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In late 2016, I had 7 members of my group resign, including

Hello - In late 2016, I had 7 members of my group resign, including the 3 main managers. For 4 months, I took on the workload of all of the lost members, pulling 90-hour weeks with no help. I was promised that help would be coming and also that for my efforts I would be promoted. Around the 4 month mark, I found out that my new manager had been lying, and on the verge of an emotional and physical breakdown due to the stress and lack of sleep, I went out on 8-weeks of FMLA and STD through my therapist and doctor.Immediately when I went out (that day), I was called by my manager and another higher up to tell me that they had approved immediate help of two people and a promotion for myself. I told them I was out for medical reasons, and would speak to them once I was better. Around the 6 week mark, I called my manager to start preparing to come back to work and he promised I would still be promoted and get help.I asked him to put it in writing, and after 3 conversations with my manager and the other higher up, nothing would be put in writing and they said HR was blocking them. This transpired a few days before I was supposed to go back to work. Because of this, I had another emotional breakdown from the lying. Therefore, I was not cleared to go back to work by my therapist (also saw my doctor who referred me to a psychiatrist). I am now applying for another 4-weeks of FMLA/STD and I am currently into week 9 waiting for the paperwork to be processed. From this, I have two questions:1) I am currently waiting for my 4-week claim to be approved, however, I am into week 9 now. If it were for some reason not approved, how would this be handled with my company and what are my legal options? Can I resign, or would I be fired or would I have to go back? 2) I think that I may resign instead of going back to work at the end of those 4-weeks, as I need to get better and its a toxic environment. I need to give two weeks notice to my employer, when should I do this?My only real concern is that I am able to end this employment so that if my current employer is called by another firm in a few months for a new job that they do not say I was a bad employee or fired etc. I have worked at the company for 10 years and it has been my only employer post college. I currently work for a large firm and have plenty of people who would recommend me that are not involved in this situation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,830 satisfied customers
My employer and another manager walked into the room I and

My employer and another manager walked into the room I and my supervisor was in, closed the door and stood in front of it. It was the only exit. He told me that I would no longer be on the schedule due to a contract that he thought I had not fulfilled. I asked some follow up questions which were followed by him yelling and cursing at me. He and the manager were armed with firearms at the time (we are armed security) as my supervisor and I were not armed. During the course of his frantic yelling and cursing I put my hands up and told him I felt intimidated and would like another manager present. He told me that 'he is done playing these f**king games' and continued to berate me while blocking the only exit. He never gave me the chance to leave and I really did feel threatened as did my supervisor who was in the room with me. My supervisor can give the same account that he felt threatened also.

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Loren

Juris Doctor

44,900 satisfied customers
I was terminated last December. I believe I was used as a

I was terminated last December. I believe I was used as a scapegoat. During the termination I was told that the co would only verify dates of employment and salary. I found out yesterday they are saying I was terminated on background checks. I believe I lost another position from that and may now not get this new job.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Has anything been filed or reported?Customer: Is this confidential?JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Lawyer's and then gets published with the answer to help others with similar problems.Customer: Ok. I haven't filed anything yet. Also, I want to say this co is unethical. We're sued for not paying assistant managers overtime last year.JA: Anything else you want the lawyer to know before I connect you?Customer: They fired me unfairly and are stopping me from getting a new job

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John

Attorney

Doctoral Degree

9,506 satisfied customers
I work for a hospital in Louisiana. Can I be paid at a lower

I work for a hospital in Louisiana. Can I be paid at a lower scale if I have more responsibility then others? I have been paid on the scale of supervisor, with more responsibility than those paid on the scale of a practice manager? Practice managers supervise an area on one floor of the hospital. I manage two clinics in two different cites. I have been asked to open a third clinic in another city to manage.. This does not seem fair.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: LouisianaJA: Has anything been filed or reported?Customer: Not at this time.....JA: Anything else you want the lawyer to know before I connect you?Customer: I am a female African American who is sixty years old. I have worked for this hospital for 25yrs.

