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Recent employment law questions

I wanted to know if it is illegal company to terminate

I wanted to know if it is illegal for a company to terminate your employment without recommending or requiring that you first go through the EAP that the company provided. For example, stress management at the workplace.

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Ely

Counselor at Law

Juris Doctor

 
62,222 satisfied customers
I am a part time employee with clinically diagnosed depression,

I am a part time employee with clinically diagnosed depression, general anxiety, PTSD, and ADHD. I am under the care of a psychiatric nurse practitioner. My medications have undergone several changes in the past year. Around Thanksgiving I was really struggling. My supervisors expressed concern. After seeing my provider, the same placed me on a work restriction to not be scheduled before 8am. There are 4 shift times in my department. First cook works from 5am until 1pm. There are also 3 supporting positions that work 6am until 2pm. Two afternoon positions work 10:30 am until 6:30 pm. Two more work from 11:15 am until 7:15. Each of these positions are covered by full time employees. Part time employees cover the positions on their days off. I have been on restriction since the beginning of December. My provider just continued her order. Monday, I received a letter from my employer that I will have to go to an independent medical evaluation because I am asking for an accommodation. I am fully able to perform all of my job tasks and am not restricted in the amount of time I am able to work. Do I have to comply? If so, should I supply their doctor with my file? What information should I volunteer? I feel like they are treating me like I'm a criminal.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,364 satisfied customers
Locked by Customer Service

I had an employee who had left the front desk unattended for several hours. A guest waiting to check in called the police because he waited over an hour and no one was there. The police called the hotel manager and they searched the hotel for the employee who they found passed out drunk in a empty guest room of the hotel. They called a family member to come pick up the employee and take them home. The hotel manager was questioning do we have the right to terminate an employee for this or do we have to offer this employee assistance to seek treatment if this is due to an addiction issue. This employee has never had any previous issues and has never asked for any type of assistance. This employee has also never stated that they had a drinking issue.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,476 satisfied customers
Is there any way i won't get fired a dirty drug

Is there any way i won't get fired for giving a dirty drug test

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Marsha411JD

Doctoral Degree

 
18,524 satisfied customers
After working a 15 hr shift driving a gas tractor trailer arriving

After working a 15 hr shift driving a gas tractor trailer arriving back at the yard at 230pm with having to be back at work at 12am my boss told me I had to go to the dr office to take a drug test I informed him that I was very tired and needed to get my required 10hrs of break before my next shift...and asked if I can take it in the am after my next shift.....with no concern of my required 10 hr rest period he told me to go and take the test or I will be fired....my rest and safety concerns I felt were more important...so I refused and was fired do I have a case against my employer?

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5,064 satisfied customers
My name is ***** *****, and I am attempting to locate EO's

Customer: Hello! My name is ***** *****, and I am attempting to locate EO's or procedural requirements for requesting a Hardship Transfer/Reassignment due to medical necessity. I have researched, and found "Reasonable Accommodations," but nothing specifically related to Hardship Transfers/Reassignments. I am working with my HRMD Labor Relations person at my agency, but no one has ever heard of a Hardship Transfer/Reassignment, so I am helping to do the research. Should I be working with my Union Representative or would this fall under the purview of the Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act? Thank you, Ed. JA: Thanks. Can you give me any more details about your issue? Customer: I had spinal surgery in March of this year. It was anticipated that I'd be able to return to work sometime in late June/early July. However, I have had major complications that affect the use of my right arm (limited mobility and strength). As such, I have now been out of work for 9 months. The Neurosurgeon and Physical Therapist are still working to help rectify this issue, but it is unknown from week to week just how much more therapy will be required. As a result, I am still out of work, and cannot drive longer than an hour. This has not only put undue stress on me and my family, but I work for NASA HQ in DC, but I live in Virginia Beach, where I had the surgery, am recovering, and continue all of my medical care. Since NASA Langley Research Center is all of 20-30 miles from my home, and not impede continuity of care JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Job Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: Yes, I will wait. Please forward this response, as the above had a missing sentence. COMMENT: I had spinal surgery in March of this year. It was anticipated that I'd be able to return to work sometime in late June/early July. However, I have had major complications that affect the use of my right arm (limited mobility and strength). As such, I have now been out of work for 9 months. The Neurosurgeon and Physical Therapist are still working to help rectify this issue, but it is unknown from week to week just how much more therapy will be required. As a result, I am still out of work, and cannot drive longer than an hour. Currently, I am in a Leave Without Pay Status, which has not only put undue stress on me, but my family as well. I work for NASA HQ in DC, but I live in Virginia Beach, where I had the surgery, am recovering, and continue all of my medical care. Since NASA Langley Research Center is all of 20-30 miles from my home, and not impede continuity of care JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,364 satisfied customers
I believe my employer knows I have been drinking at work. I

