the term of the non-solicitation is over? The old employer is based in Massachussetts although all of the jobs are based in NJ. The old company has sent a cease and desist on hiring the other employees- will they have to be fired based on the 2005 non-solicitation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I work as a 2nd shift supervisor major medical company in

Hi, I work as a 2nd shift supervisor for a major medical company in Florida. Recently, I've been placed on a 90 day - Performance Improvement Plan for missing my project dates. The PIP new due dates for the projects are unrealistic and unachievable. Knowing the company is downsizing I feel it's a ploy. Plus, the projects I'm assigned doesn't fall under my job description but under a manufacturing engineer II. I'm 1 of 3 supervisors (2 on dayshift) and the only one that was not assigned a laptop to work from home. The other supervisors have two leads each. I have one that's been on maternity leave for close to 5 months. Working 2nd shift clearly has limited hours of resources. That, along with not having a laptop and assigned leads. Puts me at a disadvantage. Do I have a leg to stand on in regards ***** ***** my job?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
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

18,962 satisfied customers
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