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Recent employment law questions
SIR: HOPE ALL IS WELL ON YOUR SIDE. I NEED TO KNOW THAT IS
DEAR MADAM/SIR: HOPE ALL IS WELL ON YOUR SIDE. I NEED TO KNOW THAT IS IT LEGAL FOR AN EMPLOYER TO ASK THE EMPLOYEE TO SHOW HER OR HIS MEDICINE TO PROVIDE A PROOF HER SICKNESS?IS IT LEGAL FOR AN EMPLOYER TO TELL HIS/HER EMPLOYEE THAT SHE/HE CANNOT KEEP A BIG BOTTLE (BRISK ICE TEA 1 LITRE FILLED WITH WATER) UNDER HER CASH REGISTER?I AM HAVING LOTS OF ISSUES AT A RETAIL STORE, SOME ARE VERY DISCRIMINATING. I AM SEEKING ASSISTANCE AND TO BE HEARD. YOUR PROMPT AND SOME WHAT IMMEDIATE ATTENTION AND RESPONSE IS GREATLY APPRECIATED.REGARDS,GEETA VARMA (###) ###-####***@******.***
If an employee in Texas has appeared to either 1) smell of
If an employee in Texas has appeared to either 1) smell of alcohol at work, or 2) may be drinking on the job, how do we handle the performance management discussion after the fact (the manager was not around at the time, but has been given feedback from other assistant managers/employees that were). There is a "final warning" in the file for the employee arriving at work smelling of alcohol, but they have never specifically admitted to drinking at work, or before.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
My son was terminated after 18yrs with Walmart. He forgot to
My son was terminated after 18yrs with Walmart. He forgot to pay for a drink and chips while on his break. He was a supervisor and was in charge of 14 other individuals. Was being pulled in all directions and just forgot. Leading up to this was being harassed continuOUSLY by an ASST Mgr. He constantly reported the harassment to other members of mgmt including 2 co-mgrs. Nothing was done and then he was terminated for the soda and chips. Is there anything that can be done with this situation?
Can an employer impose a longer probationary period and/or
Can an employer impose a longer probationary period and/or others conditions when rehiring an employee? I am a small business owner in CA. We hired a great employee in April of 2015. During Feb./March & April of 2016, the employee was out "sick" an excessive number of days that increased as time went on. She revealed to me in early April that she was an alcoholic and had relapsed after 20 months sobriety. She vowed to stop drinking but did not and continued to miss work. We let her go mid-April. Now she is sober again 30 days,living in a sober home and I'd like to give her one more chance. Can i impose a longer probationary period than we normally do? My business partner is concerned about the possibility of getting sued by her in the future should her "disability" cause her to miss an excessive number of days again resulting in her firing. thank you.
Is this a free site : I have not : I resigned my position
Hi Pearl, is this a free siteJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I have notJA: Please give me a bit more information, so we can help you best.Customer: I resigned my position after 23 yrs, a diagnosis of dementia for my mother and some alcohol issues, cause me to resign under deress on May 6. After my resignation my boss offered an EAP program which I've been in for 5 weeks, and have been cleared to return to work. I just found out Friday that there not going to take me back because they feel I'm a liability. Do I have recourse? Thank you....JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Is there anything else important you think the Employment Lawyer should know?Customer: Not off handJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
In my job as manager of a recreational resort, I had two
In my job as manager of a recreational resort, I had two board members who were admonished in writing by owners and guests for showing up at a private event (quilting party) and mouthing off to the ladies while drinking. They went on to tell the ladies that I should have not allowed their gathering and that I would be replaced. It was part of my job as manager to oversee the use of the ranch for activities that the owners wanted to hold (weddings, family reunions, club meetings, etc.).Both of these directors were censored by the rest of the board members, but instead of apologizing and owning their mistake in judgment, they denied the incident ever took place. One of the directors was the president, and the other was the treasurer.This was the start of continued harassment, and retaliation.The treasurer stood in front of the owners who were attending the monthly owners' association meeting and stated that he had "discovered" a huge discrepancy in the accounting and that monies were missing. Three owners had been allowed to buy out the balance of their shares for small fee and the ranch had lost 'thousands" of dollars as a result. I was accused of misappropriating funds after it was pointed out to answer a question posed by the other director's wife that , no, this wouldn't exactly be embezzlement since I hadn't taken the monies.The buyout had been a practice that had been put in place prior to my taking over as manager. The only difference was that I had each of the three remaining owners pay a $500 