I believe my employer knows I have been drinking at work. I have stopped and have gone to the employee assistance program for help. They have not yet warned me or approached me about this however. It is the busiest time of the year and I am concerned they may keep me on until end of the year and fire me Jan 1. if I do not ever drink again on the job, can they fire me for past transgressions after the fact?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
I have a question about a job termination I voluntarily went

I have a question about a job terminationI voluntarily went to treatment for alcoholism and my employer kept me and was going to help me through their employee assistance programI got out of treatment and had a relapse a month later and voluntarily went back to the treatment center and was terminatedTheir EAP program never got in touch with me until I was terminated; am I protected under the employees with disabilities act?

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John

Attorney

Doctoral Degree

 
7,324 satisfied customers
I was terminated from Wells Fargo in. During my employment,

I was terminated from Wells Fargo in Virginia. During my employment, I was a Service Manager II and not required by my job description to be assigned to a teller drawer. But regardless I had been running a teller drawer for several months due to short staffing in our branch. I most frequently ran a teller drawer in order to allow my teller team to take lunch breaks, which were desperately needed and extremely strenuous to make happen with the limited staff.Since January 2015 until August 2015, I had been actively contacting HR about the work environment in my branch. Most notably, the hostile work environment caused by my Branch Manager and the severity of our short staffing and it's impact on myself and my employees. I also contacted Employee Assistance Counseling, a service provided by the Company, in order to receive advice about the concerns that I have mentioned above to HR. By doing so and receiving no real help in return, I believed I had exhausted all company resources available to me to find a resolution.After an extremely busy day, my teller drawer was out of balance. It was short exactly $1k. The following workday, I reviewed all my teller work and found the transaction where I believed the shortage occurred. A $1k check had been deposited into the customer's account instead of withdrawn when the customer made his mortgage payment. When I contacted the customer to notify him that an error occurred during his mortgage payment and that I was going to correct it, the customer claimed a different story saying that he allegedly used all cash to pay for his mortgage. I assume this was to benefit the 1k for himself but now the issue was between what I claimed vs. what the customer claimed. The customer was questioned no further by my Branch Manager regarding the events which took place when he came into the bank that day. This is following "the customer is always right" mentality, even though my Branch Manager mentioned to me that she also considered that the customer may have been dishonest in order to retain the 1k in his account. (Additionally, this customer was not a high-value client with the bank, and he had no more than an average of 200.00 in his account for the past 12 months)The following day, I seriously considered putting in my formal resignation from my position with the bank but was discouraged to do so by a member of Senior Management. I was told "not to stress" and that I "shouldn't be too hasty to turn in my two weeks" and that "the company does everything in it's power to retain their upper management." Upon hearing this, I did not turn in my statement of resignation to the company.A two week investigation took place and cameras were reviewed of that day. The overall results of the investigation came back "inconclusive."I was fired for "failing to meet performance standards and based on this, [Wells Fargo] has terminated [my] employment"... Exactly two weeks from the day when I would have put in my resignation.I contacted HR via the phone number on my Termination Letter. The letter of Termination told me that a HR Advisor would listen to my concerns, review the matter and if appropriate initiate a Dispute Resolution for further review. Coincidentally, the HR Advisor that answered my phone call was an Advisor that I had previous experience with. I had partnered with this same Advisor during my previous calls to HR regarding my workplace concerns during January 2015 to August 2015. At this time, this Advisor did not respond with concern considering my immediate termination from the company. I asked her if my past calls to HR regarding my workplace concerns and the severity of short staffing were considered during the decision of my termination from the company. The Advisor responded saying that "the only consideration that took place was regarding a mysterious disappearance of $1000," and nothing else. I asked if I was listed as "rehireable" by the company. She said that I was entered in as "rehireable."I immediately applied for Unemployment after my termination. However, I received a letter from the Virginia Employment Commission with a Notice of Telephonic Fact-Finding Interview for the determination of whether or not I was terminated for Misconduct. This interview is to take place next month and no unemployment benefits can be received until my eligibility can be determined at this date. It also says that my employer may participate in the interview.My termination letter clearly states I "have failed to meet performance requirements and based on this, [my] employment has been terminated." However, the HR Advisor mentioned "a mysterious disappearance of $1000 dollars," which I can only imagine is considered a Policy Violation by the company.... and from what I have read, termination based on a Policy Violation is ineligible for Unemployment.I am wondering what rights I have, given this information that I have provided.

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Patrick, Esq.

Doctoral Degree

 
16,842 satisfied customers
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