Join the 9 million people who found a smarter way to get Expert help

Recent Downsizing questions

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

Read more

Patrick, Esq.

Doctoral Degree

19,006 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

Read more

Ray

Lawyer

Doctoral Degree

39,248 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?

Read more

John

Attorney

Doctoral Degree

8,150 satisfied customers
I was terminated due to downsizing by my former employer

I was terminated due to downsizing by my former employer last November. I left on good terms and was given a severance package and chose to extend my health benefits through COBRA. I found out a few weeks ago that someone in the benefits department inadvertently cancelled my benefits on July 31st and I was without coverage for two months; all the while still having the premiums deducted from my checking account. After a monumental effort on my part and hours spent on the phone; I have since gotten my benefits reinstated.I am not a litigious person but consider this a case of major corporate negligence that left me exposed to potential major liability for two months. My question is do I have a good case for a lawsuit against the company?

Read more

Loren

Juris Doctor

40,390 satisfied customers
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

Read more

Patrick, Esq.

Doctoral Degree

19,006 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

Read more

Ely

Counselor at Law

Juris Doctor

67,224 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?

Read more

Marsha411JD

Doctoral Degree

19,410 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.

Read more

Loren

Juris Doctor

40,390 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 ?

Read more

John

Attorney

Doctoral Degree

8,150 satisfied customers
View more employment law questions
In The News