one time buyout price and continue to keep the share and make payments on the assessments. The ranch runs on the assessments paid by the owners. A few owners had financed their shares with the original developer and he had turned these over to the owners' association when they bought him out. I had followed the procedures that were already in place and all three buyouts had to be signed off and signatures notarized by two board members. The treasurer failed to mention that he had been one of the directors signing off on the buyout.The president of the board conducted the investigation and failed to report that she had also signed off on one of the buyouts, as had the other director who was involved in the quilting incident. I was demoted, but allowed to finish my contract time at the same rate of pay. An election was held in August and both directors were out. The president was reelected (no one else ran), but she was removed as president. Things were up in the air, but I was still working, but now at a lower rate of pay and completely removed from management by the previous board. I now had to do the shopping for the ranch (a job I did not do as manager) and in the process, I fell during a rainstorm (slipped on oil in a parking lot) and broke my hip. I am now on workman's comp after a botched surgery left me with one leg 1 1/2 inches shorter than the other and the back pain is unbearable. My six months is up next week, and I am very concerned. The new manager is not forthcoming with any information for me.Had the board conducted an investigation with other players involved, I do not believe I would have been demoted. My honesty and integrity have been questioned in an open meeting, and it has cost me a great deal of humiliation and physical pain and suffering.
I've worked at my job 1/2 years and have always received
I've worked at my job for 1 1/2 years and have always received compliments of what a great job im doing. Ive received 3 bonuses in the last year and NEVER was told anything negative about my work performance. Just recently I told my manager that I am a recovering addict and have been clean for a while. About a month ago I asked about a review and a raise and was told they do not ever give raises. I expressed that I was not happy about this. I also would work late just about every day. Once I learned I would never get a raise I started leaving when I was supposed to and not an hour or two late like I had been. Last Friday I went to lunch and I was in the parking lot. I was about to take my medication that I take everyday at lunch when my boss walked up to my car. He saw me with the pill I was about to take, I rolled down my window said hello to him and didn't think anything about it. After lunch I returned to work and went on as usual. On Monday I went to work and a few hours later our manager who normally works in a different office walked into my office and shut the door. She said this is going to be hard for her but we have to let you go, we're firing you because Pat, our boss saw you doing drugs when you were at lunch on Friday. She went on to say that she knows my history and that I've struggled with drugs in the past. I told her that this is ridiculous and showed her the medication I take everyday at lunch and the prescription on the bottle. She called the boss to tell him I am prescribed this medicine. I asked if he is referring to the pink pill I was taking and he said yes, it was pink and then he tells her that I was snorting it and to tell me I'm fired. I told her that is a complete lie, which it is, and again that I take this medicine everyday at lunch and it is a prescription that Ive been on for years and I don't snort it. That is complete BS. I have worked hard to stay clean and I am so offended that I was accused of doing drugs. I wasn't even asked about it or to take a drug test which I would have done in a second. Since I've been there I've received nothing but praises for doing such a good job. Not only from the office but from clients I've worked with. My boss was never friendly with me compared to the two others I work with in my office. He's difficult to describe other than I think he's Moorman and completely straight edge. Doesn't drink caffeine, use any bad language etc. Personally I feel that once he learned I was a recovering addict he wanted me out and this was his way of getting rid of me. Is it legal to accuse someone, or a recovering addict of using drugs and fire you for taking medication that is prescribed and completely legal? I'm in Virginia if it makes a difference. Any advice would be very appreciated. Thank you.
I am going to be let go because of a corporate restructure.View more employment law questions
I am going to be let go because of a corporate restructure. I am a senior Vice president at a large fashion company. Do I have any negotiating power for a larger severance package? Standard from what I am hearing is one year + vacation.Other SVP who is has been chosen to stay is best friend with boss - but has performance issues - and personal issues that HR is aware of ( drinking - office affair with you assistant)Seems unfair.Company is at will employer.