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RobertJDFL

Attorney

Juris Doctorate

15,018 satisfied customers
I have been on short term leave due to stress and anxiety at

I have been on short term leave due to stress and anxiety at work. My doctor says I can return to work only if I have a different supervisor. I work for a small business that I know will be able to accommodate this condition. There have also been numerous instances of racial situations all of which I have not shared with them that another attorney has deemed not persistent and pervasive enough to constitute a case. My thoughts were to write a letter with details from these instances in addition to their inability to accommodate my medical need for an alternate position and ask that they negotiate a separation with me. Is this advisable or what would be the best path to take?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: MissouriJA: Has anything been filed or reported?Customer: Not so farJA: Anything else you want the lawyer to know before I connect you?Customer: I am suffering in my daily life as a result of the environment at work.

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LawTalk

Attorney at Law

Juris Doctor

37,868 satisfied customers
I asked a question yesterday about a breach of Hipaa at

Hi, I asked a question yesterday about a breach of Hipaa at work. The payroll clerk at my business has been telling people that my fmla leave is not legitimate (I had a lumpectomy) anyways I was told I could final a hipaa violation complaint. However, on the website it says only medical facilities, and pharmacies are covered entities. Is this an exception since my employer needed fmla paperwork filed out by my doctor in order to approve my leave?

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Patrick, Esq.

Doctoral Degree

20,428 satisfied customers
I file a formal complaint opposing race discrimination and

I file a formal complaint opposing race discrimination and harassment on 6/30/2016. I evidence of employer prolonging casual connection up until Performance Evaluation for FY 2016, On Performance Evaluation employer made false accusations which I explained were false and said in the comment on the evaluation that I feel like this was a retaliatory motive and manager should have known of my formal complaint. I was places on a PIP which I have evidence that it's false. I was put on furlough. I made a EEOC Charge of Discrimination. The investigation was dismissed. I receive the Notice of Right to Sue letter. I was called to returned to work within a month. I worked a month and then was fired for poor performance which I most likely can prove to be false as well. I have about 30 to 50 documents to prove my case of retaliation and wrongful discharge. I have a unemployment Deputy Fact-Finding interview coming. This has been going on over the past 11 months and I just realized I have emotional distress or possible NIED. My question is should I submitted some relevant facts documents for this interview? or should I go all out and send everything I got? or the minimum?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Is the employment agreement "at will," union, full time or part time?Customer: full-timeJA: Anything else you want the lawyer to know before I connect you?Customer: On the EEOC Charge of Discrimination in the Particulars section, I put the wrong dates for the beginning of my false PIP and the extension of the PIP for 30 days. Because employer restarted the 30 day extension PIP 15 days after the 90 day PIP was over.

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Phillips Esq.

Attorney

Juris Doctor

22,252 satisfied customers
I was "asked for my resignation" without given a reason, and

I was "asked for my resignation" without given a reason, and offered a 4 week severance (verbally). Then subsequently escorted from the property. (I am in FL - an "at-will" employment state). This occurred one day after a legal team was brought in by my employer to interview all staff (including myself - I am the Practice Administrator) about an EEOC and hostile work environment concern. My primary question is this: if I provide a letter of resignation, can the employer require me to sign a severance agreement that states I cannot sue them? If so, and I find out later that anyone at the company provided derogatory information that precluded me from obtaining comparable employment, can I then file a claim regardless of the severance agreement?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FLJA: Has anything been filed or reported?Customer: Not be me. There was a previous EEOC claim filed and an employee walked off the job siting racial jokes as the reason. - this is what led to the legal team investigatingJA: Anything else you want the lawyer to know before I connect you?Customer: not specifically at this time. I am just needing advice on whether to provide the resignation letter or not. i don't want for them to rescind and terminate me and be left with nothing

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John

Attorney

Doctoral Degree

9,506 satisfied customers
Had a case for wrongful termination and represent my self

Had a case for wrongful termination and represent my self coz I can't afford, I was accused for kicking the door which I didn't do, but they deleted the video according to their lawyer, but the judge forced them to get a copyJA: Since laws vary from place to place, what state is this in?Customer: NjJA: 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: I lost the EEoc complain coz they didn't look at video

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Maverick

Doctoral Degree

8,400 satisfied customers
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